N.J. Admin. Code § 13:4-2.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:4-2.9 - Amendment of verified complaints

(a) Prior to transmittal of a case to the Office of Administrative Law, the complainant with the approval of the Director may file an amended verified complaint with the Division.

(b) Amendments that cure technical defects, clarify or amplify allegations made in the original verified complaint, or allege additional acts which constitute unlawful practices related to or growing out of the subject matter of the original verified complaint, will relate back to the date the verified complaint was first received.

(c) Following transmittal of a case to the Office of Administrative Law, any motion to amend a verified complaint shall be initially presented to the administrative law judge hearing the matter.

(d) Using the standards set forth in the Uniform Administrative Procedure Rules, any pleading may be amended during or after hearing with leave of the administrative law judge to conform to the evidence presented.

(e) If a complainant should die while a verified complaint is pending, an executor or administrator for the complainant's estate may file a motion to be substituted as the complainant.

(f) At any time prior to the transmittal of a matter to the Office of Administrative Law, the Director may on their own initiative amend any complaint to correctly identify the parties and/ or clarify any claims made in the complaint to conform to the evidence. Any such amendment shall relate back to the date of the filing of the original complaint.

N.J. Admin. Code § 13:4-2.9

Amended by R.2011 d.073, effective 2/22/2011.
See: 42 N.J.R. 2571(a), 43 N.J.R. 436(a).
Added (e).

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