N.J. Admin. Code § 6A:28-7.2

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

Section 6A:28-7.2 - Contents of a written statement

(a) Upon receipt of the complaint from the Commission, the respondent shall file a written statement. The written statement shall fully and completely advise the parties and the Commission as to the nature of the respondent's defenses for each allegation, including any grounds upon which dismissal should be granted. The written statement shall admit or deny each allegation set forth in the complaint with specificity. Denials shall fairly meet the substance of the allegations being denied. A respondent who intends in good faith to deny only part of an allegation shall specify which parts are true, and deny only the remainder. Evidentiary support must be provided, when possible, pursuant to the standards at N.J.A.C. 6A:28-9.3.

(b) When a written statement alleges that a complaint is frivolous pursuant to N.J.S.A. 18A:12-29.e, the complainant shall have 20 days from receipt of the written statement to respond to the allegation.

1. If the respondent alleges that a complaint is frivolous, the respondent must submit proof of service of the written statement on the complainant, in accordance with N.J.A.C. 6A:28-1.7.

2. An allegation that a complaint is frivolous pursuant to N.J.S.A. 18A:12-29.e shall not be raised in any subsequent filings.

(c) A written statement shall be signed by the respondent(s), and the respondent(s) shall certify as to the accuracy of the written statement.

(d) The Commission shall not accept a counterclaim, but a respondent may file a separate complaint pursuant to N.J.A.C. 6A:28-6.

N.J. Admin. Code § 6A:28-7.2

Amended by 55 N.J.R. 359(b), effective 3/6/2023