reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - INVESTIGATIONS › Section 13:4-4.2 - Investigatory procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the conduct of investigations, all investigatory powers granted by N.J.S.A. 10:5-8.h through j shall be available to the Division. In its discretion, the Division may conduct investigations using any investigatory tool deemed appropriate, including, but not limited to, interrogatories, fact finding conferences, subpoenas, field visits, interviews, and depositions.
(b) During the pendency of the Division's investigation, only the Division may seek discovery from the parties.
(c) In connection with an investigation of the operation of any real property, as defined by N.J.S.A. 10:5-5n, the Division may require the submission of information concerning the protected classes or protected characteristics of the occupants of or applicants for such real property, the terms and conditions on which the sale or lease of said real property is to be made to the general public, the vacancy rate of such real property subject to rent, the plans for advertising or notifying the public of the availability of said real property for rental or sale, the standard form documents used in the rental or sale of such real property and such other information as may be reasonably necessary to carry out the provisions of the Law Against Discrimination.
(d) In connection with an investigation of any employer, as defined by N.J.S.A. 10:5-5.e, the Division may require the submission of any information or documents deemed appropriate, including, but not limited to, information concerning:
1. The protected classes or protected characteristics of employees or applicants;
2. The employment records of employees;
3. The procedures for advertising or notifying the public of the availability of jobs;
4. The procedures for hiring or selecting employees;
5. The testing, seniority, promotion and discharge procedures; and
6. Such other information as may be reasonably necessary to carry out the provisions of the Law Against Discrimination or Family Leave Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - INVESTIGATIONS › Section 13:4-4.3 - Interrogatories

Current through Register Vol. 56, No. 14, July 15, 2024
The Director may cause interrogatories to be served to aid the Division in its investigation. Unless otherwise specified in the interrogatories, responses shall be filed with the Division within 20 calendar days following service of the interrogatories.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - INVESTIGATIONS › Section 13:4-4.4 - Subpoenas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director may issue such subpoenas as they deem necessary to aid the investigatory process. The Director shall issue subpoenas in the name of the Division, and the subpoenas shall direct the person designated to attend personally and, if necessary, to attend with any books, records, documents, electronic records, and any other evidence that relates to any matter under investigation.
(b) A subpoena shall state the time and place where the person designated is directed to attend.
(c) A subpoena may be issued by the Director upon the application of any party if that party can demonstrate to the Director that the subpoena is reasonable, and that the matters sought therein are relevant and material to the investigation.
(d) Where a respondent is represented by an attorney who has filed a notice of appearance, the Director may issue a notice in lieu of subpoena requiring the respondent to produce documents or to produce its employees to attend any investigatory proceeding. Said notice in lieu of subpoena shall be served upon the respondent's attorney in the manner set forth at (f) below.
(e) Following transmittal of a case to OAL for hearing, the procedures set forth at N.J.A.C. 1:1, shall govern the issuance of subpoenas.
(f) The subpoena shall be served either electronically when the respondent or party to be served has consented to electronic service, or by personal service by any person 18 or more years of age by delivery of a copy of the subpoena to the person named in the subpoena, by overnight delivery by commercial courier, or by registered or certified mail, return receipt requested.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - INVESTIGATIONS › Section 13:4-4.5 - Depositions by Division and parties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On written motion of any party prior to transmittal of a case to the OAL, the Director may order that the testimony of any witness residing within or without the State be taken by deposition in the manner prescribed by law for depositions in the New Jersey Court Rules. Such motion may be granted only if it sets forth:
1. The name and address of the witness to be deposed;
2. A showing of the materiality of that witness's testimony; and
3. A showing that the witness will be unable to attend, or cannot be compelled to attend, any future proceeding. Said motion shall request an order requiring the witness to appear and testify before an officer, representative or agent of the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - INVESTIGATIONS › Section 13:4-4.6 - Enforcement of a request for deposition testimony, interrogatories, subpoenas, other investigatory orders

