New Jersey § 5:12-108
Full text of New Jersey New Jersey Statutes § 5:12-108, with citation guidance and answers to common questions.
§ 5:12-108.
a. Any proceeding against a licensee or registrant shall be brought on by written
complaint, which shall include a statement setting forth in ordinary and concise language
the charges and the acts or omissions supporting such charges. b. Upon filing of the complaint the commission shall serve a copy upon the licensee
or registrant either personally or by certified mail to his address on file with the
commission. c. Within 15 days after service upon him of the complaint, the licensee or registrant
may file with the commission a notice of defense, in which he may: (1) Request a hearing; (2) Admit the accusation in whole or in part; (3) Present new matters or explanations by way of defense; or (4) State any legal objections to the complaint. Within the time specified, the licensee or registrant may file one or more notices
of defense upon any or all of the above grounds. d. The licensee or registrant shall be entitled to a hearing on the merits if he files
the required notice of defense within the time allowed by subsection c. of this section,
and any such notice shall be deemed a specific denial of all parts of the complaint
not expressly admitted. Failure to timely file the required notice of defense or to appear at the hearing
shall constitute an admission of all matters and facts contained in the complaint
and a waiver of the licensee's or registrant's rights to a hearing, but the commission,
in its discretion, may nevertheless order a hearing. All affirmative defenses shall be specifically stated, and unless objection is taken
as provided in paragraph (4) of subsection c. of this section, all objections to the
form of the complaint shall be deemed waived. e. The commission shall determine the time and place of the hearing as soon as is
reasonably practical after receiving the licensee's or registrant's notice of defense. The commission shall deliver or send by certified mail a notice to all parties at
least 10 days prior to the hearing. Unless the licensee or registrant consents, the hearing shall not be held prior
to the expiration time within which the licensee or registrant is entitled to file
the notice of defense. f. Prior to a hearing before the commission, and during a hearing upon reasonable
cause shown, the commission shall issue subpenas and subpenas duces tecum at the request
of a licensee, a registrant, or the division.
Frequently Asked Questions About New Jersey § 5:12-108
What does New Jersey Statutes § 5:12-108 cover?
Section 5:12-108 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 5:12-108?
A common citation format is "New Jersey Statutes § 5:12-108" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 5:12-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.