reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 12 - MOTIONS › Section 1:1-12.3 - Procedure when oral argument is directed

Current through Register Vol. 56, No. 14, July 15, 2024
All motions for which oral argument has been directed shall
				  be heard by telephone conference unless otherwise directed by the judge. All
				  arguments on motions shall be sound recorded.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 12 - MOTIONS › Section 1:1-12.4 - Affidavits; briefs and supporting statements; evidence on motions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Motions and
				answering papers shall be accompanied by all necessary supporting affidavits
				and briefs or supporting statements. All motions and answering papers shall be
				supported by affidavits for facts relied upon which are not of record or which
				are not the subject of official notice. Such affidavits shall set forth only
				facts which are admissible in evidence under N.J.A.C. 1:1-15, and to which
				affiants are competent to testify. Properly verified copies of all papers or
				parts of papers referred to in such affidavits may be annexed
				thereto.
(b) In the discretion of
				the judge, a party or parties may be required to submit briefs or supporting
				statements pursuant to the schedule established in
				1:1-12.2 or as ordered by the
				judge.
(c) The judge may hear the
				matter wholly or partly on affidavits or on depositions, and may direct any
				affiant to submit to cross-examination and may permit supplemental or
				clarifying testimony.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 12 - MOTIONS › Section 1:1-12.6 - Emergency relief

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where
				authorized by law and where irreparable harm will result without an expedited
				decision granting or prohibiting some action or relief connected with a
				contested case, emergency relief pending a final decision on the whole
				contested case may be ordered upon the application of a party.
(b) Applications for emergency relief shall
				be made directly to the agency head and may not be made to the Office of
				Administrative Law.
(c) An agency
				head receiving an application for emergency relief may either hear the
				application or forward the matter to the Office of Administrative Law for
				hearing on the application for emergency relief. When forwarded to the Office
				of Administrative Law, the application shall proceed in accordance with (i)
				through (k) below. All applications for emergency relief shall be heard on an
				expedited basis.
(d) The moving
				party must serve notice of the request for emergency relief on all parties.
				Proof of service will be required if the adequacy of notice is challenged.
				Opposing parties shall be given ample opportunity under the circumstances to
				respond to an application for emergency relief.
(e) Where circumstances require some
				immediate action by the agency head to preserve the subject matter of the
				application pending the expedited hearing, or where a party applies for
				emergency relief under circumstances which do not permit an opposing party to
				be fully heard, the agency head may issue an order granting temporary relief.
				Temporary relief may continue until the agency head issues a decision on the
				application for emergency relief.
(f) When temporary relief is granted by an
				agency head under circumstances which do not permit an opposing party to be
				fully heard, temporary relief shall:
1. Be
				based upon specific facts shown by affidavit or oral testimony, that the moving
				party has made an adequate, good faith effort to provide notice to the opposing
				party, or that notice would defeat the purpose of the application for
				relief;
2. Include a finding that
				immediate and irreparable harm will probably result before adequate notice can
				be given;
3. Be based on the
				likelihood that the moving party will prevail when the application is fully
				argued by all parties;
4. Be as
				limited in scope and temporary as is possible to allow the opposing party to be
				given notice and to be fully heard on the application; and
5. Contain a provision for serving and
				notifying all parties and for scheduling a hearing before the agency head or
				for transmitting the application to Office of Administrative Law.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 12 - MOTIONS › Section 1:1-12.7 - Disposition of motions

