N.J. Admin. Code § 3:1-9.15

Current through Register Vol. 56, No. 23, December 2, 2024

Section 3:1-9.15 - Decision by the Commissioner

(a) The Commissioner shall issue a written decision and order. He or she shall mail copies to the parties by certified mail, return receipt.

(b) Upon receipt of the presiding officer's report and recommendation and any exceptions filed thereto, the Commissioner shall issue a decision and order which shall either:

1. Adopt in toto the findings of the fact and conclusions of law of the presiding officer; or

2. Reject the report and recommendation of the presiding officer and make specific, detailed findings of fact and conclusions of law; or

3. Adopt, reject or modify each of the presiding officer's findings of fact and conclusions of law.

(c) If the Commissioner adopts either in whole or in part the report and recommendation of the presiding officer, it shall not be necessary for him or her to repeat those facts and conclusions in his or her order, and they shall automatically be considered part thereof.

N.J. Admin. Code § 3:1-9.15

As amended, R.1983 d.85, eff. 3/21/1983.
See: 15 New Jersey Register 4(a), 15 New Jersey Register 439(b).
Recodified from N.J.A.C. 3:1-9.15.
Amended by R.1991 d.48, effective 2/4/1991.
See: 22 New Jersey Register 3425(a), 23 New Jersey Register 294(b).
Language changed to clarify first level of hearings is investigatory.