N.J. Admin. Code § 13:45-3.2

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

Section 13:45-3.2 - Service of notice of hearing and complaint

(a) Service of a notice of hearing and complaint shall be made as follows:

1. Where the respondent is an individual, by personally delivering a copy of the notice of hearing and complaint, or by leaving copies thereof at the respondent's dwelling house or usual place of abode with a competent household member of the age of 14 years or over then residing therein, or by delivering copies thereof to a person authorized by appointment or by law to receive service of process on the respondent's behalf. Where such service cannot be obtained, substituted service therefor may be made in the following manner:

i. Personal service thereof without this State; or

ii. The mailing thereof by certified mail, return receipt requested, in the last known place of business, residence or abode within or without this State of such person for whom the same is intended;

2. Where the respondent is a domestic or foreign corporation, by delivering a copy of the notice of hearing and complaint to either an officer, director, trustee or managing or general agent, or any person authorized by appointment or by law to receive service of process on behalf of the corporation, or the person at the registered office or the principal place of business of the corporation in charge thereof. If service cannot be made upon any of the foregoing, then it may be made upon any agent, servant or employee of the corporation acting in the discharge of the duties of the corporation;

3. In the event that service upon either a domestic or foreign corporation cannot be effected in accordance with the above provisions, then the notice of hearing and complaint shall be served without the State on any officer, director, trustee or managing or general agent at the principal or registered place of business, or wherever such individual may be located. If such extraterritorial service cannot be effected on the stated persons, then the same shall be made upon any person authorized by appointment or by law to receive service of process on behalf of the corporation;

4. In lieu of the service set forth in (a)1 through 3 above, service may be made by sending a copy of the notice of hearing and complaint certified mail, return receipt requested to either the registered or principal place of business or to any agent authorized by law to accept service or to the last known address of the respondent.

(b) Service of any papers after an answer has been filed with the Director shall conform to the requirements of 1:1-7.1.

N.J. Admin. Code § 13:45-3.2

As amended, R.1977 d. 93, eff. 3/17/1977.
See: 9 N.J.R. 184(a).
Amended by R.2007 d.32, effective 2/5/2007.
See: 38 N.J.R. 4400(a), 39 N.J.R. 495(b).
In (a)4, substituted "(a)1 through 3 above, service may" for "paragraphs 1 through 3 of this subsection, the director may direct that service"; and added (b).