Statutes, codes, and regulations
New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETYChapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS
Subchapter 3 - COMMENCEMENT OF FORMAL ADMINISTRATIVE PROCEEDINGS; PLEADINGS; SERVICE OF PLEADINGS; INITIATION OF ADMINISTRATIVE CHARGES
Section 13:45-3.1 - Notice of hearing and complaint

N.J. Admin. Code § 13:45-3.1

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Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:45-3.1 - Notice of hearing and complaint
(a) Whenever it shall appear to the Attorney General that a violation of law under one of the statutory schemes covered by 13:45-2.1 has occurred, is occurring or may occur and that the matter warrants a formal administrative hearing to effectuate the policies underlying the applicable statute, the Attorney General may cause to be issued a notice of hearing and complaint seeking any relief authorized by the applicable statute.
(b) The complaint shall be answered within 35 days from the date of service thereof.
(c) The complaint shall be directed to the respondent and shall be served in accordance with these rules.
(d) The notice of hearing shall contain:
1. A statement that the respondent shall file an answer to the allegations in the complaint within 35 days of service of the complaint;
2. A statement that the answer shall admit or deny each allegation in the numbered paragraphs of the complaint;
3. A statement of the legal authority and jurisdiction under which the hearing is to be held;
4. A statement that the respondent may present evidence in defense to the charges contained in the complaint, either through an attorney or personally;
5. A statement that should the respondent fail to file an answer or appear at the hearing, a default will be entered and the complainant will proceed with proofs in support of the relief demanded; and
6. A statement that adjournments will be granted where the party requesting the adjournment has conformed to the regulations set forth in 1:1-9.6. If the application for adjournment is untimely, the Director may order any sanctions provided in 1:1-14.14.
(e) A complaint shall contain:
1. A reference to the particular sections of the statute or rule alleged to have been violated;
2. A short and plain statement of the facts giving rise to the alleged statutory or rule violation;
3. A statement of the relief sought by the complainant.
(f) The time and place of the hearing will be provided once the answer to the complaint has been received and it has been established that a contested case exists.

N.J. Admin. Code § 13:45-3.1

Amended by 46 N.J.R. 817(b), effective 5/5/2014.