N.J. Admin. Code § 13:4-5.3

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

Section 13:4-5.3 - Vacation of default

(a) Within 20 calendar days after service of the notice of default, and before transmittal of the case to the OAL, the respondent may petition the Director who may vacate entry of default and reopen the case for good cause shown. The respondent's assertion of good cause shall be in affidavit form and shall include the full and complete answer to the verified complaint, the respondent's position statement, and responses to all requests for information or documents.

(b) As a condition of vacating the default, the Director may order the respondent to pay costs or reasonable expenses, including attorney's fees, to the State of New Jersey or an aggrieved representative or party.

(c) If the Director vacates the entry of default at any time prior to the date of transmittal of the case to the OAL, the verified complaint shall instead proceed to an investigation pursuant to this chapter, and where appropriate, conciliation or public hearing as provided by this chapter.

(d) After transmittal of the case to OAL, a motion to vacate a default shall be directed to the Administrative Law Judge pursuant to N.J.A.C. 1:1.

N.J. Admin. Code § 13:4-5.3

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