N.J. Admin. Code § 7:26I-7.5

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

Section 7:26I-7.5 - Board's investigation of complaint

(a) Upon the convening of a Complaint Review Team pursuant to N.J.A.C. 7:26I-7.4(c), the Board staff shall inform the Complaint Review Team of the identities of the subject of the complaint and the complainant.

(b) Each Complaint Review Team member shall certify that he or she is free of conflict with the subject of the complaint and the complainant, and can fairly and objectively investigate the complaint.

(c) The Board staff shall notify the subject of the complaint that a complaint has been received. The notification letter shall include:

1. The name of the complainant;

2. A copy of the complaint form; and

3. A request for information and a response to the allegations of the complaint.

(d) If the Complaint Review Team determines that the investigation of the complaint could be undermined by notifying the subject of the complaint, the Complaint Review Team may delay notification until a later date.

(e) The Complaint Review Team shall take such actions it deems necessary to thoroughly investigate the allegations of the complaint. The Complaint Review Team may expand its investigation beyond the allegations of the complaint to investigate whether the subject of the complaint has violated the SRRA or any rule, regulation, or order adopted or issued pursuant thereto, has not applied appropriate guidance, or has knowingly made any false statement, representation, or certification in any document or information submitted to the Board or the Department.

(f) The Complaint Review Team has the authority to take any one or more of the following actions:

1. Request, order, or subpoena the subject of the complaint, the complainant, and any other person that may have information regarding the facts of the complaint to:

i. Submit to questioning or interviews;

ii. Produce data, documents, records, and information;

iii. Respond to inquiries from the Complaint Review Team; and

iv. Make sites, remedial systems, monitoring devices, or other equipment available for inspection;

2. Enter, at reasonable times and in a reasonable manner, any known or suspected site, vessel, or other location, whether public or private, for the purpose of investigating, sampling, inspecting, or copying any records, condition, equipment, practice, or property relating to activities subject to the SRRA or any rule, regulation, or order adopted or issued pursuant thereto. In the event entry is denied or the Board does not wish to provide prior notice, the Board shall seek a warrant authorizing entry before entering the site; and

3. Seize any records, equipment, property, or other evidence relating to activities subject to the SRRA or any rule, regulation, or order adopted or issued pursuant thereto when the Complaint Review Team has reason to believe that any person has made fraudulent representations to the Board or the Department or has destroyed or concealed evidence.

(g) The Complaint Review Team may review information from other persons regarding an LSRP that is the subject of the complaint including, but not limited to:

1. Records from other cases that the LSRP is or was involved in;

2. Prior complaints; and

3. Prior disciplinary actions.

(h) Upon completion of its investigation, the Complaint Review Team shall prepare and submit a report to the Professional Conduct Committee with the identities of the subject of the complaint and the complainant redacted, which shall contain the following information:

1. A summary of the complaint;

2. An opinion as to the validity of the complaint;

3. A statement of the Complaint Review Team's findings of fact; and

4. A statement of the Complaint Review Team's findings with respect to any violation(s).

(i) The Professional Conduct Committee shall review the findings of the Complaint Review Team and present the Complaint Review Team's report and its own recommendation to the Board in executive session.

(j) In the executive session the Professional Conduct Committee shall not disclose to the Board the identity of the complainant and the subject of the complaint.

N.J. Admin. Code § 7:26I-7.5

Adopted by 48 N.J.R. 45(a), effective 1/4/2016

Amended by 55 N.J.R. 2324(b), effective 11/20/2023