N.J. Admin. Code § 13:45G-1.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:45G-1.4 - Time period for disposition of consumer complaints

(a) A board, the Director through the Attorney General, or the Attorney General shall render a final disposition of a consumer complaint within 120 days of the filing of the complaint, except that the 120-day period shall be tolled, based upon the documented approval of the Attorney General or the Attorney General's designee, whenever additional time is required:

1. To obtain information, records or evidence, necessary for the investigation of the consumer complaint, from the licensee or a third party, through an informal request or the exercise of investigative authorities as set forth at N.J.S.A. 45:1-18;

2. To obtain information, records or evidence, provided by or on behalf of a licensee that, in the licensee's view, materially refutes the findings upon which a settlement is premised or warrants an alternative disposition. Obtaining information, records or evidence includes an evaluation by the board of the material provided by or on behalf of the licensee in response to an offer of settlement, which shall be considered at the next regularly scheduled meeting of the board held on or after the 15th day after receipt of the material;

3. For the board, Director or the Attorney General, as the case may be, to consider additional information furnished by the consumer more than 30 days after the filing of the complaint;

4. To conduct an administrative hearing in a contested case;

5. For expert consultation related to the subject matter under investigation;

6. Because a complaint is, or becomes, the subject of a criminal investigation or prosecution; or

7. For other good cause shown due to extraordinary or unforeseen circumstances.

(b) Documented approval will be deemed to have been automatically granted by the Attorney General or the Attorney General's designee to obtain and review a response to a perfected consumer complaint from the licensee named in the complaint, for a period of 21 days or until the next meeting of the board following receipt of the complaint, whichever occurs later.

N.J. Admin. Code § 13:45G-1.4