Current through Register Vol. 56, No. 14, July 15, 2024
If any person shall fail to appear at the time designated in a subpoena, or shall fail to comply with an order of the Director for the taking of depositions, interrogatories, or other investigatory procedures, or shall fail to provide information as requested pursuant to a lawful investigation, they shall be subject to the appropriate enforcement provisions of N.J.S.A. 10:5-8.i, 10:5-19, and 10:5-26, as well as the provisions of N.J.A.C. 13:4-5 and 6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - INVESTIGATIONS › Section 13:4-4.7 - Fact-finding conferences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As part of its investigation and at the discretion of the Director, the Division may convene a fact-finding conference for the purpose of obtaining evidence, identifying the issues in dispute, ascertaining the positions of the parties, and, where appropriate, exploring the possibility of settlement. The fact-finding conference is not an adjudication of the merits of the verified complaint.
(b) The Division shall provide the parties with written notice of the time and place of the fact-finding conference. The notice shall identify the individuals requested to attend and the documents and other evidence each party is requested to provide within the specified time frame.
(c) The conference shall be conducted as follows:
1. The Division employee shall conduct and control the proceedings.
2. Upon prior notice to the Division, the parties may bring witnesses to the conference in addition to those whose attendance may be specifically requested by the Division, but the Division employee shall have discretion over which witnesses shall be heard and the order in which they are heard. The Division employee may exclude any witness or other person from the conference, except that one representative of each party or counsel shall be permitted to remain throughout. In the case of parties that are not individuals, the Division employee may limit attendance at the conference to one representative of each party and counsel.
3. The Division may request the parties to provide affidavits from witnesses who appear at the fact-finding conference.
4. A party may be accompanied at a fact-finding conference by their attorney or another representative, and by a translator, if necessary.
5. An attorney for a party who has not previously entered their appearance shall do so at the outset of the conference.
6. Because the fact-finding conference is a means of investigation and not a hearing on the merits of a case, the parties shall not be entitled to cross-examine witnesses. All questioning shall be conducted by the Division employee(s), unless at their discretion they permit questions to be asked by other persons present at the conference.
7. At the discretion of the Director, a fact-finding conference may be recorded by the Division. The recording shall become part of the Division's investigative file and discovery of the recording will be governed by N.J.A.C. 13:13.
8. During the conference, the Division employee may allow a recess to permit the parties to discuss settlement.
9. The Division will provide, and pay the costs of, appropriate auxiliary aids and services, such as qualified sign language interpreters or translators, when necessary for the Division employee to effectively communicate with a party or witness.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - INVESTIGATIONS › Section 13:4-4.8 - Director's investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director, pursuant to N.J.S.A. 10:5-6; 10:5-8.c, g, h, i, and j; 10:5-9.1; and 10:5-13, may initiate and conduct an investigation to determine whether any entity, organization, industry, groups of industries, business persons, or groups of business persons, or other persons or groups of persons are complying with the Law Against Discrimination or Family Leave Act.
(b) All investigatory and discovery powers that the Division may utilize as set forth in the Law Against Discrimination, the Family Leave Act, and in this chapter, including, but not limited to, the power to issue subpoenas, take depositions, and serve interrogatories, may be utilized in the discretion of the Director during a Director's investigation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - DEFAULTS › Section 13:4-5.1 - Applicability of default procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a respondent fails to timely respond to a verified complaint, interrogatories, and/or a request for information or documents, and the respondent has not filed a timely motion to dismiss the complaint pursuant to N.J.A.C. 13:4-7.5, or timely motion to strike the request for information or documents, the Director may, at their discretion, initiate the default procedure set forth in this subchapter.
(b) In the event the respondent files a motion to strike the request for information or documents within the time set to answer such request, said motion shall be supported by affidavit and/or brief and shall be ruled upon by the Director on the motion papers without oral argument. If said motion is granted, the request for information or documents shall be stricken and if said motion is denied the Director shall then follow the default procedure set forth below or enter any other appropriate order. The filing of a motion to strike a request for information or documents shall toll the time for filing a response to such a request with the Division until such time as a decision on the motion is rendered.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - DEFAULTS › Section 13:4-5.2 - Default procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Director determines to initiate the default procedure due to failure of a respondent to file an answer, position statement, or response to a Document and Information request, the Division shall do so by serving the following notice and order:
"NOTICE is hereby given that a verified complaint has been served upon you charging you with a violation of the Law Against Discrimination (and/or Family Leave Act as is applicable). Pursuant to this Division's authority under N.J.S.A. 10:5-8(i), a verified complaint and/or request for information or documents (as is applicable) has/have been served upon you. The verified complaint and/or request for information or documents has/have not been answered and filed within the time as therein prescribed. Should you fail to fully answer and file the answer to verified complaint, position statement, and request for information or documents within 10 calendar days, a default shall be entered in this case. Said default shall constitute:
(a) an admission that the verified complaint and/or request for information or documents, if answered, would have established facts consistent with the allegations set forth in the Complaint;
(b) a waiver of your right to have the Division conduct further investigations, engage in conciliation efforts or hold a public hearing;
(c) a suppression of any and all defenses to the allegations raised in or arising out of the complaint and/or the investigation; and
(d) an entry of a finding against you.
THEREFORE it is on this ______ day of ___ , ____, ORDERED:
1. Respondent(s) shall file an Answer to the verified complaint, a Position Statement, and to requests for information or documents previously served.
2. Respondent(s) shall file said Answer, Position Statement, and/or responsive information or documents where required on or within the tenth business day following the date of this order."
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - DEFAULTS › Section 13:4-5.3 - Vacation of default

