New Jersey Administrative Code
Title 11 - INSURANCE
Chapter 5 - REAL ESTATE COMMISSION
Subchapter 11 - PROCEDURES ON DISCIPLINARY ACTIONS, CONTESTED APPLICATIONS, DECLARATORY RULING REQUESTS
Section 11:5-11.1 - Pleadings enumerated and defined
Universal Citation: NJ Admin Code 11:5-11.1
Current through Register Vol. 56, No. 24, December 18, 2024
(a) Pleadings before the Commission shall be orders to show cause, complaints, answers, petitions, and motions, which for purposes of these rules are defined as follows:
1. "Orders to show cause" means
orders issued by the Executive Director on behalf of the New Jersey Real Estate
Commission compelling the persons to whom the order is directed to appear and
show cause before the Commission why certain actions, including, but not
limited to, the imposition of sanctions, should not be taken by the Commission
pursuant to the Real Estate Licensing Act, N.J.S.A. 45:15-1 et seq., and the
rules promulgated thereunder.
2.
"Complaint" means a filing by the Office of the Attorney General of New Jersey
alleging violations of one or more of the provisions of
N.J.S.A. 45:15-1 et seq. and/or of the
Commission's rules.
3. "Answer"
means the pleading filed by a licensee or other party against whom an order to
show cause or complaint is directed which sets forth the respondent's position
with the respect to each factual and legal allegation in the order or complaint
and specifies all affirmative defenses raised by the respondent.
4. "Petition" means the pleading filed by an
interested person to request a rulemaking action or declaratory ruling by the
Commission or the pleading filed by an interested person seeking to intervene
in any rulemaking or declaratory ruling proceeding.
5. "Motion" means the application filed
incidental to an action before the Commission for the purpose of obtaining a
ruling or order directing that some action be taken in favor of the
movant.
(b) Documents, affidavits or other evidentiary matter submitted with or attached to a pleading other than a motion shall not be deemed evidentiary. Such materials must be offered into evidence at a hearing and admitted as such in order to be considered as part of the evidentiary record.
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