reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 1 - APPLICABILITY, SCOPE, CITATION OF RULES, CONSTRUCTION AND RELAXATION; COMPUTATION OF TIME › Section 1:1-1.3 - Construction and relaxation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				chapter shall be construed to achieve just results, simplicity in procedure,
				fairness in administration and the elimination of unjustifiable expense and
				delay. In the absence of a rule, a judge may proceed in accordance with the New
				Jersey Court Rules, provided the rules are compatible with these purposes.
				Court rules regarding third party practices and class action designations may
				not be applied unless such procedures are specifically statutorily authorized
				in administrative hearings.
(b)
				Except as stated in (c) below, procedural rules may be relaxed or disregarded
				if the judge determines that adherence would result in unfairness or injustice.
				The judge shall make such determinations and state the reasons for doing so on
				the record.
(c) The burden of proof
				shall not be relaxed. Statutory procedural requirements shall not be relaxed or
				disregarded except when permitted by the controlling Federal or State
				statutes.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 1 - APPLICABILITY, SCOPE, CITATION OF RULES, CONSTRUCTION AND RELAXATION; COMPUTATION OF TIME › Section 1:1-1.4 - Computation of time

Current through Register Vol. 56, No. 14, July 15, 2024
In computing any period of time fixed by rule or judicial
				  order, the day of the act or event from which the designated period begins to
				  run is not to be included. The last day of the period so computed is to be
				  included, unless it is a Saturday, Sunday or legal holiday, in which event the
				  period runs until the end of the next day which is neither a Saturday, Sunday
				  or legal holiday. In computing a period of time of less than seven days,
				  Saturday, Sunday and legal holidays shall be excluded.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 1 - APPLICABILITY, SCOPE, CITATION OF RULES, CONSTRUCTION AND RELAXATION; COMPUTATION OF TIME › Section 1:1-1.5 - Conduct of administrative law judges

Current through Register Vol. 56, No. 14, July 15, 2024
The Code of Judicial Conduct for Administrative Law Judges,
				  as incorporated herein by reference as the chapter Appendix, shall govern the
				  conduct of administrative law judges.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 3 - COMMENCEMENT OF CONTESTED CASES; JURISDICTION OF THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-3.1 - Commencement of contested cases in the State agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				contested case shall be commenced in the State agency with appropriate subject
				matter jurisdiction. A contested case may be commenced by the agency itself or
				by an individual or entity as provided in the rules and regulations of the
				agency.
(b) A request for a
				contested case hearing may not be filed with the Office of Administrative Law
				by the individual or entity requesting the hearing, except as set forth in
1:4B-3.1
.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 3 - COMMENCEMENT OF CONTESTED CASES; JURISDICTION OF THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-3.2 - Jurisdiction of the Office of Administrative Law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office
				of Administrative Law shall acquire jurisdiction over a matter only after it
				has been determined to be a contested case by an agency head and has been filed
				with the Office of Administrative Law or as otherwise authorized by law, except
				as provided by N.J.A.C. 1:1-17. The Office of Administrative Law shall not
				receive, hear or consider any pleadings, motion papers, or documents of any
				kind relating to any matter until it has acquired jurisdiction over that
				matter, except as provided by N.J.A.C. 1:1-17.
(b) When the Office of Administrative Law
				acquires jurisdiction over a matter that arises from a State agency's rejection
				of a party's application, and at the hearing the party offers proofs that were
				not previously considered by the agency, the judge may either allow the party
				to amend the application to add new contentions, claims or defenses or, if
				considerations of expediency and efficiency so require, the judge shall order
				the matter returned to the State agency. If the matter is returned to the
				agency and thereafter transmitted for hearing, the agency's response to any new
				contentions, claims or defenses shall be attached to the transmittal form
				required by
				1:1-8.2.