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 20 calendar days after service of the notice of default, and before transmittal of the case to the OAL, the respondent may petition the Director who may vacate entry of default and reopen the case for good cause shown. The respondent's assertion of good cause shall be in affidavit form and shall include the full and complete answer to the verified complaint, the respondent's position statement, and responses to all requests for information or documents.
(b) As a condition of vacating the default, the Director may order the respondent to pay costs or reasonable expenses, including attorney's fees, to the State of New Jersey or an aggrieved representative or party.
(c) If the Director vacates the entry of default at any time prior to the date of transmittal of the case to the OAL, the verified complaint shall instead proceed to an investigation pursuant to this chapter, and where appropriate, conciliation or public hearing as provided by this chapter.
(d) After transmittal of the case to OAL, a motion to vacate a default shall be directed to the Administrative Law Judge pursuant to N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - DEFAULTS › Section 13:4-5.4 - Default hearing and final order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At a default hearing, the proofs shall consist of the order of entry of default, supporting affidavits, and any other evidence proffered by the complainant, and the only cognizable issues shall be whether the facts alleged in the complaint or arising out of the investigation constitute a violation of the Law Against Discrimination and/or Family Leave Act, and if so, the amount of damages and other relief to be provided. No evidence proffered by the respondent on its liability for actions in the verified complaint shall be admitted or considered at the default hearing.
(b) After receiving the initial decision of the administrative law judge, the Director shall enter a final order pursuant to 10:5-17.
(c) If a violation of the Law Against Discrimination and/or Family Leave Act is found by the Director, the final order shall require the respondent to take any affirmative action, in the judgment of the Director, is necessary to both eliminate any violations, make the complainant whole, and serve the public interest.
(d) The order described in (c) above shall be the only final order provided for by this rule; all other orders provided by this rule shall be interlocutory in nature.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - ADMINISTRATIVE DISMISSALS › Section 13:4-6.1 - Administrative dismissals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director may, in their discretion, administratively dismiss a verified complaint for reasons including, but not limited to, the following:
1. Lack of jurisdiction;
2. The complainant is unavailable or unwilling to participate in conciliation or investigation, or to attend a hearing;
3. Relief is precluded by the respondent's absence or other special circumstances;
4. The complainant has initiated an action in Superior Court pursuant to 10:5-13, or raised the same claim in Federal court;
5. The verified complaint was not timely filed pursuant to 10:5-13;
1. -5. (No change.)
6. The verified complaint, on its face, fails to state a claim for relief under the New Jersey Law Against Discrimination or Family Leave Act;
7. The failure by the complainant to accept reasonable offers to resolve the allegations in the verified complaint;
8. The likelihood of success on the merits after a full investigation and/or hearing; or
9. Whether the public interest is best served by the continuation of the proceedings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - MOTIONS AND OTHER CASE ACTIONS › Section 13:4-7.1 - Motions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedure governing all motions made prior to transmittal of a case to the Office of Administrative Law shall be in accordance with this chapter. Where this chapter fails to address an issue, reference may be made to the New Jersey Court Rules. After transmittal, the procedure shall be in accordance with N.J.A.C. 1:1.
(b) All complainants and respondents, as well as the Division, may file motions either electronically, by mail, or in person. A copy of the motion papers shall be served on the other party at the time of filing, except where the motion was filed electronically.
(c) Unless otherwise provided in this chapter, a party opposing a motion shall file opposing papers no later than 10 calendar days following receipt of the motion. The moving party may file its reply responding to any matter raised by the opposing party no later than five business days after receipt of the opposing papers. All papers shall be filed either electronically, by mail, or in person. A copy of all papers shall be served on the other party at the time of filing, except where the papers were filed electronically.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - MOTIONS AND OTHER CASE ACTIONS › Section 13:4-7.2 - Motions to intervene

