N.J. Admin. Code § 7:1J-8.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:1J-8.3 - Settlement offer by the administrator

(a) The administrator, on behalf of the Fund, may make a written settlement offer to the claimant if:

1. The claim is eligible for compensation from the Fund;

2. The claimant has requested payment of the claim under 7:1J-8.1;

3. The Department has not received any requests for arbitration of the claim within 30 days after the date of delivery of the last notice under 7:1J-8.1(b) (or, if any potentially responsible party has refused delivery, within 30 days after the date of mailing of the notice, if such date is later than the date of delivery to other potentially responsible parties); and

4. The claimant has made good faith efforts to enter into a settlement with one or more potentially responsible parties, but has not entered into any such settlement within the time allotted under 7:1J-7.2.

(b) The administrator, on behalf of the Fund, shall make a written settlement offer to the claimant if the claim is eligible for compensation from the Fund, the claimant has requested payment of the claim under 7:1J-8.1, and the administrator determines that the source of the discharge is unknown or cannot be determined.

(c) If the administrator is not required to make a settlement offer under (b) above, has elected not to make a settlement offer under (a) above, and has not denied the claim pursuant to 7:1J-6.6(e), the administrator shall submit the claim to arbitration in accordance with N.J.A.C. 7:1J-9.

N.J. Admin. Code § 7:1J-8.3