N.J. Admin. Code § 14:1-5.13

Current through Register Vol. 56, No. 24, December 18, 2024

Section 14:1-5.13 - Informal complaint in lieu of petition

(a) In lieu of filing a petition, an informal complaint may be made by letter, email, electronic filing, or telephone.

(b) Matters thus presented may be taken up by the Board or its staff with the parties affected by correspondence or otherwise, in an endeavor to bring about an adjustment of the subject matter of the complaint without formal hearing order.

(c) While no form of informal complaint is prescribed, to be considered by the Board, such informal complaint must state the name and address of the complainant and the party complained of, as well as the essential facts upon which the complaint is based, including the dates of acts or omissions complained of and the desired outcome.

(d) Informal complaints are usually assigned to the Board's appropriate operating division which deals with the subject matter involved, or to the Board's Division of Customer Assistance. The appropriate division then brings the matter to the attention of the regulated entity and directs the latter to submit information deemed to be pertinent as well as a statement of its position.

(e) Following a study and review of the complainant's and regulated entity's positions and supporting data and after such informal conferences as may be held, an attempt is made to effect an amicable adjustment of the dispute.

(f) Depending upon the type of informal complaint initiated, Board staff shall telephone, e-mail or send a letter to the complainant, and shall e-mail or send a letter to the regulated entity reflecting the results, if any, of the processing of the informal complaint.

(g) Informal complaints shall be without prejudice to the right of any party to file a petition or of the Board to institute a formal proceeding.

(h) While informal complaints are recommended wherever practicable as a method designed for amicable adjustment of disputes, no mandatory or prohibitory order will be issued on an informal complaint.

(i) A party desiring a decision or order of the Board must file a petition in accordance with N.J.A.C. 14:1-4, 5 and 6. Also see N.J.A.C. 14:1-1.5(a).

N.J. Admin. Code § 14:1-5.13

Amended by 47 N.J.R. 2388(b), effective 9/21/2015

Amended by 55 N.J.R. 393(a), effective 3/6/2023