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to transmittal of a case to the Office of Administrative Law, any person interested in, or associated with, the matters alleged in a verified complaint may file an original and two copies of a motion to intervene and shall serve an additional copy on each respondent and complainant by registered or certified mail, return receipt requested.
(b) Copies of said motion shall be filed and served together with supporting affidavits and briefs.
(c) Following transmittal of a case to the Office of Administrative Law, motions to intervene shall be made pursuant to N.J.A.C. 1:1-12.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - MOTIONS AND OTHER CASE ACTIONS › Section 13:4-7.3 - Motions for consolidation or severance of verified complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the Director deems it necessary, they may order that any verified complaint filed with the Division, and any proceedings that may have been initiated with respect thereto, be consolidated with, or severed from, any other verified complaint that may have been instituted with the Division.
(b) Following transmittal of a case to the Office of Administrative Law, all motions to sever or consolidate shall be initially presented to the OAL, pursuant to N.J.A.C. 1:1. Subject to the requirements of N.J.S.A. 10:5-13, requests for consolidation of cases pending before the Division with cases pending before OAL but involving the jurisdiction of other agencies shall be handled in accordance with N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - MOTIONS AND OTHER CASE ACTIONS › Section 13:4-7.4 - Motions for reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party may, within 30 calendar days after service of a finding of probable cause, no probable cause, or other final order of the Director, file a motion for reconsideration seeking review of the agency's decision and/or the reopening of the record for further investigation. The motion shall be in writing and state the grounds upon which relief is sought. The motion shall be filed electronically or shall be served upon all opposing parties in accordance with N.J. A.C. 13:4-7.6, following which each opposing party may, within 10 calendar days following service of the motion, file a response to the motion. The Director may grant such motion and vacate or modify the order, and/or reopen the record upon showing of the following:
1. Mistake, inadvertence, surprise, or excusable neglect;
2. Fraud, misrepresentation or other misconduct of an adverse party;
3. Newly discovered evidence, which the moving party can demonstrate is reasonably likely to change the final decision of the Director and which by due diligence could not have been discovered in time to be presented at the hearing or during the investigation of the matter; or
4. Any other reason consistent with the public policy of the Law Against Discrimination or Family Leave Act and in the interest of justice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - MOTIONS AND OTHER CASE ACTIONS › Section 13:4-7.5 - Motions to dismiss a complaint

