reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 4 - SUBMISSION OF REPORTS BY LICENSEES › Section 13:3-4.4 - Reports confidential

Current through Register Vol. 56, No. 14, July 15, 2024
Reports required to be submitted, and the information contained therein, shall not be disclosed by the Commission except:
1. So far as may be necessary for the purpose of carrying out the provisions of the Amusement Games Control Law ( P.L. 1959 c. 108 and the Amusement Games Licensing Law ( P.L. 1959 c. 109); or
2. To any other governmental agency to facilitate the discharge of its public responsibilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 4 - SUBMISSION OF REPORTS BY LICENSEES › Section 13:3-4.5 - Failure to file report; incomplete report; false report

Current through Register Vol. 56, No. 14, July 15, 2024
Failure or refusal by any licensee to make timely filing of any report required by this subchapter, or the filing of any report either incomplete or false in fact, shall constitute cause for suspension or revocation of license or bar to future license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 5 - DISCIPLINARY PROCEEDINGS › Section 13:3-5.1 - Five-day notice prior to hearing; violation specified

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No license shall be suspended or revoked until a five-day notice of the alleged violation against the licensee shall have been given to him personally or by mailing the same by certified mail addressed to him at the licensed premises or at the address listed on the application for licensure and a reasonable opportunity to be heard thereon afforded to the licensee.
(b) If brought by the Legalized Games of Chance Control Commission, such charges shall be signed in the name of the Commission or, if brought by a municipal governing body, such charges shall be signed in the name of such governing body and shall specify the section of the law or the rule and regulation alleged to have been violated and the time and place fixed for the hearing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 5 - DISCIPLINARY PROCEEDINGS › Section 13:3-5.2 - Uncontested disciplinary proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At any time prior to two days before the date fixed for hearing, the licensee may enter a written plea of guilty or non vult to the charges and, thereafter, no hearing shall be held therein.
(b) Where a written plea of guilty or non vult is received, written argument as to penalty may be submitted to the Commission or to the municipal governing body, as the case may be, simultaneously with the entry of the plea.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 5 - DISCIPLINARY PROCEEDINGS › Section 13:3-5.3 - Conduct of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Hearings shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 and 52:14F-1, and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 5 - DISCIPLINARY PROCEEDINGS › Section 13:3-5.4 - Commission's decision changing penalty

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission may adopt, modify or reject the initial decision; provided, however, that the Commission shall not increase any recommended penalty or change a recommended finding of not guilty without first affording the licensee an opportunity to present oral argument before the Commission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 5 - DISCIPLINARY PROCEEDINGS › Section 13:3-5.5 - Transmittal of charges and result to Commission

Current through Register Vol. 56, No. 14, July 15, 2024
When charges have been preferred against a licensee by the governing body of any municipality, such governing body shall transmit to the Commission forthwith a copy of such charges and, when the charges have been finally adjudicated, a copy of the Resolution and Order shall be promptly transmitted to the Commission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 5 - DISCIPLINARY PROCEEDINGS › Section 13:3-5.6 - Proceeding not barred by license expiration

Current through Register Vol. 56, No. 14, July 15, 2024
Disciplinary proceedings shall not be barred or abated by the expiration or extension of the license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 5 - DISCIPLINARY PROCEEDINGS › Section 13:3-5.7 - Results of proceeding affects subsequent license

Current through Register Vol. 56, No. 14, July 15, 2024
Any license may be denied, suspended or revoked, and any licensee may be subject to civil penalties for proper cause, notwithstanding that such cause arose prior to the extension of the license or during the term of a prior license held by the licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 5 - DISCIPLINARY PROCEEDINGS › Section 13:3-5.8 - Conditions for penalty carryover

