N.J. Admin. Code § 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.
Notes
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