N.J. Admin. Code § 13:45A-26F.12

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:45A-26F.12 - Notification of scheduling of hearings

(a) Used motor vehicle dealers in New Jersey shall forward to the Division of Consumer Affairs, UCLL Unit, the name, address, telephone and telefax number of the person designated by the dealer to receive notices under the dispute resolution process. It shall be the duty of the dealer to update this information, as necessary.

(b) Upon acceptance of an application, the UCLL Unit shall send a notice by hand delivery or certified mail, return receipt requested, to the consumer and the dealer's designee.

(c) The UCLL Unit shall promptly thereafter refer an accepted application for dispute resolution to the Office of Administrative Law (OAL) or the Division's alternative dispute resolution procedure. The matter shall be conducted as a contested case by the OAL in accordance with the Administrative Procedure Act, 52:14B-1 et seq., the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(d) Notice of the date, time and location of the hearing shall be mailed by OAL to both parties.

(e) Simultaneously with the notice of acceptance of the application, the UCLL Unit shall send a copy of the application materials to the dealer or the dealer's designee. Within 10 days of receiving the transmittal sheet from the Office of Administrative Law indicating the judge assigned to the case, the dealer shall mail by certified mail, return receipt requested, to the consumer at his or her address and to the Clerk of the Office of Administrative Law at the address stated on the transmittal sheet, a response to each of the statements set forth in the consumer application. The response shall also state whether the dealer objects to a proceeding on the papers if requested by the consumer.

(f) Applications for adjournments or rescheduling of the hearing shall be made in accordance with 1:1-9.6.

N.J. Admin. Code § 13:45A-26F.12

Amended by R.2006 d.141, effective 4/17/2006.
See: 37 N.J.R. 4369(a), 38 N.J.R. 1760(a).
In (a), deleted February 11, 1999 deadline.
Amended by R.2012 d.016, effective 1/17/2012.
See: 43 N.J.R. 1130(a), 44 N.J.R. 166(b).
In (b), inserted "hand delivery or"; and rewrote (e).