N.J. Admin. Code § 19:14-2.3

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

Section 19:14-2.3 - Refusal to issue; appeal

(a) If, after a charge has been processed, the Director of Unfair Practices refuses, in whole or in part, to issue a complaint, the parties shall be notified in writing of the grounds for such action.

(b) Where no complaint is issued, the charging party may appeal that action by filing an original and one copy of an appeal with the Commission, together with proof of service of a copy on all other parties, within 10 days from the service of the notice of such refusal to issue. An appeal must be a self-contained document enabling the Commission to rule on the basis of its contents. An appeal may not allege any facts not previously presented, unless the facts alleged are newly discovered and could not with reasonable diligence have been discovered in time to be presented. Within five days of being served with an appeal, any party opposing the appeal may file an original and one copy of its response, together with proof of service of a copy on all other parties. The Commission may sustain the refusal to issue a complaint, stating the grounds of its affirmance, or may direct that further action be taken. The Commission's determination shall be served on all parties.

(c) A decision by the Director of Unfair Practices to issue a complaint or to refuse to issue a complaint on a portion of an unfair practice charge may not be appealed pre-hearing except by special permission to appeal pursuant to N.J.A.C. 19:14-4.6.

N.J. Admin. Code § 19:14-2.3

As amended, R.1975 d.89, eff. 4/1/1975.
See: 7 New Jersey Register 243(a).
Amended by R.1995 d.489, effective 9/5/1995.
See: 27 New Jersey Register 2555(a), 27 New Jersey Register 3387(a).
Amended by R.2000 d.321, effective 8/7/2000.
See: 32 New Jersey Register 1506(a), 32 New Jersey Register 2928(a).
Rewrote (b).

Amended by 56 N.J.R. 2300(c), effective 12/2/2024