Current through Register Vol. 56, No. 14, July 15, 2024
Any motion to dismiss a complaint shall be supported by affidavit and/or brief. The opposing party may file an opposition to the motion to dismiss. The Director shall rule on the motion to dismiss on the papers, without oral argument. If said motion is granted, any request for information or documents may be withdrawn or modified as determined by the Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - MOTIONS AND OTHER CASE ACTIONS › Section 13:4-7.6 - Service of motions and other pleadings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to transmittal to the OAL, unless otherwise instructed by the Director, every motion and every written notice, brief, or memorandum of law shall be served by the filing party either electronically or by mailing copies to all parties within three calendar days of said filing.
(b) For documents not filed electronically, documents shall not be deemed served until an affidavit of mailing to all other parties is filed with the Division, by mail or in person, at the time of, or subsequent to, filing the pleading.
(c) When any party has appeared through, or is represented by, an attorney, service upon such attorney shall be deemed valid service upon the party in all cases, unless timely written notice of withdrawal or substitution of such attorney is served upon the Director and all other parties.
(d) The Division may, in the discretion of the Director, serve pleadings and other papers on behalf of a party appearing pro se.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 8 - WITHDRAWAL OF COMPLAINTS › Section 13:4-8.1 - Withdrawals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pending verified complaint, or any part thereof, may be withdrawn by the complainant at any time before issuance of a finding of no probable cause by the Division.
(b) A withdrawal shall be filed electronically, by mail, or in person, on a form provided by the Division, and shall be signed by the complainant or the complainant's attorney.
(c) Withdrawal of an individual verified complainant shall not preclude the Director from substituting themself as, or continuing as, a complainant based on the same facts.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 9 - CONCILIATION AND MEDIATION › Section 13:4-9.1 - Timing of conciliation proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At any time beginning with the filing of the verified complaint and ending with the closure of the case, or 45 calendar days from the date of a finding of probable cause, the Division shall, to the extent feasible, commence conciliation proceedings, which may, at the discretion of the Director, include mediation conducted by a mediator designated by the Director with respect to the verified complaint.
(b) The Director may cease conciliation proceedings when a respondent has declared its unwillingness to participate in conciliation or where the Director determines that a respondent is not engaging in conciliation in good faith.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 9 - CONCILIATION AND MEDIATION › Section 13:4-9.2 - Confidentiality of conciliation and mediation records

Current through Register Vol. 56, No. 14, July 15, 2024
Settlement proposals or other information exchanged during a conciliation conference or mediation proceedings shall be kept confidential by all persons involved in the conciliation conference or mediation proceedings and shall not be admissible as evidence unless obtained from a source independent of the conciliation or mediation. Conciliation and mediation agreements shall be available to the public unless the parties otherwise agree and the Attorney General determines that disclosure is not required to further the purposes of the law or otherwise required by law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 9 - CONCILIATION AND MEDIATION › Section 13:4-9.3 - Mediation proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At any time following the filing of a verified complaint, mediation proceedings may be scheduled at the discretion of the Director.
(b) The Director may designate a mediator employed by the Division or otherwise appointed by the Director to conduct the mediation proceedings. In the event the mediation is unsuccessful, the mediator shall not participate in any way in the investigation, motions or hearing of the case.
(c) If mediation is unsuccessful and the respondent has not yet filed an answer to the verified complaint or a position statement, such answer and position statement and the responses to any Document and Information Request must be filed within 20 calendar days of service of notice on the respondent that the matter is being transferred to the Bureau of Enforcement for further investigation.
(d) If the Director finds that there has been a breach of the mediation agreement, the Director may, in their discretion, reopen the verified complaint for investigation or seek to enforce the agreement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 9 - CONCILIATION AND MEDIATION › Section 13:4-9.4 - Conciliation conference proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a finding of probable cause, the Director or their representative shall engage in conciliation with respect to the verified complaint and may, at the Director's discretion, direct that the respondent appear at a conciliation conference.
(b) The respondent shall have at least five calendar-days' notice of the time and place of any conciliation conference.
(c) The notice at (b) above shall contain a provision advising the respondent that in the event conciliation is unsuccessful, a public hearing will be held.
(d) Failure to attend the conciliation conference may, at the discretion of the Director, be deemed to be an unsuccessful attempt at conciliation.
(e) Any conciliation agreement arising out of conciliation efforts by the Division shall be an agreement between the parties and shall be subject to the approval of the Division.
(f) At the Director's discretion, conciliation may be conducted according to the rules applicable for mediation set forth in this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 10 - ORDERS OF THE DIRECTOR › Section 13:4-10.1 - Orders and findings of the Director

