38A:21A-8 Veteran Advocate, additional powers, litigation, administrative proceedings.
319 words·~1 min read·
/nj/title-38a/chapter-21a/38a-21a-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
8. a. In addition to the powers granted in section 4 of this act, the Veteran Advocate may:
(1)intervene in or institute litigation, including appearing in the capacity of an amicus curiae, as appropriate, on any matters within the jurisdiction of the Veteran Advocate set forth in P.L.2025, c.172 (C.38A:21A-1 et al.), and consistent with the provisions thereof, including, but not limited to, section 3 thereof, or
(2)intervene in or institute administrative proceedings before the department, assert the broad public interest of the State in the welfare of veterans, and protect and promote the rights of veterans. In taking such actions, the Veteran Advocate shall consider whether a veteran may be in need of assistance from the Veteran Advocate or whether there is a systemic issue in the department’s provision of services to veterans that should be addressed. The Veteran Advocate shall make a good faith effort to resolve issues or problems and shall have the authority to commence negotiations, mediation, or alternative dispute resolution in its advocacy efforts prior to, or in lieu of, the initiation of any action brought pursuant to this section. The Veteran Advocate shall not have the authority to negotiate, mediate, or commence any other dispute resolution in matters when such engagement would conflict with any applicable collective bargaining agreements, State contracts, or any State or federal law or court order.
b. The Veteran Advocate shall have discretion to decide whether to intervene in any particular matter within the jurisdiction of the Veteran Advocate set forth in P.L.2025, c.172 (C.38A:21A-1 et al.), or to represent or refrain from representing the public interest in a proceeding pursuant to subsection a. of this section. The Veteran Advocate shall consider, in exercising the Veteran Advocate’s discretion, the resources available, the importance and extent of the public interest involved, and whether that interest would be adequately represented without the action of the office.
L.2025, c.172, s.8.