N.J. Admin. Code § 6A:28-9.7

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

Section 6A:28-9.7 - Probable cause determinations

(a) After the filing of a written statement, the Commission shall decide, by majority vote, whether probable cause exists for the allegations in the complaint. Probable cause shall be found when the facts and circumstances presented in the complaint and written statement would lead a reasonable person to believe that the Act has been violated.

(b) If the Commission does not find probable cause, it shall issue a written notice to the parties, and the complaint shall be dismissed. Dismissal in this circumstance shall constitute final agency action.

(c) If the Commission finds probable cause, it shall issue a written notice to the parties, and the matter shall be processed, in accordance with N.J.A.C. 6A:28-9.8. Findings of probable cause shall not constitute final agency action.

(d) A decision rendered pursuant to N.J.S.A. 18A:12-29.b means a majority vote of the Commission regarding probable cause.

N.J. Admin. Code § 6A:28-9.7

Recodified from 6A:28-10.7 by 55 N.J.R. 359(b), effective 3/6/2023