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where disciplinary proceedings are instituted and the license is extended or expires during the pendency, such proceedings shall be carried through to completion and any order of suspension or revocation shall apply without further proceedings to the extended license or to any new license issued to:
1. The licensee; or
2. Any partnership of which he is a partner; or
3. Any corporation of which such individual licensee is an officer, director or stockholder; or
4. Any individual who was an officer, director or stockholder of a corporation against which such a proceeding is pending.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 5 - DISCIPLINARY PROCEEDINGS › Section 13:3-5.9 - Hearings; Conclusions or Resolutions and Order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the hearing or upon receipt of a guilty or non vult plea upon charges by the governing body of the municipality, the governing body shall make a written determination of the licensee's guilt or innocence which shall be in the form of a Resolution and Order. The Resolution and Order shall set forth the final determination of guilt or innocence, designate the effective date of any suspension or revocation and, in the case of suspension, the term of the suspension and any conditions deemed appropriate. A copy of the Resolution and Order shall be served upon the licensee personally or by mailing by certified mail addressed to the licensee at the licensed premises or at the address listed on the application for licensure.
(b) In contested cases, the Commission's decision shall be issued pursuant to the Administrative Procedure Act. A copy of the decision shall be served upon the licensee personally or by mailing by certified mail addressed to the licensee at the licensed premises or at the address listed on the application for licensure.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 6 - APPEALS › Section 13:3-6.1 - Method of appeal to Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All appeals to the Legalized Games of Chance Control Commission from any refusal to issue a license or any suspension or revocation of a license by a municipal governing body shall be taken by filing with the municipal governing body a written notice of appeal, accompanied by a petition of appeal, within 30 days after the determination or action appealed from.
(b) The notice of appeal and the petition of appeal shall be entitled in the name of the licensee as appellant and the name of the municipal governing body as respondent.
(c) The petition of appeal shall set forth the subject matter of the appeal, the action of the municipal governing body, the relief sought and the grounds therefor.
(d) The appellant shall file with the Commission forthwith a true copy of the notice of appeal and a true copy of the petition of appeal, together with an acknowledgment or affidavit of service of the originals upon respondent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 6 - APPEALS › Section 13:3-6.2 - Respondent's reply to appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within five days after service of the notice and petition of appeal, the respondent shall file an answer with the Commission and mail a copy of the answer to appellant or his attorney.
(b) The answer shall include a statement of the grounds for respondent's action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 6 - APPEALS › Section 13:3-6.3 - Stay of penalty

Current through Register Vol. 56, No. 14, July 15, 2024
An appeal from a suspension or revocation shall automatically act as a stay of said suspension or revocation pending final determination of the appeal, unless the Commission shall otherwise order in writing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 6 - APPEALS › Section 13:3-6.4 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 and 52:14F-1 and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(b) All appeals shall be heard de novo but the burden of establishing that the action of the respondent was erroneous and should be reversed shall rest with the appellant.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 6 - APPEALS › Section 13:3-6.5 - Commission's decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The decision of the Commission shall be issued pursuant to the Administrative Procedure Act.
(b) A copy of the opinion shall be mailed to the parties or their attorneys.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 6 - APPEALS › Section 13:3-6.6 - Stay or extension subject to outcome of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
When appeal is taken in any matter, any extension, pursuant to 13:3-1.17 (Devolution of license) of any license involved therein shall be subject to the ultimate outcome of such appeal, unless otherwise ordered by the Commission for proper cause.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 7 - CERTIFICATION OF PERMISSIBLE GAMES BY COMMISSION › Section 13:3-7.1 - Certification of kinds of games