Current through Register Vol. 56, No. 14, July 15, 2024
At any time during the course of the proceedings, the Director may enter such orders, including protective orders and orders of dismissal, as may be necessary to effectuate the processing and determination of a case as they may deem appropriate to further the intent and purposes of the Law Against Discrimination or Family Leave Act. When a case is pending before the OAL, the procedures set forth at N.J.A.C. 1:1 shall apply.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 10 - ORDERS OF THE DIRECTOR › Section 13:4-10.2 - Findings of probable cause

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following the completion of an investigation of a verified complaint filed with the Division, the Director shall determine whether or not probable cause exists to credit the allegations of the verified complaint.
(b) If the Director determines based upon a review of the investigative findings that there is a reasonable ground of suspicion supported by facts and circumstances strong enough in themselves to warrant a cautious person to believe that the Law Against Discrimination or Family Leave Act has been violated, they shall issue a finding of probable cause.
(c) If the Director determines based upon a review of the investigative findings that there is not a reasonable ground of suspicion supported by facts and circumstances strong enough in themselves to warrant a cautious person to believe that the Law Against Discrimination or Family Leave Act has been violated, they shall issue a finding of no probable cause.
(d) If the Director determines based upon a review of the investigative findings that probable cause exists as to some, but not all, of the allegations of the verified complaint, they shall issue an agency determination setting forth those issues to which the Director finds that probable cause exists and those issues to which the Director finds that no probable cause exists. Any subsequent hearing on the verified complaint shall be limited to those issues in which the Director determines that probable cause exists.
(e) A finding of no probable cause pursuant to (c) above shall be considered a final order. Findings of probable cause pursuant to (b) above, and agency determinations pursuant to (d) above, shall not be considered final orders.
(f) In any finding of probable cause or no probable cause the Director may, in their sole discretion, use a pseudonym in place of the full name of the complainant or any witness when the complainant or witness is a minor, or where identification of the complainant or witness would involve disclosure of confidential personal information or adversely affect the privacy interests of the complainant or witness.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 10 - ORDERS OF THE DIRECTOR › Section 13:4-10.3 - Service of Director's orders

Current through Register Vol. 56, No. 14, July 15, 2024
All orders of the Director, including findings of probable cause and no probable cause, shall be promptly served on all parties.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 11 - HEARINGS › Section 13:4-11.1 - When hearings ordered

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall determine when a hearing shall be necessary in any matter.
(b) When the Director has determined pursuant to N.J.A.C. 13:4-10.2(b) or (d), that probable cause exists to credit the allegations of a verified complaint and conciliation has failed to eliminate the alleged practices of discrimination or when, in the judgment of the Director, conciliation would not be feasible, the Director shall order a hearing.
(c) At any time after 180 calendar days from the filing of a verified complaint with the Division, a complainant may file a request with the Division to present the action by themself or through their own attorney to the Office of Administrative Law. Such request shall be in writing and signed by the complainant or their attorney.
(d) Upon receipt of a request made pursuant to (c) above, the Division shall file the action with the Office of Administrative Law, unless at the time of receipt of the request the Division has found no probable cause or otherwise dismissed the verified complaint.
(e) The complainant or their attorney may be required to complete any forms that may be necessary to permit the Division to transmit the case to the Office of Administrative Law.
(f) When the Director orders a hearing pursuant to (b) above, the attorney for the Division shall present the case in support of the verified complaint to the Office of Administrative Law. If the complainant does not wish to rely on the Division's prosecution of the verified complaint, they may request to present the case by themself or through their own attorney to the Office of Administrative Law pursuant to (c) above.
(g) When a complainant files a request with the Division pursuant to (c) above, complainant thereby waives any right to have an attorney for the Division prosecute the verified complaint. The parties shall, however, send copies of all pleadings, briefs and memoranda to the Division's attorney at the same time as filing such papers with OAL. The Division's attorney may attend preliminary proceedings such as pre-hearing conferences in order to determine the appropriateness of intervention, and may intervene on behalf of the Division in any case pursuant to 10:5-13.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 11 - HEARINGS › Section 13:4-11.2 - Conduct of hearings

