New Jersey Administrative Code

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 N.J.S.A. 47:1A-1 et seq. The Director may waive or modify this fee in the case of an indigent party or in other extraordinary situati…

Any action may be commenced by the filing of a verified complaint with the Division. Notes N.J. Admin. Code § 13:4-2.1 Amended by 52 N.J.R. 2109(a), effective 12/7/2020

(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 …

(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 Dis…

(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…

(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 co…

Verified complaints shall be filed within 180 calendar days after the alleged act of discrimination or alleged violation of the Family Leave Act. Notes N.J. Admin. Code § 13:4-2.5 Amended by 52 N.J.R. 2109(a), effective 12/7/2020

(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 th…

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 Su…

(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 in…

(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 veri…

(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, …

(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…

(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 resp…

(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 cas…

(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, int…

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. Notes N.J. Admin. Code § 1…

(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…

(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 m…

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…

(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 po…

(a) The Director, pursuant to N.J.S.A. 10:5-6; N.J.S.A. 10:5-8.c, g, h, i, and j; N.J.S.A. 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 perso…

(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…

(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 …

(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 …

(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 …

(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) 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 proc…

(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…

(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 institut…

(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…

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 in…

(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 fi…

(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…

(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 discreti…

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 …

(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. …

(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 …

The purpose of this chapter is to regulate the practices of professional engineering, professional land surveying and home inspection in the State of New Jersey pursuant to N.J.S.A. 45:8-27 et seq. Notes N.J. Admin. Code § 13:40-1.1 New Rule, R.2006 d.80, effective 2/21/2006. See…

This chapter shall apply to all applicants seeking licensure as professional engineers, professional land surveyors and/or home inspectors and all licensees practicing professional engineering, professional land surveying and/or home inspecting in the State of New Jersey. Notes N…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "ABET" means the Accreditation Board for Engineering and Technology. "Advertisement" means any communication to the public including, but no…

Notes N.J. Admin. Code § 13:40-1.4 Recodified as N.J.A.C. 13:40-8.4 by R.2006 d.80, effective 2/21/2006. See: 37 N.J.R. 3253(a), 38 N.J.R. 1202(a). Section was "Proposed title block form."

Notes N.J. Admin. Code § 13:40-1.5 Recodified as N.J.A.C. 13:40-8.5 by R.2006 d.80, effective 2/21/2006. See: 37 N.J.R. 3253(a), 38 N.J.R. 1202(a). Section was "Title block use for professional engineer and land surveyor work project."

Notes N.J. Admin. Code § 13:40-1.6 Recodified as N.J.A.C. 13:40-8.6 by R.2006 d.80, effective 2/21/2006. See: 37 N.J.R. 3253(a), 38 N.J.R. 1202(a). Section was "Subtitle block of independent professional."

(a) Upon review and approval by the Board of a completed application, the Board shall issue a certificate of authorization to a limited liability company (LLC) or a corporation, other than a professional service corporation established pursuant to the Professional Service Corpora…

(a) All certificates of authorization issued by the Board shall be issued for a biennial period. An LLC or corporation seeking renewal of the certificate shall submit a completed renewal application, a copy of the current annual report filed with the Division of Revenue in the Ne…

(a) Any business corporation or limited liability company that does not have an officer or employee who is in responsible charge and is licensed as a professional engineer and/or professional land surveyor in this State and which offers or renders such services shall, prior to th…