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Legalized Games of Chance Control Commission shall grant certifications of permissibility of any amusement games which may be played for amusement or entertainment, in which the person or player actively participates and the outcome of which is not in the control of the operator, and which is so conducted that the sale of a right to participate, the event which determines whether a player wins or loses and the award of the prize, tickets or token, all occur as a continuous sequence at the time and place where the player or players are all present.
(b) Such certifications shall be effective generally as to all licenses issued and to be issued with respect to the specific kind of game which is the subject of the certification unless otherwise restricted.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 7 - CERTIFICATION OF PERMISSIBLE GAMES BY COMMISSION › Section 13:3-7.2 - Application for certification; contents; fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications for certification with respect to any game not already the subject of certification may be made to the Commission and shall set forth the following information:
1. The name of the game;
2. Its type or kind;
3. Description of equipment used in its play, including photographs, sketches and diagrams thereof, if necessary or if required by the Commission;
4. Method and rules of play;
5. Method of determination of winner or winners;
6. Number of players who may participate;
7. Length of play of each game;
8. Extent of player participation;
9. Whether the game is controllable by the operator; and
10. Such other information as will facilitate determination of the application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 7 - CERTIFICATION OF PERMISSIBLE GAMES BY COMMISSION › Section 13:3-7.3 - Right to restrict specific terms of certification

Current through Register Vol. 56, No. 14, July 15, 2024
Any certification of permissibility may restrict the number of places or the number of specific kinds of games which may be held, operated or conducted by any one licensee, directly or indirectly, and by the imposition of such other controls as the Commission shall deem suitable and proper.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 7 - CERTIFICATION OF PERMISSIBLE GAMES BY COMMISSION › Section 13:3-7.4 - Amendments of certifications

Current through Register Vol. 56, No. 14, July 15, 2024
Certifications of permissibility may be granted by the Commission in terms applicable to more than one of certain named or described games, all of which are similar in specific kind, and such certifications may be amended from time to time to include additional games differently named or described, but similar in specific kind to those previously certified.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 7 - CERTIFICATION OF PERMISSIBLE GAMES BY COMMISSION › Section 13:3-7.5 - Numbering of certifications

Current through Register Vol. 56, No. 14, July 15, 2024
Each certification of permissibility granted by the Commission shall bear a serial number, which number shall be included in the description of the game to be licensed in the application for license and the license certificate to be issued in connection therewith.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 7 - CERTIFICATION OF PERMISSIBLE GAMES BY COMMISSION › Section 13:3-7.6 - Cancellation of certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any certification of permissibility may be cancelled and vacated or modified by the Commission in its sound discretion at any time, either specifically as to a particular license or licenses, or generally as to all licenses issued on the basis of the particular certification, whereupon such licenses as may be affected, shall, 30 days after the cancellation and vacation, no longer authorize the holding, operation or conduct of the game which was the subject of the certification, or shall authorize the holding, operating and conduct of the game only in such manner as accords with the modified certification in the event of its modification.
(b) Before any cancellation and vacation of a certification shall occur, any licensee operating a game under such certification shall be given notice and afforded a reasonable opportunity to be heard by the Commission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 7 - CERTIFICATION OF PERMISSIBLE GAMES BY COMMISSION › Section 13:3-7.7 - Furnishing certifications to governing bodies

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall furnish to each municipal governing body authorized to issue amusement games licenses a copy of every certification of permissibility granted by the Commission, together with a copy of all amendments, modifications and supplements and any cancellations or vacations of such certifications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 7 - CERTIFICATION OF PERMISSIBLE GAMES BY COMMISSION › Section 13:3-7.8 - Games authorized only in respect to particular certification

Current through Register Vol. 56, No. 14, July 15, 2024
Any license issued to authorize the holding, operation and conduct of any kind of amusement game shall be deemed to authorize such holding, operation and conduct only in the manner and to the extent certified as permissible by the certification of permissibility granted with respect to such game.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 3 - OFFICE OF AMUSEMENT GAMES CONTROL › Subchapter 7 - CERTIFICATION OF PERMISSIBLE GAMES BY COMMISSION › Section 13:3-7.9 - Permissible amusement games certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to P.L. 1959, c. 108, and this subchapter there is hereby granted certification of permissibility for licensing of the following amusement games:
1. Certification No. 1. Throw games wherein a single player upon payment of fee is furnished a number of balls, hoops, darts or other objects, or uses his own coins to be handthrown, rolled or propelled at, into, or upon targets, with prizes awarded according to results achieved, generally known as a Basketball game, Dart game, Coin Pitch game, Roll Down game, Bushel Basket Ball Toss game and such similar games:
i. Only one of the above games may be licensed under one license.
ii. There is no restriction on the number of units that may comprise the game.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13:4-1.1 - Scope of rules

