N.J. Admin. Code § 1:19-9.1
Current through Register Vol. 56, No. 24, December 18, 2024
Section 1:19-9.1 - Placement on inactive list pending disposition of charges against applicant or respondent(a) An applicant or respondent who is currently being prosecuted for or charged with an offense that is enumerated in N.J.S.A. 5:12-86c may move to place the case on the inactive list pursuant to N.J.S.A. 5:12-86d. Any such motion shall be processed in accordance with the provisions of N.J.A.C. 1:1-9.7 except that the judge shall, in all cases, grant the motion if the applicant or respondent establishes the existence of such prosecution or pending charge.(b) An applicant or respondent whose case has been placed on the inactive list pursuant to this section shall notify the judge within 10 days of the disposition of the charge that was the basis for the deferral. Any applicant or respondent who fails to comply with the notice requirements of this subsection shall be deemed to have withdrawn his or her request for a hearing pursuant to N.J.A.C. 1:1-19.2. Unless the applicant or respondent submits to the Casino Control Commission (Commission) a satisfactory written explanation for his or her failure within 20 days of the date of disposition, the Commission may take final action on the case pursuant to N.J.A.C. 19:42A-2.5.(c) Any case placed on the inactive list pursuant to this section shall be returned to active status by the judge assigned to the case immediately upon: 1. The receipt of notice from the applicant or respondent pursuant to (b) above; or2. The expiration of the deferral period established by the judge pursuant to N.J.A.C. 1:1-9.7(a)1.(d) Notwithstanding (c)2 above and N.J.A.C. 1:1-9.7(a)3, a judge shall continue the inactive status of a case placed on the inactive list pursuant to (a) above if the applicant or respondent demonstrates that: 1. The prosecution or charge remains pending; and2. The failure to achieve disposition has not been caused by any action or inaction of his or her part. N.J. Admin. Code § 1:19-9.1
Amended by 47 N.J.R. 2263(a), effective 9/8/2015