(c) Matters involving the administration of
				the Office of Administrative Law as a State agency are subject to the authority
				of the Director. In the following matters as they relate to proceedings before
				the Office of Administrative Law, the Director is the agency head for purposes
				of review:
1. Disqualification of a
				particular judge due to interest or any other reason which would preclude a
				fair and unbiased hearing, pursuant to
				1:1-14.1 2;
2. Appearances of non-lawyer representatives,
				pursuant to
				1:1-5.4;
3. Imposition of conditions and limitations
				upon non-lawyer representatives, pursuant to
				1:1-5.5;
4. Sanctions under
				1:1-14.4 or 14.14 and 14.15
				consisting of the assessment of costs, expenses, or fines;
5. Disqualification of attorneys, pursuant to
				1:1-5.3;
6. Establishment of a hearing location
				pursuant to
				1:1-9.1(b);
				and
7. Appearance of attorneys pro
				hac vice pursuant to
				1:1-5.2.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 3 - COMMENCEMENT OF CONTESTED CASES; JURISDICTION OF THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-3.3 - Return of transmitted cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A case that
				has been transmitted to the Office of Administrative Law shall be returned to
				the transmitting agency if the transmitting agency head so requests in written
				notice to the Office of Administrative Law and all parties. The notice shall
				state the reason for returning the case. Upon receipt of the notice, the Office
				of Administrative Law shall return the case.
(b) A case shall be returned to the
				transmitting agency by the Clerk of the Office of Administrative Law if, after
				appropriate notice, neither a party nor a representative of the party appears
				at a proceeding scheduled by the Clerk or a judge (see
				1:1-14.4 ). Any explanations
				regarding the failure to appear must be in writing and received by the
				transmitting agency head within 13 days of the date of the Clerk's notice
				returning the case. A copy of the explanation shall be served on all other
				parties. If, based on such explanations, the agency head believes the matter
				should be rescheduled for hearing, the agency head may re-transmit the case to
				the Office of Administrative Law, pursuant to
				1:1-8.2.
(c) Upon returning any matter to the
				transmitting agency, the Clerk shall issue an appropriate notice to the parties
				which shall advise the parties of the time limit and requirements for
				explanations as set forth in (b) above.
(d) The agency head may extend the time limit
				for receiving explanations regarding the failure to appear when good cause is
				shown.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 4 - AGENCY RESPONSIBILITY BEFORE TRANSMISSION TO THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-4.1 - Determination of contested case

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After an
				agency proceeding has commenced, the agency head shall promptly determine
				whether the matter is a contested case. If any party petitions the agency head
				to decide whether the matter is contested, the agency shall make such a
				determination within 30 days from receipt of the petition and inform all
				parties of its determination.
(b)
				When a question arises whether a particular matter is a contested case, legal
				advice shall be obtained from the Attorney General's office.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 4 - AGENCY RESPONSIBILITY BEFORE TRANSMISSION TO THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-4.2 - Settlement by agencies prior to transmittal to the Office of Administrative Law

Current through Register Vol. 56, No. 14, July 15, 2024
If an agency attempts settlement prior to transmitting the
				  matter to the Office of Administrative Law, settlement efforts may be conducted
				  in any manner the agency believes may be appropriate and productive. A copy of
				  the agency's settlement process and procedures shall be filed with the
				  Director. The agency may utilize its own personnel or may request in writing to
				  the Director of the Office of Administrative Law the services of an
				  administrative law judge. An administrative law judge who conducts
				  pre-transmission settlement efforts at the request of an agency will not
				  thereafter be assigned to hear the case if settlement efforts are unsuccessful
				  and the case is transmitted.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - REPRESENTATION › Section 1:1-5.1 - Representation

Current through Register Vol. 56, No. 14, July 15, 2024
A party may represent him or herself, be represented by an
				  attorney authorized to practice law in this State, or, subject to
				  1:1-5.4 and
				  1:1-5.5, be represented or assisted
				  by a non-lawyer permitted to make an appearance in a contested case by New
				  Jersey Court Rule R. 1:21-1(e) or be represented by a law graduate or student
				  pursuant to R. 1:21-3(b). Except as provided by
				  1:1-5.4 and
				  1:1-5.6, a corporation must be
				  represented by an attorney.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - REPRESENTATION › Section 1:1-5.2 - Out-of-State attorneys; admission procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An attorney
				from any other jurisdiction, of good standing there, or an attorney admitted in
				this State, of good standing, who does not maintain a bona fide office for the
				practice of law, may, at the discretion of the judge, be admitted pro hac vice
				for the one occasion to participate in the proceeding in the same manner as an
				attorney authorized to practice in this State pursuant to New Jersey Court Rule
				R. 1:21-1 by complying with the following procedure:
1. Admission pro hac vice shall be by motion
				of an attorney authorized to practice in New Jersey. Forms are available from
				the Office of Administrative Law for this purpose.
