N.J. Admin. Code § 6A:28-9.4

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

Section 6A:28-9.4 - Frivolous filings

(a) Upon receipt of the complainant's response to an allegation that the complaint was frivolous pursuant to N.J.A.C. 6A:28-7.2, or the expiration of the time for filing such a response, the Commission shall make a determination by majority vote as to whether a complaint is frivolous.

1. Where the Commission finds that a complaint is frivolous, such a finding shall constitute sole grounds for dismissal. Such dismissal shall constitute final agency action.

(b) Pursuant to N.J.S.A. 18A:12-29.e, the Commission may impose a fine not to exceed $ 500.00.

1. If a complainant(s) who is a school official fails to pay the fine within 30 days after receipt of the decision imposing the sanction, the Commission may take action pursuant to N.J.A.C. 6A:28-1.6, or as otherwise set forth in this chapter.

(c) The Commission reserves the right, at any time during the pendency of a matter, to issue an Order to Show Cause, in accordance with the procedures at N.J.A.C. 6A:28-1.6, directing a complainant to show cause as to why a complaint should not be deemed frivolous. In the Order to Show Cause, the Commission shall detail the basis for a finding that the complaint is frivolous.

(d) Failure of the complainant to timely pursue the complainant's case, including failure to amend a complaint and failure to attend a hearing, may be viewed as indicia of a frivolous complaint.

N.J. Admin. Code § 6A:28-9.4

Recodified from 6A:28-10.4 by 55 N.J.R. 359(b), effective 3/6/2023