N.J. Admin. Code § 16:51-3.16

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:51-3.16 - Procedure upon completion of filing and service or petition or notice of filing

(a) If no response, objection or comment is received to a petition or notice of filing within the time set forth in the petition or in these rules, the Commission may, in its discretion, accept the allegations in the petition or filing as true and may grant the relief requested.

(b) Responses to complaint petitions shall be made by way of Answer.

1. The Answer to a Complaint petition shall address all allegations made in the Complaint petition and shall set forth all facts and legal arguments the respondent intends to raise.

2. In the event that an Answer raises issues of material fact, the matter shall be scheduled for a hearing, which shall be conducted in accordance with N.J.A.C. 1:1.

3. In the event that a respondent fails to file an Answer within time, the allegations of the Complaint shall be deemed admitted.

(c) Responses to petitions and filings other than complaint petitions shall be by comment, objection or motion to intervene.

1. If a comment or objection raises an issue of material fact, the Commission may, in its discretion schedule the matter for hearing pursuant to N.J.A.C. 1:1, without the participation of the commenter or objector.

2. Motions to intervene will be decided pursuant to N.J.A.C. 16:51-4.

N.J. Admin. Code § 16:51-3.16

New Rule, R.2007 d.105, effective 4/16/2007.
See: 38 N.J.R. 4638(a), 39 N.J.R. 1489(b).