2. Each motion seeking admission for the one
				occasion shall be served on all parties and have attached a supporting
				affidavit, signed by the attorney seeking admission, which, except for
				attorneys who are employees of and are representing the United States of
				America or a sister state, shall state that payment has been made to the New
				Jersey Lawyers Fund for Client Protection. The affidavit shall state how he or
				she satisfies each of the conditions for admission, including good cause, set
				forth in R. 1:21-2(a). He or she shall also agree in the affidavit to comply
				with the dictates of R. 1:21-2(b).
3. An annual payment made to the Client's
				Security Fund and Ethics Financial Committee shall entitle the attorney to
				appear in subsequent matters during the payment year, provided the attorney
				otherwise qualifies for admission.
4. An order granting admission shall set
				forth the limitations upon admission established in R. 1:21-2(b).
5. A judge may, at any time during the
				proceeding and for good cause shown, revoke permission for the attorney to
				appear.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - REPRESENTATION › Section 1:1-5.3 - Conduct of lawyers

Current through Register Vol. 56, No. 14, July 15, 2024
In any case where the issue of an attorney's ethical or
				  professional conduct is raised, the judge before whom the issue has been
				  presented shall consider the merits of the issue raised and make a ruling as to
				  whether the attorney may appear or continue representation in the matter. The
				  judge may disqualify an attorney from participating in a particular case when
				  disqualification is required by the Rules of Professional Conduct or the New
				  Jersey Conflict of Interest Law. If disciplinary action against the attorney is
				  indicated, the matter shall be referred to the appropriate disciplinary
				  body.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - REPRESENTATION › Section 1:1-5.4 - Representation by non-lawyers; authorized situations, applications, approval procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				conformity with New Jersey Court Rule R. 1:21-1(f), the following non-lawyers
				may apply for permission to represent a party at a contested case hearing:
1. Persons whose appearance is required by
				Federal law;
2. State agency
				employees;
3. County or municipal
				welfare agency employees;
4. Legal
				service paralegals or assistants;
5. Close corporation principals;
6. Union representatives in Civil Service and
				Public Employment Relations Commission cases;
7. Individuals representing parents or
				children in special education proceedings;
8. County or local government employees in
				Civil Service cases; and
9.
				Individuals representing claimants or employers before the Appeal Tribunal or
				Board of Review of the Department of Labor and Workforce Development.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - REPRESENTATION › Section 1:1-5.5 - Conduct of non-lawyer representatives; limitations on practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				presiding judge, unless precluded by Federal law, may determine at any time
				during the proceeding that a specific case is not appropriate for
				representation by a non-lawyer representative. The judge's determination may be
				based either on the lack of appropriate experience or expertise of the
				particular non-lawyer representative, or the complexity of the legal issues or
				other factors which make the particular case inappropriate for a non-lawyer
				representative. The judge shall implement a determination to preclude
				non-lawyer representation by informing the parties of the decision and the
				reasons therefor. With respect to a county, local or State agency or a close
				corporation, the judge may require the party to obtain legal representation.
				With respect to an individual, the judge may require the individual either to
				obtain a new non-lawyer, to represent himself or herself or to obtain legal
				representation.
(b) The presiding
				judge may revoke any non-lawyer's right to appear in a case if and when the
				judge determines that a material statement is incorrect in any Notice of
				Appearance/Application or in any oral application by a non-lawyer.
(c) Non-lawyer representatives shall be
				subject to the Uniform Administrative Procedure Rules, including the sanctions
				provided in
				1:1-14.1 4 and 14.15. If the judge
				determines that an incorrect statement in an oral application or Notice of
				Appearance/Application was an intentional misstatement, or that the non-lawyer
				representative has unreasonably failed to comply with any order of a judge or
				with any requirement of this chapter, the judge may impose the sanctions
				provided under
				1:1-14.1 4 and 14.15, which may
				include:
1. In the case of a State, county or
				local agency employee, reporting any inappropriate behavior to the agency for
				possible disciplinary action;
2. A
				determination by the presiding judge that the non-lawyer representative shall
				be excluded from a particular hearing; and,
3. A recommendation by the presiding judge to
				the agency head that a particular non-lawyer representative be permanently
				excluded from administrative hearings before that agency.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 5 - REPRESENTATION › Section 1:1-5.6 - Appearance without representation: State agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In those
				cases where a State agency does not send a representative who has been approved
				under 1:1-5.4 to a hearing, but merely
				rests its case on papers presented to the judge:
1. The agency shall include in the
				transmittal form a statement which verifies the agency's intention to proceed
				without a representative qualified under
				1:1-5.4 and lists the papers upon
				which the agency intends to rely.