Current through Register Vol. 56, No. 14, July 15, 2024
The procedure for conducting hearings, issuing initial decisions and issuing final orders shall be governed by the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 11 - HEARINGS › Section 13:4-11.3 - Temporary injunction

Current through Register Vol. 56, No. 14, July 15, 2024
If the Director determines that the interests of the complainant may be irreparably damaged by the lapse of time before a hearing could be scheduled or between the scheduling of a hearing and the ultimate disposition of the matter in the Division, he or she shall instruct the attorney for the Division to seek such temporary injunctive relief in the Superior Court of New Jersey, pursuant to 10:5-14.1, as may be appropriate to preserve the rights of the complainant. Where a complainant is proceeding pro se or through a private attorney, pursuant to 10:5-13, the complainant may apply to the Court for temporary injunctive relief.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 12 - PROTECTION OF COMPLAINANTS AND WITNESSES › Section 13:4-12.1 - Protection of witnesses; preventing reprisals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall discharge, evict, expel, or otherwise discriminate or take reprisals against any person because they have opposed any practices or acts forbidden under the Law Against Discrimination or Family Leave Act or because they have filed a complaint, testified, or assisted in any proceeding or investigation under the Law Against Discrimination or Family Leave Act.
(b) For the purposes of this section, all persons who have been, are, or will be the respondents in proceedings before the Division shall be considered to be within the continuing jurisdiction of the Division and shall be subject to appropriate order of the Director as in the case of an unlawful reprisal, including such interim orders as may be deemed necessary to preserve the status quo and to protect the best interests of the parties, as well as the public interest.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 13 - ACCESS TO DIVISION'S INVESTIGATORY FILES › Section 13:4-13.1 - Confidentiality of Division's investigatory files

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1et seq., as amended and supplemented, any other law, rules promulgated under the authority of any statute or Executive Order of the Governor, resolution of both houses of the Legislature, Executive Order of the Governor, Rules of Court, or any Federal law, Federal regulation, or Federal order, and except as otherwise set forth in this subchapter, the Division's investigatory records shall be considered confidential and exempt from public access pursuant to N.J.S.A. 47:1A-1et seq., other than any final agency disposition or any finding of probable cause.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 13 - ACCESS TO DIVISION'S INVESTIGATORY FILES › Section 13:4-13.2 - Access to the Division's investigatory files by parties to the verified complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a finding of probable cause has been issued by the Director, after transmittal to the OAL pursuant to N.J.S.A. 10:5-13, after any final determination has been issued, or after any other agency closure, a party to a verified complaint may, upon request and notice to all other parties, receive access to the following information in the Division's investigatory file of that verified complaint:
1. Statements made by any party or witness during the course of the Division's investigation;
2. All factual written reports, or sound recordings, made by the field investigator or other employee or agent of the Division memorializing any witness or party interview, fact-finding conference, or site visit; and
3. All documentary information submitted by either party or by any witness.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 13 - ACCESS TO DIVISION'S INVESTIGATORY FILES › Section 13:4-13.4 - Copying costs

