N.J. Admin. Code § 17:33-6.2

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

Section 17:33-6.2 - Procedure upon refusal or removal

(a) If DORES finds reasons for refusal pursuant to N.J.A.C. 17:33-5.2, DORES shall return the filing, if written, to the remitter or secured party. DORES shall also send a notice that contains the date and time the filing would have been accepted had it not been refused. In all cases, the date and time of filing will be the delivery date and time of the initial submission. The notice shall also include a brief description of the reason(s) for refusal. The notice shall be sent to a secured party or the remitter using first class mail or, if requested by the remitter, left to be picked up at its office location. DORES will also return acknowledgments and notices using overnight courier, provided the remitter supplies the required envelopes with the return address and prepaid waybills showing the remitter's account with the courier. The notice shall also advise the secured party or remitter that if he or she disagrees with the rejection and believes the filing was wrongfully refused, the secured party or remitter may submit a request for review and determination to DORES' UCC Determination Unit within 45 days of the date of the rejection notice. The requirements for submitting a request for review and determination are set forth at N.J.A.C. 17:33-6.4.

(b) If DORES removes a filing pursuant to N.J.A.C. 17:33-5.2(b), it shall notify the last known submitter or secured party of the removal action through a letter sent by first class mail. The determination letter shall:

1. Indicate that DORES has removed the filing;

2. Describe the reasons for the removal action; and

3. Advise the secured party or remitter of the procedure and timeline, as set forth at N.J.A.C. 17:33-6.4, for petitioning the Filing Office for a final review and determination regarding the removal action.

N.J. Admin. Code § 17:33-6.2

Amended by 47 N.J.R. 908(a), effective 5/4/2015.

Adopted by 55 N.J.R. 2419(a), effective 12/4/2023