2. The judge shall, where appropriate, accept
				into the hearing record the agency's papers.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 6 - PLEADINGS › Section 1:1-6.1 - Pleading requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Specific
				pleading requirements are governed by the agency with subject matter
				jurisdiction over the case. Except as otherwise provided by this subchapter,
				parties in contested cases should refer to the rules of the appropriate agency
				for guidance.
(b) Pleadings shall
				be filed as required by the rules of the agency with subject matter
				jurisdiction over the case.
(c)
				Pleadings shall be served in the manner permitted by
				1:1-7.1(a)  on all
				parties and on any other person required by the rules of the agency with
				subject matter jurisdiction over the case.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 6 - PLEADINGS › Section 1:1-6.2 - Amendment of pleadings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				precluded by law or constitutional principle, pleadings may be freely amended
				when, in the judge's discretion, an amendment would be in the interest of
				efficiency, expediency and the avoidance of over-technical pleading
				requirements and would not create undue prejudice.
(b) A judge in granting pleading amendments
				may permit a brief continuance to allow an opposing party additional
				preparation time.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 6 - PLEADINGS › Section 1:1-6.3 - Public officers; death or separation from office

Current through Register Vol. 56, No. 14, July 15, 2024
When any public officer who is a party to a contested case,
				  whether or not mentioned by name in the pleadings, dies, resigns or for any
				  reason ceases to hold office, his or her successor in office shall be deemed to
				  have been substituted in his or her place. However, on motion, the judge may
				  otherwise order or may specifically order the retention as a party of the
				  predecessor in office.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 7 - SERVICE AND FILING OF PAPERS; FORMAT › Section 1:1-7.1 - Service; when required; manner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Service
				shall be made in person; by certified mail, return receipt requested; by
				ordinary mail; or in any manner which is designed to provide actual notice to
				the party or person being served.
(b) Any paper filed shall be served in the
				manner provided by (a) above upon all attorneys or other representatives and
				upon all parties appearing pro se, either before filing or promptly thereafter
				unless otherwise provided by order.
(c) Service by mail shall be complete upon
				mailing.
(d) The standards of
				personal service contained in R. 4:4-4 of the New Jersey Court Rules shall
				apply to contested cases when personal service is required and this section is
				inapplicable.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 7 - SERVICE AND FILING OF PAPERS; FORMAT › Section 1:1-7.2 - Proof of publication and service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever
				these rules or the applicable rules of any agency provide for publication,
				mailing or posting of public notices in contested cases, proofs thereof shall
				be filed within 20 days after the publication, mailing or posting.
(b) Except for service by publication or as
				otherwise required by this chapter or by State or Federal statute, proof of
				service shall not be necessary unless a question of notice arises.
(c) Where necessary to prove service, proof
				may be made by an acknowledgment of service signed by the attorney, any other
				representative or party, or by an affidavit of the person making service, or by
				a certificate of service appended to the paper to be filed and signed by the
				attorney or other representative for the party making service. Where
				appropriate, other competent proof that actual and timely notice existed of the
				contents of the paper may be considered as a substitute for service.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 7 - SERVICE AND FILING OF PAPERS; FORMAT › Section 1:1-7.3 - Filing; copies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A paper
				shall be filed with the Clerk if the matter has not been assigned to a judge,
				or, if a judge has been assigned, with the judge assigned to the
				case.
(b) The Clerk or the judge,
				upon receiving papers for filing that do not conform to the requirements of
				these rules, may either return the papers with instructions for refiling or
				cure the defects and accept the papers for filing.
(c) The filer shall submit the original of
				all papers with the Office of Administrative Law. If the filer submits an
				additional copy of the paper to be filed with a self-addressed, stamped
				envelope, the Clerk or judge will return the paper to the filer marked with the
				date of filing. No additional copies of any paper shall be filed.
(d) Evidence of filing shall be a notation
				showing the date of filing. When a paper is filed with a judge, the notation
				shall also identify the judge. A copy of such papers shall be forwarded by the
				filing party to the Clerk immediately.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 7 - SERVICE AND FILING OF PAPERS; FORMAT › Section 1:1-7.4 - Format of papers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every paper
				filed shall contain:
1. The Office of
				Administrative Law docket number of the proceeding or, if the case has not been
				transmitted, the agency docket number;
2. The name, address and telephone number of
				the person who prepared the paper; and
3. A caption setting forth the title of the
				proceeding and a brief designation describing the paper filed.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 7 - SERVICE AND FILING OF PAPERS; FORMAT › Section 1:1-7.5 - Filing by facsimile transmission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A paper may
				be filed by facsimile transmission unless prohibited by the judge.
