N.J. Admin. Code § 16:65-4.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:65-4.10 - Procedure upon the filing of a complaint petition

(a) If a complaint petition complies substantially with this chapter and on its face states a matter within the Department's jurisdiction, and copies have been received and fees paid, the Department will accept the complaint petition as filed.

(b) The Department will return an unacceptable complaint petition to the complaint petitioner with an itemization of the deficiencies that must be addressed in order for the petition to be accepted. The complaint petitioner may re-file the complaint petition within 30 days of receipt of the returned petition, without incurring an additional filing fee.

(c) Unless otherwise directed by the Department, petitions and subsequent pleadings shall be served by the parties as provided in 16:65-3.2.

(d) If, within the time allowed for answer, the respondent and the complaint petitioner agree to an offer of satisfaction, the parties or their attorneys shall file a signed offer and acceptance with the Department, for the Department's approval. If approved by the Department, the petition shall be deemed satisfied and no further action will be taken.

(e) When the respondent has not satisfied the petition, the Department may, for the purpose of administratively resolving the matter, schedule and conduct a conference among the Department, the respondent, and the petitioner, and any other person deemed by the Department to be an interested party. Thereafter, the Department may issue a decision or order as the facts and circumstances require; or, the Department may transmit the matter to the Office of Administrative Law as a contested case.

N.J. Admin. Code § 16:65-4.10

Amended and recodified from 16:65-3.9 by 47 N.J.R. 1997(a), effective 8/3/2015