N.J. Admin. Code § 13:4-4.2 - Investigatory procedures

(a) In the conduct of investigations, all investigatory powers granted by N.J.S.A. 10:5-8.h through j shall be available to the Division. In its discretion, the Division may conduct investigations using any investigatory tool deemed appropriate, including, but not limited to, interrogatories, fact finding conferences, subpoenas, field visits, interviews, and depositions.

(b) During the pendency of the Division's investigation, only the Division may seek discovery from the parties.

(c) In connection with an investigation of the operation of any real property, as defined by N.J.S.A. 10:5-5n, the Division may require the submission of information concerning the protected classes or protected characteristics of the occupants of or applicants for such real property, the terms and conditions on which the sale or lease of said real property is to be made to the general public, the vacancy rate of such real property subject to rent, the plans for advertising or notifying the public of the availability of said real property for rental or sale, the standard form documents used in the rental or sale of such real property and such other information as may be reasonably necessary to carry out the provisions of the Law Against Discrimination.

(d) In connection with an investigation of any employer, as defined by N.J.S.A. 10:5-5.e, the Division may require the submission of any information or documents deemed appropriate, including, but not limited to, information concerning:

1. The protected classes or protected characteristics of employees or applicants;

2. The employment records of employees;

3. The procedures for advertising or notifying the public of the availability of jobs;

4. The procedures for hiring or selecting employees;

5. The testing, seniority, promotion and discharge procedures; and

6. Such other information as may be reasonably necessary to carry out the provisions of the Law Against Discrimination or Family Leave Act.

Notes

N.J. Admin. Code § 13:4-4.2

Amended by R.2011 d.073, effective 2/22/2011.
See: 42 N.J.R. 2571(a), 43 N.J.R. 436(a).
Section was "Investigatory Procedures". Rewrote (c) and (d)1. Amended by 52 N.J.R. 2109(a), effective 12/7/2020