(b) Facsimile transmissions must comply with
				all requirements of this subchapter except
				1:1-7.3(c)  and
				1:1-7.4(b).
(c) The party filing a document by facsimile
				transmission must include a certification indicating the method of service upon
				each party and stating that the original document is available for filing if
				requested by court or a party.
(d)
				Facsimile transmittals are filed as of the date of receipt by the Clerk or the
				judge, provided that the complete transmittal is received by 5:00 P.M.
				Facsimile transmittals received after 5:00 P.M. shall be deemed to be filed as
				of the next business day.
(e) A
				party requesting a facsimile transmittal from the Clerk or the judge shall be
				assessed a charge at the rate provided in the Open Public Records Act,
				47:1A-1 et seq.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 8 - FILING AND TRANSMISSION OF CONTESTED CASES IN THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-8.1 - Agency filing with the Office of Administrative Law; settlement efforts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the
				parties have complied with all pleading requirements, the agency shall within
				30 days either file the case with the Clerk of the Office of Administrative Law
				in the manner provided by
				1:1-8.2 or retain it under the
				provisions of
				52:14F-8 and notify all parties of
				the decision to retain.
(b) During
				the 30-day period in (a) above, an agency may attempt settlement in accordance
				with 1:1-4.2. At the conclusion of the
				30-day period, unless all parties agree to continue the settlement efforts, the
				matter shall be either filed with the Office of Administrative Law or further
				retained under the provisions of
				52:14F-8. After the 30th day of an
				agency's settlement efforts, any party may request that the agency transmit the
				matter to the Office of Administrative Law, provided that the agency does not
				intend to retain the case under
				52:14F-8.
(c) An agency may file a contested case with
				the Office of Administrative Law immediately if the agency determines that
				settlement efforts would be inappropriate or unproductive.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 8 - FILING AND TRANSMISSION OF CONTESTED CASES IN THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-8.3 - Receipt by Office of Administrative Law of transmitted contested case; filing; return of improperly transmitted cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				receipt of a properly transmitted contested case the Clerk shall mark the case
				as having been received and filed as of a particular date and time. Upon
				filing, the Clerk shall assign an Office of Administrative Law docket number to
				the contested case.
(b) The Clerk
				upon receiving a contested case that has not been transmitted in accordance
				with this subchapter may either return the case with instructions to the agency
				for retransmission or cure the transmission defects and accept the matter for
				filing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 9 - SCHEDULING; CLERK'S NOTICES; ADJOURNMENTS; INACTIVE LIST › Section 1:1-9.1 - Scheduling of proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				contested case is filed, it may be scheduled for mediation, settlement
				conference, prehearing conference, proceeding on the papers, telephone hearing,
				plenary hearing or other proceeding.
(b) To schedule a proceeding, the Clerk or
				the judge's secretary may contact the parties to arrange a convenient date,
				time and place or may prepare and serve notice without first contacting the
				parties. Proceedings shall be scheduled for suitable locations, taking into
				consideration the convenience of the witnesses and the parties, as well as the
				nature of the case and proceedings.
(c) The Clerk may schedule a settlement
				conference whenever such a proceeding may be appropriate and
				productive.
(d) A prehearing
				conference may be scheduled in any case whenever necessary to foster an
				efficient and expeditious proceeding.
(e) A proceeding on the papers may be
				scheduled in accordance with
1:1-14.8
in any class of
				suitable cases which the Director of the Office of Administrative Law and the
				transmitting agency agree could be lawfully decided on the papers.
(f) A telephone hearing may be scheduled for
				any case when the judge so directs, subject to the requirements of
				1:1-15.8(e).
