New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 2 - DEFINITIONS › Section 1:1-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise.
"Adjournment" means postponement of the hearing until another
				  time.
"Administrative law judge" means a person appointed pursuant
				  to 52:14F-4 or
				  52:14F-5(m)  and
				  assigned by the Director of the Office of Administrative Law to preside over
				  contested cases and other proceedings.
"Administrative rule" means each agency statement of general
				  applicability and continuing effect that implements or interprets law or
				  policy, or describes the organization, procedure or practice requirements of
				  any agency. The term includes the amendment or repeal of any rule, but does not
				  include: (1) statements concerning the internal management or discipline of any
				  agency; (2) intra-agency and inter-agency statements; and (3) agency decisions
				  and findings in contested cases.
				  52:14B-2(e).
"Affidavit" means a written statement that is signed and
				  sworn or affirmed to be true in the presence of a notary public or other person
				  authorized to administer an oath or affirmation.
"Agency" includes each of the principal departments in the
				  executive branch of the State government, and all boards, divisions,
				  commissions, agencies, departments, councils, authorities, offices or officers
				  within any such departments now existing or hereafter established and
				  authorized by statute to make, adopt or promulgate rules or adjudicate
				  contested cases, except the office of the Governor.
				  52:14B-2(a).
"Agency head" means the person or body authorized by law to
				  render final decisions in contested cases, except that in the Department of
				  Education, the State Board of Education is the head of an agency but the
				  Commissioner of Education is authorized by statute to render final
				  decisions.
"Appellant" means the party who is requesting a reversal or
				  modification of a prior result.
"Burden of producing evidence" means the obligation of a
				  party to introduce evidence when necessary to avoid the risk of a contrary
				  decision or peremptory finding on a material issue of fact.
"Burden of proof" means the obligation of a party to meet the
				  requirements of a rule of law that a fact be proved by a preponderance of the
				  evidence or by clear and convincing evidence.
"Clerk" means the Clerk of the Office of Administrative Law
				  or any such scheduling or docketing officer designated by the head of an agency
				  to oversee the administration of contested cases.
"Close of the record" means that time when the record for a
				  case closes and after which no subsequently submitted information may be
				  considered by the judge.
"Complainant" means the party who requests action or relief
				  by filing a complaint.
"Contested case" means an adversary proceeding, including any
				  licensing proceeding, in which the legal rights, duties, obligations,
				  privileges, benefits or other legal relations of specific parties are required
				  by constitutional right or by statute to be determined by an agency by
				  decisions, determinations, or orders, addressed to them or disposing of their
				  interests, after opportunity for an agency hearing.
				  52:14B-2. The required hearing
				  must be designed to result in an adjudication concerning the rights, duties,
				  obligations, privileges, benefits or other legal relations of specific parties
				  over which there exist disputed questions of fact, law or disposition relating
				  to past, current or proposed activities or interests. Contested cases are not
				  informational nor intended to provide a forum for the expression of public
				  sentiment on proposed agency action or broad policy issues affecting entire
				  industries or large, undefined classes of people.
"Director" means the Director and Chief Administrative Law
				  Judge of the Office of Administrative Law.
"Discovery" means the process by which a party is permitted
				  on demand or upon motion granted by a judge to view, inspect or receive a copy
				  of documents, and gain other information necessary to prepare a case for
				  hearing.
"Docket number" means the number given to a case by the
				  Office of Administrative Law, which contains the abbreviation of the agency
				  that sent the case to the Office of Administrative Law, a sequence number and
				  the year. Sample:
HPW
8831
82
agency
sequence no.
year
"Evidence" is the means from which inferences may be drawn as
				  a basis of proof in the conduct of contested cases, and includes testimony in
				  the form of opinion and hearsay.
"Filing" means receipt of an original or clear copy of a
				  paper by the proper office or officer.
"Final decision" means a decision by an agency head that
				  adopts, rejects or modifies an initial decision by an administrative law judge,
				  an initial decision by an administrative law judge that becomes a final
				  decision by operation of
				  52:14B-10 or a decision by an
				  agency head after a hearing conducted in accordance with these rules.
"Finding of fact" means the determination from proof or
				  official notice of the existence of a fact.
"Hearing" means a proceeding conducted by a judge for the
				  purpose of determining disputed issues of fact, law or disposition.