Current through Register Vol. 56, No. 14, July 15, 2024
The following provisions shall constitute the practice and procedure of, and shall govern all proceedings, in the Division on Civil Rights. When a case is transmitted to the Office of Administrative Law, or the Director elects to hear the contested case, the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, shall govern proceedings in that case. Whenever this chapter refers to procedures to be followed after transmittal to the Office of Administrative Law, such references shall also be deemed to apply to instances where the Director elects to hear a contested case pursuant to N.J.S.A. 52:14F-8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13:4-1.2 - Liberal construction of provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These provisions shall be liberally construed by the Director to permit the Division on Civil Rights to discharge its statutory functions and to secure just and expeditious determinations of all matters before the Division on Civil Rights.
(b) The Director may, upon notice to all parties, in the interest of justice, relax the application of these rules.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13:4-1.3 - Practice where rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director may rescind, amend, or expand this chapter from time to time, as necessary, to comply with the Law Against Discrimination, N.J.S.A. 10:5-1et seq., or the Family Leave Act, N.J.S.A. 34:11B-1et seq., and such new rules shall be filed with the Office of Administrative Law.
(b) In any matter that arises not governed by this chapter, the Director shall exercise their discretion.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13:4-1.4 - 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.
"Administrative law judge" means any person appointed pursuant to N.J.S.A. 52:14F-4 or 52:14F-5(m)  and assigned by the Director of the Office of Administrative Law to preside over contested cases and other proceedings.
"Aggrieved person" includes any person who
1. Claims to have been injured by a discriminatory practice; or
2. Believes that such person will be injured by a discriminatory housing practice that is about to occur.
"Attorney for the Division" means an attorney appointed or assigned by the Attorney General of New Jersey.
"Complainant" means any person filing a verified complaint alleging discrimination under the Law Against Discrimination, N.J.S.A. 10:5-1et seq., or the Family Leave Act, N.J.S.A. 34:11B-1et seq.
"Director" means the Director of the Division on Civil Rights who shall act for the Attorney General of New Jersey as chief executive officer of the Division in their place and with their powers.
"Division" means the State Division on Civil Rights, Department of Law and Public Safety.
"Electronically" means through the New Jersey Civil Rights and Bias Incident System (NJCRBIS), available at
www.njcivilrights.gov
, or through another electronic means specified by the Director.
"Investigator" means any employee of the Division designated by the Civil Service Commission as "Investigator, Division on Civil Rights" or any person designated by the Director to perform investigative tasks.
"Investigatory files" means all pleadings, dispositions and orders relating to the verified complaint and all materials, documents, notes, statements, communications, including electronic communications, and recorded proceedings made or received by the Division during the course of the Division's investigation of the verified complaint.
"Office of the Division" means the offices located at 31 Clinton Street, Newark, New Jersey; 140 East Front Street, Trenton, New Jersey; 1325 Boardwalk, Atlantic City, New Jersey; 5 Executive Campus, Cherry Hill, New Jersey; and any additional offices that may from time to time be established and listed on the Division's website,
www.njcivilrights.gov
.
"Position statement" means a legal brief or other writing that, in narrative fashion, responds to the allegations in a verified complaint, as well as explains the respondent's version of the facts and identifies specific documents and witnesses supporting its position.
"Respondent" means any party charged with unlawful discrimination under the Law Against Discrimination, N.J.S.A. 10:5-1et seq., or the Family Leave Act, N.J.S.A. 34:11B-1et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13:4-1.5 - Validity of rules if any portion declared invalid

