N.J. Admin. Code § 13:45I-1.5

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

Section 13:45I-1.5 - Complaints; investigations

(a) The Division shall maintain a telephone number specified in N.J.A.C. 13:45I-1.4(a), where customers may communicate complaints regarding the service provided by owners and operators of autobuses.

(b) Upon receipt of a customer complaint, the director of the Division shall initiate, investigate, attempt to resolve, and if necessary, refer the complaint to the Attorney General for further action.

(c) If the Division requests the production of documents and records, and the documents and records requested by the Division are not produced within 30 days of the request, the Division may issue and serve subpoenas to compel the production of the documents and records. The Division may petition the Superior Court to enforce any such subpoena.

(d) Upon completion of its investigation, the Division shall:

1. Dismiss the complaint following a determination that no violation has occurred; or

2. Determine that a violation has likely occurred and:

i. Attempt to resolve the matter by settlement, which may include a monetary settlement to cover, among other things, any costs incurred by the Division; or

ii. If a settlement cannot be reached under (d)2i above, take further action, including a referral to the Attorney General for further action.

(e) Trade secrets and proprietary business information contained in documents or records pursuant to a written request or subpoena shall be confidential and shall not be deemed a "government record" under 47:1A-1 et seq. Any records, documents, papers, maps, books, tapes, photographs, files, sound recordings, or other business materials, regardless of form or characteristics obtained by the Division through a subpoena shall be confidential. At the conclusion of an investigation, any matter determined by the Division, or by a Federal or State judicial or administrative body, to be a trade secret or proprietary confidential business information held by the Division pursuant to the investigation shall be considered confidential. The materials may be used in any administrative or judicial proceeding as long as the confidential or proprietary nature of the material is maintained.

N.J. Admin. Code § 13:45I-1.5

Adopted by 48 N.J.R. 495(a), effective 3/21/2016