"Initial decision" means the administrative law judge's
				  recommended findings of fact, conclusions of law and disposition, based upon
				  the evidence and arguments presented during the course of the hearing and made
				  a part of the record which is sent to the agency head for a final
				  decision.
"Intervention" means the process by which a non-party may, by
				  motion, obtain all rights and obligations of a party in a case.
"Judge" means an administrative law judge of the State of New
				  Jersey or any other person authorized by law to preside over a hearing in a
				  contested case unless the context clearly indicates otherwise. The term
				  includes the agency head when presiding over a contested case under
				  52:14F-8(b).
"Jurisdiction" means the legal power to hear or decide a
				  case.
"Material fact" means a fact legally consequential to a
				  determination of an issue in the case.
"Mediation" means a proceeding conducted after transmission
				  in which an administrative law judge other than the judge assigned to preside
				  over the hearing attempts to settle or compromise a dispute between opposing
				  parties.
"Motion" means an application to a judge for a ruling or
				  order.
"Official court reporter or official transcription firm"
				  means the entity awarded the contract with the State of New Jersey utilized by
				  the Office of Administrative Law for the provision of court reporting or
				  transcription services.
"Participation" means the process by which a non-party may,
				  by motion, be permitted to take limited part in a proceeding.
"Party" means any person or entity directly involved in a
				  case, including a petitioner, appellant, complainant, respondent, intervenor,
				  or State agency proceeding in any such capacity.
"Petitioner" means the party who is requesting relief or
				  action at the hearing.
"Pleadings" means written statements of the parties'
				  respective claims and defenses. A pleading may be a petition, complaint,
				  answer, order to show cause or any other form permitted by an agency's
				  rules.
"Plenary hearing" means a complete and full proceeding
				  conducted before a judge, providing the parties with discovery, the opportunity
				  to present evidence, to give sworn testimony, to cross-examine witnesses and to
				  make arguments.
"Prehearing conference" means a meeting that may be held in
				  advance of the hearing between the judge, representatives of the parties and,
				  sometimes, the parties to discuss and set out the issues to be decided in the
				  case, how the case will be presented and any other special matters required by
				  the judge to be discussed and resolved in advance of the hearing.
"Presumption" means a rebuttable assumption of fact resulting
				  from a rule of law which requires such fact to be assumed from another fact or
				  group of facts found or otherwise established in the contested case.
"Principal of a close corporation" means either a substantial
				  shareholder of a corporation that is not publicly owned or an officer or
				  executive employee who is actively involved in managing the business of such a
				  corporation.
"Proceeding on the papers" means a summary proceeding
				  conducted without any personal appearance or confrontation of the parties
				  before the judge. The hearing is conducted through the submission of pleadings,
				  affidavits, records or documents to the Office of Administrative Law for a
				  decision by an administrative law judge.
"Proof" means all of the evidence before the judge relevant
				  to a fact in issue which tends to prove the existence or nonexistence of such
				  fact.
"Pro se" means a person who acts on his or her own behalf
				  without an attorney or other qualified non-lawyer representative.
"Record" means all decisions and rulings of the judge and all
				  of the testimony, documents and arguments presented before, during and after
				  the hearing and accepted by the judge for consideration in the rendering of a
				  decision.
"Relevant evidence" means evidence having any tendency in
				  reason to prove any material fact.
"Respondent" means the party who answers or responds to a
				  request for relief or action.
"Service" means the delivery (by mail or in person) of a
				  paper to a party or any other person or entity to whom the papers are required
				  to be delivered.
"Settlement" means an agreement between parties which
				  resolves disputed matters and may end all or part of the case. Various methods
				  may be utilized to help parties reach agreement, including:
1. Pre-transmission settlement efforts by an
				agency;
2. Pre-transmission
				settlement efforts by an administrative law judge at the request of an
				agency;
3. Mediation by an
				administrative law judge; and
4.
				Post-transmission settlement conferences by an administrative law judge or by a
				staff attorney employed by the Office of Administrative Law.
"Subpoena" means an official paper that requires a person to
				  appear at a hearing to testify and/or bring documents.
"Telephone hearing" means a proceeding conducted by telephone
				  conference call.
"Uncontested case" means any hearing offered by an agency for
				  reasons not requiring a contested case proceeding under the statutory
				  definition of contested case.
"Withdrawal" means a decision by a party voluntarily
				  relinquishing a hearing request or a raised defense.