At any time prior to transmittal of the pleadings to the OAL, in the Commissioner's discretion or upon motion to dismiss filed in lieu of answer, the Commissioner may dismiss the petition on the grounds that the petitioner has advanced no cause of action even if the petitioner's factual allegations are accepted as true or for lack of jurisdiction, failure to prosecute, or other good reason.
N.J. Admin. Code § 6A:3-1.10
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Recodified and amended from 1.10. The original section 1.9 was "Conference of counsel" and was repealed.
Amended by R.1991 d.57, effective 2/4/1991.
See: 22 N.J.R. 2841(a), 23 N.J.R. 297(b).
Stylistic changes.
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Rewrote the section.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Rewrote (a); in (b), inserted "and notice to the parties with opportunity to be heard" preceding "transfer the petition".
Amended by R.2010 d.072, effective 5/17/2010.
See: 41 N.J.R. 3992(b), 42 N.J.R. 929(b).
Deleted designation (a); and deleted (b).