(g) The Director may, on a temporary basis
				and when required by exigent circumstances, schedule hearings notwithstanding
				deadlines otherwise set forth in statute.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 9 - SCHEDULING; CLERK'S NOTICES; ADJOURNMENTS; INACTIVE LIST › Section 1:1-9.2 - Cases commenced by order to show cause

Current through Register Vol. 56, No. 14, July 15, 2024
When an agency head commences an action by order to show
				  cause, the agency head may, prior to service and filing of the order to show
				  cause, contact the Clerk, who will assign a judge and establish the time, place
				  and date for a hearing on the matter. The agency shall insert in the pleading
				  the information provided by the Clerk and promptly serve and file it in
				  accordance with N.J.A.C. 1:1-7.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 9 - SCHEDULING; CLERK'S NOTICES; ADJOURNMENTS; INACTIVE LIST › Section 1:1-9.3 - Priority scheduling

Current through Register Vol. 56, No. 14, July 15, 2024
Priority in scheduling shall be given where requirements of
				  law impose expedited time frames for disposition of a case. In all other cases,
				  the transmitting agency or any party may make special scheduling requests to
				  the Clerk.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 9 - SCHEDULING; CLERK'S NOTICES; ADJOURNMENTS; INACTIVE LIST › Section 1:1-9.5 - Notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				acceptance of a contested case for filing, the Office of Administrative Law
				shall notify the transmitting agency and all parties of the case's filing date
				and the Office of Administrative Law docket number. This notice shall include a
				description of the nature of the proceeding, a reference to the controlling
				hearing procedures, including discovery, and a reference to the right of
				persons to represent themselves or to be represented by any attorney or a
				qualified non-lawyer in certain situations. The Office of Administrative Law
				may also include in this notice any information deemed instructive or helpful
				to the parties and may combine this notice with any other notice, including the
				notice of hearing.
(b) The Office
				of Administrative Law shall provide all parties with timely notice of any
				mediation, settlement conference, prehearing conference, proceeding on the
				papers, telephone hearing, plenary hearing or other proceeding, except that in
				emergency relief proceedings pursuant to
				1:1-12.6 the Office of
				Administrative Law may require the moving party to provide appropriate notice.
				Each notice shall apprise the parties of the presiding judge and the date, time
				and place of the proceeding. The Office of Administrative Law may also include
				in any proceeding notice any information deemed instructive or helpful to the
				parties.
(c) Notice shall be by
				regular mail, except that when emergent needs so require and the law permits,
				notice of proceedings may be by telephone or any other method reasonably
				certain to provide actual notice to the parties.
(d) All notices shall be written in plain
				language. See generally,
				56:12-1 et seq.
(e) Each notice shall prominently display a
				telephone number where parties can obtain further assistance.
(f) All parties shall receive subsequent
				notices of all proceedings in any contested case. Subsequent notices shall
				apprise the parties of the date, time, place and nature of a proceeding and may
				be either written or effected by a statement made on the record.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 9 - SCHEDULING; CLERK'S NOTICES; ADJOURNMENTS; INACTIVE LIST › Section 1:1-9.6 - Adjournments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the
				following matters, applications for adjournments shall be made to the Clerk
				until such time as a party has appeared before the judge in person, by
				telephone or in writing for a motion, prehearing or hearing; thereafter,
				applications for adjournments shall be made to the judge:
1. Hearings in Human Services (except Medical
				Assistance provider and rate); Motor Vehicle; Consumer Affairs Lemon Law
				cases;
2. Settlement conferences in
				Alcoholic Beverage Control, Department of Personnel civil service and Community
				Affairs cases.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 9 - SCHEDULING; CLERK'S NOTICES; ADJOURNMENTS; INACTIVE LIST › Section 1:1-9.7 - Inactive list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a
				party to a pending case demonstrates good cause, that party or his or her
				representative may move to place the case on the inactive list. A judge, as a
				condition to placing a matter on the inactive list, shall consider the public
				interest in the matter and may impose conditions appropriate to the case.
1. Upon affidavit or other adequate proof,
				the judge may determine to place the case on the inactive list for as brief a
				period as possible not to exceed six months.
2. The Clerk shall maintain the inactive list
				and shall return the case to an active status after the specified period has
				expired unless, upon motion and further proof, the judge determines that the
				party is still with just excuse unable to proceed.
3. A judge may order a case to continue on
				the inactive list for successive brief periods, each not to exceed six
				months.
4. All parties and the
				agency shall be notified of any action taken under this section.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 10 - DISCOVERY › Section 1:1-10.1 - Purpose and function; policy considerations; public documents not discoverable

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose
				of discovery is to facilitate the disposition of cases by streamlining the
				hearing and enhancing the likelihood of settlement or withdrawal. These rules
				are designed to achieve this purpose by giving litigants access to facts which
				tend to support or undermine their position or that of their
				adversary.
(b) It is not ground for
				denial of a request for discovery that the information to be produced may be
				inadmissible in evidence if the information sought appears reasonably
				calculated to lead to the discovery of admissible evidence.
