N.J. Admin. Code § 13:4-11.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:4-11.1 - When hearings ordered

(a) The Director shall determine when a hearing shall be necessary in any matter.

(b) When the Director has determined pursuant to N.J.A.C. 13:4-10.2(b) or (d), that probable cause exists to credit the allegations of a verified complaint and conciliation has failed to eliminate the alleged practices of discrimination or when, in the judgment of the Director, conciliation would not be feasible, the Director shall order a hearing.

(c) At any time after 180 calendar days from the filing of a verified complaint with the Division, a complainant may file a request with the Division to present the action by themself or through their own attorney to the Office of Administrative Law. Such request shall be in writing and signed by the complainant or their attorney.

(d) Upon receipt of a request made pursuant to (c) above, the Division shall file the action with the Office of Administrative Law, unless at the time of receipt of the request the Division has found no probable cause or otherwise dismissed the verified complaint.

(e) The complainant or their attorney may be required to complete any forms that may be necessary to permit the Division to transmit the case to the Office of Administrative Law.

(f) When the Director orders a hearing pursuant to (b) above, the attorney for the Division shall present the case in support of the verified complaint to the Office of Administrative Law. If the complainant does not wish to rely on the Division's prosecution of the verified complaint, they may request to present the case by themself or through their own attorney to the Office of Administrative Law pursuant to (c) above.

(g) When a complainant files a request with the Division pursuant to (c) above, complainant thereby waives any right to have an attorney for the Division prosecute the verified complaint. The parties shall, however, send copies of all pleadings, briefs and memoranda to the Division's attorney at the same time as filing such papers with OAL. The Division's attorney may attend preliminary proceedings such as pre-hearing conferences in order to determine the appropriateness of intervention, and may intervene on behalf of the Division in any case pursuant to N.J.S.A. 10:5-13.

N.J. Admin. Code § 13:4-11.1

Amended by 52 N.J.R. 2109(a), effective 12/7/2020