Current through Register Vol. 56, No. 14, July 15, 2024
If any rule, sentence, paragraph or section of these rules, or the application thereof to any persons or circumstances, shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any rule shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of these rules.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13:4-1.6 - Attorneys; form of appearance on behalf of parties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An attorney may appear on behalf of a party by completing a Division Notice of Appearance form electronically or by providing all of the information requested on such form in a letter or similar document. The Notice of Appearance form is available from the Division's offices or its website,
www.njcivilrights.gov
. To constitute an appearance, a form, letter, or document shall contain the names of the parties, the Division's docket number, the name of the party or parties that the attorney is representing and the attorney's address, telephone number, facsimile number, and email address.
(b) If the attorney has consented to electronic service and filed the Notice of Appearance form electronically, nothing further shall be required of the attorney. If the attorney has not consented to electronic service or has not completed the Notice of Appearance form electronically, any document constituting an appearance shall be personally signed by the attorney filing the appearance and the attorney shall serve a physical copy of the document on the other party pursuant to the procedure set forth at N.J.A.C. 13:4-7.6within three calendar days of filing.
(c) If a party appears through an attorney, all documents subsequent to the verified complaint may be served, as provided in this chapter, upon such attorney with the same force and effect as though served on the client, unless a specific rule requires service on the client also.
(d) An attorney who seeks to withdraw their appearance shall submit a Notice of Withdrawal of Appearance form to the Division electronically, by mail, or in person. Copies of this form are available from the Division's offices or its website.
(e) If the attorney has submitted the Notice of Withdrawal electronically, nothing else shall be required of the attorney. If the attorney has not submitted the Notice of Withdrawal form electronically, upon filing of the hard copy Notice of Withdrawal of Appearance form, the attorney shall concurrently serve copies of the Notice of Withdrawal of Appearance form upon the client and other parties. The attorney shall include a certification that a copy of the notice was mailed or delivered to all counsel and pro se parties and to the client. When an attorney seeks to withdraw after a verified complaint has been transmitted to the Office of Administrative Law, the request for withdrawal shall be addressed to the administrative law judge pursuant to 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 1 - GENERAL PROVISIONS › Section 13:4-1.7 - Electronic registration with the Division and consent to electronic service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any employer, housing provider, or place of public accommodation may register with the Division electronically and identify an individual to electronically accept service in connection with any complaint filed with the Division by providing the name, email address, and phone number for the individual authorized to accept service. When the Division receives a complaint against a respondent that has not so registered, the Division will attempt to find the information above, including by contacting the respondent, and will ask the respondent to register with the Division electronically. For any respondent registered with the Division electronically, the Division shall serve any verified complaint and all other filings electronically, and the respondent may respond to the complaint and other inquiries by the Division electronically.
(b) Any complainant may register with the Division electronically by providing their name, email address, and phone number. For any complainant registered with the Division electronically, the Division shall serve all filings electronically.
(c) When a complainant or respondent has registered with the Division electronically and submits any document to the Division electronically, it need not serve a physical copy of the document on the other party pursuant to the procedure set forth at N.J.A.C. 13:4-7.6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13:4-1.8 - Computation of time

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise provided in a specific rule, in computing any period of time fixed by this chapter, the day of the act or event from which the designated period begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or State or Federal holiday, in which case the period runs until the end of the next day which is neither a Saturday, Sunday, nor State or Federal holiday. In computing a period of time of less than seven days, Saturday, Sunday, and State or Federal holidays shall be excluded.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - COMMENCEMENT OF ACTIONS › Section 13:4-2.1 - Manner of commencing actions