(c) In considering a discovery motion, the
				judge shall weigh the specific need for the information, the extent to which
				the information is within the control of the party and matters of expense,
				privilege, trade secret and oppressiveness. Except where so proceeding would be
				unduly prejudicial to the party seeking discovery, discovery shall be ordered
				on terms least burdensome to the party from whom discovery is sought.
(d) Discovery shall generally not be
				available against a State agency that is neither a party to the proceeding nor
				asserting a position in respect of the outcome but is solely providing the
				forum for the dispute's resolution.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 10 - DISCOVERY › Section 1:1-10.2 - Discovery by notice or motion; depositions; physical and mental examinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party
				may notify another party to provide discovery by one or more of the following
				methods:
1. Written
				interrogatories;
2. Production of
				documents or things, including electronically stored information provided that
				a party need not provide discovery of electronically stored information from
				sources that the party identifies as not reasonably accessible because of undue
				burden or cost. The party from whom discovery is sought shall demonstrate that
				the electronically stored information is not reasonably accessible because of
				undue burden or cost;
3. Permission
				to enter upon land or other property for inspection or other purposes;
				and
4. Requests for
				admissions.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 10 - DISCOVERY › Section 1:1-10.3 - Costs of discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The party
				seeking discovery shall pay for all reasonable expenses caused by the discovery
				request.
(b) Where a proponent of
				any notice or motion for discovery or a party taking a deposition is a State
				agency, and the party or person from whom such discovery or deposition is
				sought is entitled by law to recover in connection with such case the costs
				thereof from others, such State agency shall not be required to pay the cost of
				such discovery or deposition.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 10 - DISCOVERY › Section 1:1-10.4 - Time for discovery; relief from discovery; motions to compel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parties
				in any contested case shall commence immediately to exchange information
				voluntarily, to seek access as provided by law to public documents and to
				exhaust other informal means of obtaining discoverable material.
(b) Parties shall immediately serve discovery
				requests.
(c) No later than 15 days
				from receipt of a notice requesting discovery, the receiving party shall
				provide the requested information, material or access or offer a schedule for
				reasonable compliance with the notice; or, in the case of a notice requesting
				admissions, each matter therein shall be admitted unless within the 15 days the
				receiving party answers, admits or denies the request or objects to it pursuant
				to 1:1-10.4(d).
(d) A party who wishes to object to a
				discovery request or to compel discovery shall, prior to the filing of any
				motion regarding discovery, place a telephone conference call to the judge and
				to all other parties no later than 10 days of receipt of the discovery request
				or the response to a discovery request. If a party fails without good reason to
				place a timely telephone call, the judge may deny that party's objection or
				decline to compel the discovery.
(e) The parties shall complete all discovery
				no later than 10 days before the first scheduled evidentiary hearing or by such
				date ordered by the judge.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 10 - DISCOVERY › Section 1:1-10.5 - Sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
By motion of a party or on his or her own motion, a judge
				  may impose sanctions pursuant to
				  1:1-14.1 4 and 14.15 for failure to
				  comply with the requirements of this subchapter. Before imposing sanctions, the
				  judge shall provide an opportunity to be heard.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 11 - SUBPOENAS › Section 1:1-11.1 - Subpoenas for attendance of witnesses; production of documentary evidence; issuance; contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subpoenas
				may be issued by the Clerk, any judge, or by pro se parties, attorneys-at-law
				or non-lawyer representatives, in the name of the Clerk, to compel the
				attendance of a person to testify or to produce books, papers, documents,
				electronically stored information or other objects at a hearing, provided,
				however, that a subpoena to compel the attendance of the Governor, an agency
				head, Assistant Commissioner, Deputy Commissioner, or Division Director may be
				issued only by a judge. A subpoena for the Governor, an agency head, Assistant
				Commissioner, Deputy Commissioner, or Division Director shall be issued only if
				the requesting party makes a showing that the subpoenaed individual has
				firsthand knowledge of, or direct involvement in, the events giving rise to the
				contested case, or that the testimony is essential to prevent
				injustice.
(b) The subpoena shall
				contain the title and docket number of the case, the name of the person to whom
				it has been issued, the time and place at which the person subpoenaed must
				appear, the name and telephone number of the party who has requested the
				subpoena and a statement that all inquiries concerning the subpoena should be
				directed to the requesting party. The subpoena shall command the person to whom
				it is directed to attend and give testimony or to produce books, papers,
				documents or other designated objects at the time and place specified therein
				and on any continued dates.
