N.J. Admin. Code § 6A:3-1.5 - Filing and service of answer

(a) The respondent(s) shall serve an answer upon the petitioner within 20 days after receipt of the petition, unless a shorter period is required by statute, regulation, or court order, or directed by the Commissioner due to the emergent nature of a matter. The answer shall state in short and plain terms the defenses to each claim asserted and shall admit or deny the allegation(s) of the petition.

1. A respondent shall notify the Office of Controversies and Disputes of any change in address, telephone number, or email address prior to transmittal of a matter to the OAL.

(b) Respondent(s) may not generally deny all the allegations, but shall make specific denials that meet the substance of designated allegations or paragraphs of the petition.

(c) The Commissioner shall deem an affirmative defense to an allegation as also a denial of that allegation.

(d) The answer, and any supporting papers the respondent includes, shall be filed with the Commissioner, together with proof of service of a copy thereof upon petitioner. In no case shall a respondent submit materials to the Commissioner that have not been served upon the petitioner and other parties.

(e) Failure to answer a petition within the 20-day period from receipt of service shall result in a notice to the respondent informing the respondent that unless an answer is filed within 10 days of the receipt of said notice, each count in the petition shall be deemed admitted and the Commissioner may decide the matter on a summary basis.

(f) Upon written application by a party, the Commissioner may extend the time for answer, provided that the application was received by the Commissioner prior to the expiration of the initial 20-day period, and provided that a copy of the application was served upon all parties to the contested case.

1. Applicants for extensions shall seek the consent of the other parties, and the application shall state if consent has been obtained prior to application to the Commissioner. Any reasonable request for extension shall be granted when all parties consent. Requests for extensions that are opposed by one or more of the parties may be granted upon a finding of good cause shown.

(g) Nothing in this section precludes the filing of a motion to dismiss in lieu of an answer to a petition, provided that such motion is filed within the time allotted for the filing of an answer. Briefing on such motions shall be in the manner and within the time fixed by the Commissioner, or by the ALJ if the motion is to be briefed following transmittal to the OAL.

(h) The provision of (a) above allowing 20 days within which to file an answer, and the provisions of (e) and (f) above in their entirety, shall not apply to answers filed to tenure charges pursuant to N.J.A.C. 6A:3-5.3.

Notes

N.J. Admin. Code § 6A:3-1.5

Amended by 49 N.J.R. 2516(b), effective 8/7/2017 Amended by 56 N.J.R. 766(b) effective 5/6/2024