52:9M-12.2 - Notification to person criticized; response

52:9M-12.2  Notification to person criticized; response.
8.  a.  The commission shall make a good faith effort to notify any person whose conduct it intends to criticize in a proposed report.

b.The notice required under subsection a. of this section shall describe the general nature and the context of the criticism, but need not include any portion of the proposed report or any testimony or evidence upon which the report is based.

c.A person receiving notice under subsection a. of this section shall have 15 days to submit a response, signed by that person under oath or affirmation.  Thereafter the commission shall consider the response and shall include the response in the report together with any relevant evidence submitted by that person; except that the commission may redact from the response any discussion or reference to a person who has not received a notice under subsection a. of this section.

d.Nothing in this section shall be construed to prevent the commission from granting such further rights and privileges, as it may determine, to any person whose conduct it intends to criticize in a proposed report.

e.Notwithstanding the provisions of R.S.1:1-2, nothing in this section shall be deemed to apply to any entity other than a natural person.

L.1996, c.44, s.8; amended 2005, c.58, s.2.