Current through Register Vol. 56, No. 14, July 15, 2024
Any action may be commenced by the filing of a verified complaint with the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - COMMENCEMENT OF ACTIONS › Section 13:4-2.2 - Who may file a verified complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any aggrieved person, including any individual, or group of individuals, partnership, educational institution, association, labor organization, or corporation, may file, or through an attorney at law file, a verified complaint for any practice violative of the Law Against Discrimination or the Family Leave Act which affects the aggrieved person.
(b) Any legal guardian, legal representative, trustee, trustee in bankruptcy, receiver or fiduciary may file, or through an attorney at law file, a verified complaint for any practice violative of the Law Against Discrimination or the Family Leave Act which affects an aggrieved person that the individual represents.
(c) Groups and associations dedicated to the elimination of discrimination in the sale and rental of real property, in the hiring and promotional practices of employers and unions, and in the operation of public accommodations may file, or through an attorney at law file, a verified complaint for any practice violative of the Law Against Discrimination or Family Leave Act which affects the membership of the group or association or which adversely affects the mission of the group or association.
(d) The Attorney General, the Director, the Commissioner of Labor, or the Commissioner of Education may also file a verified complaint alleging unlawful discrimination.
(e) The Director on their own behalf may file a verified complaint or may intervene or join as a complainant in any verified complaint pending before the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - COMMENCEMENT OF ACTIONS › Section 13:4-2.3 - Rights of parties; notification of settlement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any complainant shall be considered a party to any proceeding in the Division resulting from the filing of such verified complaint and shall have the rights of a party enumerated by these rules and by the Law Against Discrimination and the Family Leave Act.
(b) The proceeding initiated by any verified complaint shall, if the Director finds the continuation of the proceeding is in the public interest, proceed to conclusion, including the issuance of any lawful order by the Director, even if the grievances of any complainant or individual person represented by the above complainants have been satisfactorily ameliorated.
(c) All complainants and individuals on whose behalf a verified complaint has been filed pursuant to (b) above and (d) below shall be notified of any settlement of individual grievances and of the right to file a motion urging the Director to continue the proceeding.
(d) Where the Director has filed a verified complaint which seeks relief for one or more unnamed members of a protected class, the Director shall have the discretion to settle such verified complaint on such terms as the Director deems appropriate.
(e) Complainants and respondents shall electronically, or by other means, provide the Division with their address, telephone number, and email address in connection with the filing of any complaint, and promptly notify the Division of any change in address, telephone number, or email address at all times until the time for an appeal of a final order has expired.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - COMMENCEMENT OF ACTIONS › Section 13:4-2.4 - Preparation and contents of verified complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A verified complaint shall be filed in a format approved by the Director.
(b) The Division shall aid the complainant in the completion of the verified complaint, except where aid is refused by the complainant or where the complainant submits a completed and signed verified complaint. The Division reserves the right to modify any verified complaint completed by the complainant to meet the Division's jurisdictional and formatting requirements.
(c) The verified complaint shall be entitled in the Department of Law and Public Safety, Division on Civil Rights, and shall set forth in the caption the names of the complainants and respondents.
(d) The verified complaint shall set forth in separate numbered paragraphs the following:
1. The full name of all complainants;
2. The full name and address of all respondents, if known;
3. A brief statement setting forth the facts deemed to constitute the alleged discrimination, including the specific prohibited basis or bases that gave rise to the alleged discrimination;
4. The section of the Law Against Discrimination or Family Leave Act allegedly violated;
5. A statement giving all pertinent facts as to whether any other action, either criminal or civil, has been instituted in the matter. A complainant shall notify the Division if at any time during the pendency of the verified complaint, they file a complaint with any other agency or court concerning the matter that is the subject of the verified complaint;
6. A verification by the person or persons filing the verified complaint that the information provided is true and accurate; and
7. The county in which the alleged discrimination took place.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - COMMENCEMENT OF ACTIONS › Section 13:4-2.5 - Time period for filing verified complaints