Current through Register Vol. 56, No. 14, July 15, 2024
The Division's fee for copying documents requested pursuant to this section shall be the same fee as is applicable to requests granted pursuant to 47:1A-1 et seq. The Director may waive or modify this fee in the case of an indigent party or in other extraordinary situations for good cause.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is designed to implement the provisions of the Fair Chance in Housing Act, P.L. 2022, c. 110 (the Act), which concerns the housing rights of certain persons with criminal records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Consistent with the public policy underlying the Act and with firmly established principles for the interpretation of such remedial legislation, the remedial provisions of the statute will be given a broad construction and its exceptions construed narrowly.
(b) The provisions of this chapter are severable. If any provision or the application of any provisions of this chapter to any person or circumstances is invalid, such invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Applicant" means any person considered for, or who requests to be considered for, tenancy within a rental dwelling unit.
"Complainant" means any person filing a complaint alleging a violation of the Act.
"Conditional offer" means an offer to rent or lease a rental dwelling unit to an applicant that is contingent on a subsequent inquiry into the applicant's criminal record, or any other eligibility criteria that the housing provider may lawfully utilize.
"Criminal record" means information about an individual collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests, detentions, indictments, criminal complaints, or other formal criminal charges, and any disposition arising therefrom, including, acquittal, sentencing, correctional supervision, release, or conviction, including, but not limited to, any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, or a sentence of conditional discharge.
"Director" means the Director of the Division on Civil Rights.
"Division" means the Division on Civil Rights in the Department of Law and Public Safety.
"Electronically" means through the New Jersey Bias Investigation Access System (NJBIAS), which is currently available at
http://bias.nicivilrights.gov
, or through another electronic means specified by the Director.
"Housing provider" means a landlord, an owner, lessor, sublessor, assignee or their agent, or any other person receiving or entitled to receive rents or benefits for the use or occupancy of any rental dwelling unit.
"Position statement" means a legal brief or other writing that, in narrative fashion, responds to the allegations in a complaint, as well as, explains the respondent's version of the facts and identifies specific documents and witnesses supporting the respondent's position.
"Rental dwelling unit" means a dwelling unit offered for rent by a housing provider for residential purposes, other than a dwelling unit in an owner-occupied premises of not more than four dwelling units.
"Respondent" means any party charged in a complaint with a violation of the Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.4 - Initial application inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A housing provider shall not require an applicant to complete any housing application that includes any inquiries regarding an applicant's criminal record prior to a conditional offer of housing, except for a limited inquiry of whether an applicant has ever been convicted of criminal activity for the manufacture or production of methamphetamine on the premises of Federally assisted housing, and whether the applicant is subject to a lifetime registration requirement under a State sex offender registration program.
(b) A housing provider shall not make any oral or written inquiry regarding an applicant's criminal record prior to making a conditional offer.
(c) An applicant may provide evidence to the housing provider demonstrating inaccuracies within the applicant's criminal record, evidence of rehabilitation, or other mitigating factors.
1. This subsection only applies to aspects of a criminal record that may be considered under the Act; an applicant need not provide further information regarding elements of their criminal record, evidence of rehabilitation, or other mitigating factors, related to offenses that are ineligible for consideration under the Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.5 - Application fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to accepting any application fee, a housing provider shall disclose, in writing, to the applicant:
1. Whether the eligibility criteria of the housing provider includes the review and consideration of criminal history; and
2. A statement that the applicant may provide evidence demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation or other mitigating factors.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.6 - Prohibition on discrimination

Current through Register Vol. 56, No. 14, July 15, 2024
A housing provider shall apply the standards established by the Act to each applicant in a nondiscriminatory manner.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 5 - RULES PERTAINING TO THE FAIR CHANCE IN HOUSING ACT › Subchapter 1 - GENERAL PROVISIONS › Section 13:5-1.7 - Criminal records prohibited from consideration irrespective of conditional offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A housing provider shall not at any point, either before or after a conditional offer of tenancy, evaluate an applicant based on any of the following types of criminal records:
1. Arrests or charges that have not resulted in a criminal conviction;
2. Expunged convictions;
3. Convictions erased through executive pardon;
4. Vacated and otherwise legally nullified convictions;
5. Juvenile adjudications of delinquency; and
6. Records that have been sealed.