§ 38A:21A-3 — Veteran Advocate, duties, responsibilities.

3. a. The Veteran Advocate shall: (1) administer the work of the Office of the Veteran Advocate; (2) appoint and remove such legal counsel, officers, investigators, stenographic, and clerical assistants, and other personnel, in the career or unclassified service, as may be required for the conduct of the office, subject to the provisions of Title 11A of the New Jersey Statutes, and other applicable statutes and federal regulations, except as provided otherwise herein; (3) formulate and adopt rules and regulations for the efficient conduct of the work and general administration of the office, its officers, and employees, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.); (4) institute or cause to be instituted such legal proceedings or processes consistent with the provisions of this act and the Rules Governing the Courts of New Jersey as may be necessary to properly enforce and give effect to any of the powers or duties of the Veteran Advocate, except that in any matter where the facts alleged indicate potential criminal activity, the Veteran Advocate shall notify the appropriate law enforcement agency and delay such proceedings until the body responsible for the investigation or prosecution of the criminal activity has concluded the investigation or prosecution or has indicated no objection to the commencement of such legal proceedings by the Veteran Advocate; (5) ensure that veterans in the care of or receiving services under the supervision of the department receive treatment in accordance with the applicable State and federal statutes and regulations at all times, with full respect for the veterans’ personal dignity and right to privacy, regardless of whether or not the veteran resides in a veterans’ facility, as defined by section 4 of P.L.2025, c.172 (C.38A:21A-4); (6) ensure that veterans in the care of or receiving services under the supervision of the department receive timely, safe, and effective services, as outlined in the applicable State and federal statutes and regulations, regardless of whether or not the veteran resides in a veterans’ facility, as defined by section 4 of P.L.2025, c.172 (C.38A:21A-4); (7) aid and coordinate with local veterans service officers to ensure veterans receive all available State and federal benefits; (8) examine, on a system-wide basis, the care and services that the department provides veterans; (9) advise the public and those at the highest levels of State government about how the department may improve its services to and for veterans and their families; (10) develop internal procedures appropriate for the effective performance of the office’s duties; (11) act as a liaison to the department to ensure each veteran receives the necessary services and care mandated by the applicable State and federal statutes and regulations; (12) provide input to the department in developing procedures for the executive agencies to best serve the veteran community; (13) act as a liaison to the United States Department of Veterans Affairs and all other relevant federal agencies to advocate on behalf of the veterans of the State; (14) investigate incidents where a veteran suffered a fatality, near fatality, or serious bodily or emotional injury while receiving services from the department, or circumstances which result in a reasonable belief that the department failed in its duty to care for a veteran and, as a result, the veteran was at imminent risk of, or suffered serious bodily or emotional injury or death; (15) commence formal investigations on specific matters related to services provided by the department for which subpoenas, pursuant to subsection b. of this section, may be issued; and (16) meet regularly, as it may determine, with veteran advocacy groups. b. Except as provided in subsection f. of this section, the Veteran Advocate may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers, and other documents, and administer oaths to witnesses in any matter under the formal investigation of the office pursuant to subparagraphs (14) and (15) of subsection a. of this section. If any person to whom such subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers, or other documents required, the Veteran Advocate may apply to the Superior Court, in accordance with the Rules Governing the Courts of the State of New Jersey, to order the person to appear and give testimony or produce the books, papers, or other documents, as applicable. c. The Veteran Advocate shall disseminate information to the public on the objectives of the office, the services provided by the office, and the methods by which the office may be contacted. d. The Veteran Advocate shall assist the Governor in proposing methods of achieving increased coordination and collaboration with the department to ensure maximum effectiveness and efficiency in the provision of services to veterans. e. As used in this act, P.L.2025, c.172 (C.38A:21A-1 et al.), “State agency” means any principal department, division, board, bureau, office, commission, or other instrumentality within the Executive Branch of the State Government or created by a principal department; the Legislature of the State, any office, board, bureau, or commission within or created by the Legislative Branch; to the extent consistent with law, any interstate agency to which New Jersey is a party, any independent State authority, commission, instrumentality, or agency; and any political subdivision of the State. “Veteran” means any resident of the State now or hereafter who has been discharged honorably or under general honorable conditions in any branch of the Armed Forces of the United States, or a Reserve component thereof, including members of the National Guard who served on federal active duty. f. The Veteran Advocate shall not institute or cause to be instituted any legal proceeding against, nor shall it issue any subpoena to, any State agency, except that the Veteran Advocate may institute a legal proceeding against the department for which the allegations are supported by probable cause, provided that in any matter in which the facts alleged indicate potential criminal activity, the Veteran Advocate shall notify the appropriate law enforcement agency and delay such proceedings until the body responsible for the investigation or prosecution of the criminal activity has concluded the investigation or prosecution or has indicated no objection to the commencement of such legal proceedings by the Veteran Advocate. Such legal proceedings shall be governed by the Rules of Court, including, but not limited to, for the production of any documentary evidence, interrogatories, and depositions. Nothing in this act, P.L.2025, c.172 (C.38A:21A-1 et al.) shall be construed as an express or implied waiver of any privileges or immunities. g. The Veteran Advocate shall not be subject to suit by any party whose interests are represented by the Veteran Advocate. Any person whose interests would be represented by the Veteran Advocate may decline to have their interests represented by the Veteran Advocate. L.2025, c.172, s.3.