N.J. Admin. Code § 13:4-5.4

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

Section 13:4-5.4 - Default hearing and final order

(a) At a default hearing, the proofs shall consist of the order of entry of default, supporting affidavits, and any other evidence proffered by the complainant, and the only cognizable issues shall be whether the facts alleged in the complaint or arising out of the investigation constitute a violation of the Law Against Discrimination and/or Family Leave Act, and if so, the amount of damages and other relief to be provided. No evidence proffered by the respondent on its liability for actions in the verified complaint shall be admitted or considered at the default hearing.

(b) After receiving the initial decision of the administrative law judge, the Director shall enter a final order pursuant to 10:5-17.

(c) If a violation of the Law Against Discrimination and/or Family Leave Act is found by the Director, the final order shall require the respondent to take any affirmative action, in the judgment of the Director, is necessary to both eliminate any violations, make the complainant whole, and serve the public interest.

(d) The order described in (c) above shall be the only final order provided for by this rule; all other orders provided by this rule shall be interlocutory in nature.

N.J. Admin. Code § 13:4-5.4

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