N.J. Admin. Code § 13:4-6.1

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

Section 13:4-6.1 - Administrative dismissals

(a) The Director may, in their discretion, administratively dismiss a verified complaint for reasons including, but not limited to, the following:

1. Lack of jurisdiction;

2. The complainant is unavailable or unwilling to participate in conciliation or investigation, or to attend a hearing;

3. Relief is precluded by the respondent's absence or other special circumstances;

4. The complainant has initiated an action in Superior Court pursuant to 10:5-13, or raised the same claim in Federal court;

5. The verified complaint was not timely filed pursuant to 10:5-13;

1. -5. (No change.)

6. The verified complaint, on its face, fails to state a claim for relief under the New Jersey Law Against Discrimination or Family Leave Act;

7. The failure by the complainant to accept reasonable offers to resolve the allegations in the verified complaint;

8. The likelihood of success on the merits after a full investigation and/or hearing; or

9. Whether the public interest is best served by the continuation of the proceedings.

(b) In determining whether to administratively dismiss a verified complaint pursuant to (a)7 above, the Director will take the following factors into account:

1. The likelihood of success on the merits after a full investigation and/or hearing;

2. Reasonableness of offer;

3. Reasonableness of complainant's refusal, if any;

4. The amount of complainant's economic loss, and respondent's degree of responsibility therefor;

5. The evidence of the complainant's mental pain and suffering;

6. The egregiousness of the discrimination charged; and

7. Whether the public interest is best served by the continuation of the proceedings.

(c) Prior to administratively dismissing a case pursuant to (a)7 above, the Director shall notify the complainant of the reason for the dismissal, and shall offer the complainant the opportunity, pursuant to N.J.S.A. 10:5-13, to have the Division transmit the action to the Office of Administrative Law, where the complainant may present the action personally or through their own counsel at the OAL proceedings. If the complainant does not request such transmittal of the case within 30 calendar days of service of the notice by the Division, the matter will be administratively dismissed. When a complainant files a request with the Division for transmittal pursuant to this section, the complainant thereby waives any right to have an attorney for the Division prosecute the verified complaint, and the other procedures and requirements set forth at N.J.A.C. 13:4-11.1apply.

N.J. Admin. Code § 13:4-6.1

Amended by R.2011 d.073, effective 2/22/2011.
See: 42 N.J.R. 2571(a), 43 N.J.R. 436(a).
In (a)4, inserted ", or raised the same claim in Federal court"; and in (a)6, deleted ", N.J.S.A. 10:5-1 et seq." following "Act".

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