Current through Register Vol. 56, No. 14, July 15, 2024
Verified complaints shall be filed within 180 calendar days after the alleged act of discrimination or alleged violation of the Family Leave Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - COMMENCEMENT OF ACTIONS › Section 13:4-2.6 - How to file verified complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person filing a verified complaint with the Division may file by submitting a signed verified complaint to the Division electronically, by regular mail, or in person at any office of the Division. A verified complaint shall be deemed filed on the date it is received by the Division. Any complaint that is submitted electronically may be signed electronically as well.
(b) The filing of a verified complaint or any other pleading shall be proven by the time it was submitted electronically, or, for filings submitted by regular mail or in person, the official stamp of the Division or by the signature of any official, employee, or investigator and their written notation indicating the date of receipt.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - COMMENCEMENT OF ACTIONS › Section 13:4-2.7 - Notification of filing

Current through Register Vol. 56, No. 14, July 15, 2024
Upon, or before, receipt of a verified complaint, the Division shall provide the complainant with written information that notifies the complainant of their rights under the Law Against Discrimination or Family Leave Act, including the right to file a verified complaint in the Superior Court of New Jersey and be heard before a jury; the jurisdictional limitations of the Division; and any other provisions of the Law Against Discrimination or Family Leave Act that may apply to the verified complaint. The jurisdictional limitations of the Division include the limitation of the Division on Civil Rights to only administer claims under the Law Against Discrimination or Family Leave Act, and the inability of the Division on Civil Rights to afford parties the opportunity of a jury trial in claims heard before the Office of Administrative Law. If the complainant is registered with the Division electronically, such notice may be provided electronically.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - COMMENCEMENT OF ACTIONS › Section 13:4-2.8 - Service of verified complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a verified complaint, the Division shall promptly serve a copy on all respondents electronically, by certified mail or overnight delivery by commercial courier, or at the discretion of the Director, by personal delivery by an agent of the Division. In cases involving alleged violations of N.J.S.A. 10:5-12.g, h, i, k, and o, service of the verified complaint shall take place no later than 30 calendar days following the Division's receipt of the verified complaint.
(b) In its discretion, the Division may serve a Document and Information Request, interrogatories or any other type of discovery request along with the copy of the verified complaint.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - COMMENCEMENT OF ACTIONS › Section 13:4-2.9 - Amendment of verified complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to transmittal of a case to the Office of Administrative Law, the complainant with the approval of the Director may file an amended verified complaint with the Division.
(b) Amendments that cure technical defects, clarify or amplify allegations made in the original verified complaint, or allege additional acts which constitute unlawful practices related to or growing out of the subject matter of the original verified complaint, will relate back to the date the verified complaint was first received.
(c) Following transmittal of a case to the Office of Administrative Law, any motion to amend a verified complaint shall be initially presented to the administrative law judge hearing the matter.
(d) Using the standards set forth in the Uniform Administrative Procedure Rules, any pleading may be amended during or after hearing with leave of the administrative law judge to conform to the evidence presented.
(e) If a complainant should die while a verified complaint is pending, an executor or administrator for the complainant's estate may file a motion to be substituted as the complainant.
(f) At any time prior to the transmittal of a matter to the Office of Administrative Law, the Director may on their own initiative amend any complaint to correctly identify the parties and/ or clarify any claims made in the complaint to conform to the evidence. Any such amendment shall relate back to the date of the filing of the original complaint.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - COMMENCEMENT OF ACTIONS › Section 13:4-2.10 - Verified complaints involving minors or other confidential information; use of pseudonym