(c)
				Subpoenas to compel the attendance of a person to testify at a deposition may
				be issued by a judge pursuant to
				1:1-10.2(c).
(d) A subpoena which requires production of
				books, papers, documents or other objects designated therein shall not be used
				as a discovery device in place of discovery procedures otherwise available
				under this chapter, nor as a means of avoiding discovery deadlines established
				by this chapter or by the judge in a particular case.
(e) Subpoena forms shall be available free of
				charge from the Office of Administrative Law. Subpoena forms may be obtained
				from the Clerk of the Office of Administrative Law or on the State of New
				Jersey Office of Administrative Law website
http://www.state.nj.us/oal/
.
(f) Upon request by a party, subpoena issued
				by the Clerk or by a judge may be forwarded to that party by facsimile
				transmission. Facsimile transmitted subpoenas shall be served in the same
				manner and shall have the same force and effect as any other subpoena pursuant
				to this subchapter. A party requesting a facsimile transmittal shall be charged
				for such transmittal pursuant to
				1:1-7.5(e).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 11 - SUBPOENAS › Section 1:1-11.2 - Service; fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A subpoena
				shall be served by the requesting party by delivering a copy either in person
				or by certified mail return receipt requested to the person named in the
				subpoena, together with the appropriate fee, at a reasonable time in advance of
				the hearing.
(b) Witnesses required
				to attend shall be entitled to payment by the requesting party at a rate of $
				2.00 per day of attendance if the witness is a resident of the county in which
				the hearing is held and an additional allowance of $ 2.00 for every 30 miles of
				travel in going to the place of hearing from his or her residence and in
				returning if the witness is not a resident of the county in which the hearing
				is held.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 11 - SUBPOENAS › Section 1:1-11.3 - Motions to quash

Current through Register Vol. 56, No. 14, July 15, 2024
The judge on motion may quash or modify any subpoena for
				  good cause shown. If compliance with a subpoena for the production of
				  documentary evidence would be unreasonable or oppressive, the judge may
				  condition denial of the motion upon the advancement by the requesting party of
				  the reasonable cost of producing the objects subpoenaed. The judge may direct
				  that the objects designated in the subpoena be produced before the judge at a
				  time prior to the hearing or prior to the time when they are to be offered in
				  evidence and may upon their production permit them or portions of them to be
				  inspected by the parties and their attorneys.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 11 - SUBPOENAS › Section 1:1-11.4 - Failure to obey subpoena

Current through Register Vol. 56, No. 14, July 15, 2024
A party who refuses to obey a subpoena may be subject to
				  sanctions under
				  1:1-14.4 or may suffer an inference
				  that the documentary or physical evidence or testimony that the party fails to
				  produce is unfavorable.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 11 - SUBPOENAS › Section 1:1-11.5 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
A party who has requested issuance of a subpoena may seek
				  enforcement of the subpoena by bringing an action in the Superior Court
				  pursuant to the New Jersey Court Rules.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 12 - MOTIONS › Section 1:1-12.1 - When and how made; generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a
				party seeks an order of a judge, the party shall apply by motion.
1. A party shall make each motion in writing,
				unless it is made orally during a hearing or unless the judge otherwise permits
				it to be made orally.
2. No
				technical forms of motion are required. In a motion, a party shall state the
				grounds upon which the motion is made and the relief or order being
				sought.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 12 - MOTIONS › Section 1:1-12.2 - Motions in writing; time limits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proof of
				service shall be filed with all moving and responsive papers.
(b) With the exception of emergency relief
				applications made pursuant to
				1:1-12.6, summary decision motions
				made pursuant to
				1:1-12.5, and when a motion is
				expedited pursuant to (f) below, the opposing parties shall file and serve
				responsive papers no later than 10 days after receiving the moving
				papers.
(c) The moving party may
				file and serve further papers responding to any matter raised by the opposing
				party and shall do so no later than five days after receiving the responsive
				papers.
(d) All motions in writing
				shall be decided on the papers unless oral argument is directed by the
				judge.
(e) With the exception of
				motions for summary decision under
				1:1-12.5, motions concerning
				predominant interest in consolidated cases under
				1:1-17.6, and motions for emergency
				relief pursuant to
				1:1-12.6, all motions shall be
				decided within 30 days of service of the last permitted response.
(f) A party may request an expedited schedule
				for disposition of a motion by arranging a telephone conference between the
				judge and all parties. If the judge agrees to expedite, he or she must
				establish a schedule for responsive papers, submission and decision.