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall take two verified complaints with the same docket number when the verified complaint involves a minor or when the Director determines, in their sole discretion, that the verified complaint involves confidential information regarding a party or witness. The first verified complaint shall include the full name of the aggrieved party and the full name of any other minor identified in the complaint and shall not be disclosed, except as required by law. The second verified complaint shall be identical to the first, except that a pseudonym shall be substituted for the name of the aggrieved party and/or any other identified minor, party, or witness.
(b) The Division shall serve a copy of the pseudonym verified complaint prepared under this section upon any respondent named therein. Any service of a pseudonym verified complaint shall be accompanied by a notice informing the respondent that, upon review of the verified complaint, if the respondent is unable to identify with sufficient assurance the identity of the person filing the verified complaint or the aggrieved party or any other identified minor, the respondent shall notify the Division in writing not later than 10 days after the date the verified complaint is served. The respondent's notice shall also designate a person upon whom the Division shall serve a copy of the first verified complaint and other papers concerning the Division's investigation, and shall further contain an acknowledgment that any information provided by the Division or other person will be kept strictly confidential. Thereafter, upon receipt of a release from the complainant in cases where it is the aggrieved party that is identified by a pseudonym, the Division shall forward the verified complaint identifying the complainant, aggrieved party and/or other identified minor to the respondent along with a protective order prohibiting the respondent from disclosing the identity of the complainant, aggrieved party and/or other identified minor. Any violation of such a protective order will subject the violator to penalties pursuant to 10:5-14.1a.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - ANSWERS › Section 13:4-3.1 - Time for filing answers and position statements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Respondents shall file an answer, position statement, and response to any Document and Information request with the Division within 20 calendar days after service of the verified complaint and any Document and Information Request.
(b) Respondents that fail to file an answer, position statement, and/or response to the Document and Information Request within the time period provided by this chapter are subject to a demand by subpoena, and/or entry of default in accordance with the procedure set forth at N.J.A.C. 13:4-5.
(c) Extensions of time for filing an answer, position statement, and/or responding to the Document and Information Request may be authorized by the Director upon good cause shown. Requests for extensions of time shall be submitted electronically or by mail.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - ANSWERS › Section 13:4-3.2 - Form and content of answers and position statements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The answer to the verified complaint shall fully and completely advise the parties and the Division as to the nature of the respondent's defenses to each claim asserted, and shall admit or deny each allegation set forth in the verified complaint. Denials shall fairly meet the substance of the allegations denied. A respondent who intends, in good faith, to deny only part or a qualification of an allegation shall specify so much of it as true and material and deny only the remainder. The respondent may not generally deny all the allegations but shall make the denials as specific denials of designated allegations.
(b) Allegations in any answer setting forth an affirmative defense shall be taken as denied.
(c) In addition to an answer to the verified complaint, respondents shall provide a position statement that explains, in narrative form, why the respondent believes that no violation of the Law Against Discrimination or Family Leave Act occurred, and a copy of each document and any other physical or electronic evidence necessary to support the facts, allegations, and defenses set forth in the position statement and answer.
(d) Respondents shall promptly notify the Division of any change in contact information, including mailing address, email address, phone number, and contact person, or other material change in the status of the respondent (such as bankruptcy filing or ceasing to operate as an ongoing concern) at all times until the time for an appeal of a final order has expired.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - ANSWERS › Section 13:4-3.3 - Service of answers and position statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the respondent has consented to electronic service and filed the answer, position statement, and response to any Document and Information request with the Division electronically, the respondent shall not be required to serve a physical copy on the complainant. If the respondent has not consented to electronic service or has filed the answer, position statement, and response to any Document and Information request with the Division by mail, the respondent shall serve a physical copy of their answer and position statement on the complainant(s) pursuant to the procedure set forth at N.J.A.C. 13:4-7.6within three calendar days of the filing of the answer.
(b) If service on the complainant is required pursuant to (a) above, respondents shall, within five business days of serving an answer, file a certification with the Division attesting that such service has been completed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - INVESTIGATIONS › Section 13:4-4.1 - Timing of investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An investigation by the Division may be commenced either prior to or subsequent to the filing of a verified complaint.
(b) Upon receipt of a verified complaint and answer, the Division shall promptly initiate an investigation into the allegations of discrimination.
(c) In cases dual-filed with the Federal Department of Housing and Urban Development (HUD) involving alleged violations of N.J.S.A. 10:5-12.g, h, i, k, and o, unless it is impracticable to do so, the Division shall complete its investigation within 100 calendar days after the filing of the verified complaint. If the Division is unable to complete the investigation within that time period, it must notify the complainant(s) and respondent(s) in writing of the reasons for the delay.