Current through Register Vol. 56, No. 14, July 15, 2024
Disposition of motions which completely conclude a case
				  shall be by initial decision. Disposition of all other motions shall be by
				  order.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 13 - PREHEARING CONFERENCES AND PROCEDURES › Section 1:1-13.1 - Prehearing conferences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				prehearing conference shall be scheduled in accordance with the criteria
				established in
				1:1-9.1(d).
(b) The prehearing notice shall advise the
				parties, their attorneys or other representatives that a prehearing conference
				will cover those matters listed in
				1:1-13.2 and that discovery should
				have already been commenced. At the time of the prehearing conference, the
				participants shall be prepared to discuss one or more alternate dates when the
				parties and witnesses will be available for the evidentiary hearing. The judge
				may advise the parties that other special matters will be discussed at the
				prehearing conference.
(c) In
				exceptional circumstances, the judge may, upon no less than 10 days' notice,
				require the parties to file with the judge and serve upon all other parties no
				later than three days before the scheduled prehearing conference, prehearing
				memoranda stating their respective positions on any or all of the matters
				specified in
				1:1-13.2 set forth in the same
				sequence and with corresponding numbers or on other special matters
				specifically designated.
(d) A
				prehearing conference shall be held by telephone conference call unless the
				judge otherwise directs.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 13 - PREHEARING CONFERENCES AND PROCEDURES › Section 1:1-13.2 - Prehearing order; amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10
				days after the conclusion of the prehearing conference, the judge shall enter a
				written order addressing the appropriate items listed in (a)1 through 14 below
				and shall cause the same to be served upon all parties.
1. The nature of the proceeding and the issue
				or issues to be resolved including special evidence problems;
2. The parties and their status, for example,
				petitioner, complainant, appellant, respondent, intervenor, etc., and their
				attorneys or other representatives of record. In the event that a particular
				member or associate of a firm is to try a case, or if outside trial counsel is
				to try the case, the name must be specifically set forth at the prehearing. No
				change in such designated trial counsel shall be made without leave of the
				judge if such change will interfere with the date for hearing. If the name of a
				specific trial counsel is not set forth, the judge and opposing parties shall
				have the right to expect any partner or associate to proceed with the trial on
				the date of hearing;
3. Any special
				legal requirements as to notice of hearing;
4. The schedule of hearing dates and the time
				and place of hearing;
5.
				Stipulations as to facts and issues;
6. Any partial settlement agreements and
				their terms and conditions;
7. Any
				amendments to the pleadings contemplated or granted;
8. Discovery matters remaining to be
				completed and the date when discovery shall be completed for each mode of
				discovery to be utilized;
9. Order
				of proofs;
10. A list of exhibits
				marked for identification;
11. A
				list of exhibits marked in evidence by consent;
12. Estimated number of fact and expert
				witnesses;
13. Any motions
				contemplated, pending and granted;
14. Other special matters determined at the
				conference.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.1 - Public hearings; records as public; sealing a record; media coverage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				evidentiary hearings, proceedings on motions and other applications shall be
				conducted as public hearings unless otherwise provided by statute, rule or
				regulation, or on order of a judge for good cause shown. Prehearing conferences
				and informal discussions immediately preceding the hearing or during the
				hearing to facilitate the orderly and expeditious conduct of the case may, at
				the judge's discretion, be conducted in public or in closed session and may or
				may not be recorded. Mediations and settlement conferences shall be held in
				closed session but may be recorded. All other proceedings in the presence of a
				judge shall be recorded verbatim either by a stenographic reporter or by sound
				recording devices. All discussions off the record, no matter how brief, except
				settlement discussions and mediations, shall be summarized generally for the
				record. The record of all hearings shall be open to public inspection, but the
				judge may, for good cause shown, order the sealing of the record or any part
				thereof.
(b) In considering whether
				to close a hearing and/or seal a record, the judge shall consider the
				requirements of due process of law, other constitutional and statutory
				standards and matters of public policy. The judge shall consider the need to
				protect against unwarranted disclosure of sensitive financial information or
				trade secrets, to protect parties or witnesses from undue embarrassment or
				deprivations of privacy, or to promote or protect other equally important
				rights or interests.
(c) When
				sealing a record, the judge must specify the consequences of such an order to
				all material in the case file including any evidence, the stenographic notes or
				audiotapes and the initial decision. The treatment of testimony or exhibits
				shall be on such terms as are appropriate to balance public and private rights
				or interests and to preserve the record for purposes of review. The judge shall
				also indicate what safeguards shall be imposed upon the preparation and
				disclosure of any transcript of the proceedings.
(d) All public hearings may be filmed,
				photographed and recorded, subject to reasonable restrictions established by
				the judge to avoid disruption of the hearing process. The number of cameras and
				lights in the hearing room at any one time may be limited. Technical crews and
				equipment may be prohibited from moving except during recesses and after the
				proceedings are concluded for the day. To protect the attorney/client privilege
				and the effective right to counsel, there shall be no recording of conferences
				between attorneys and their clients or between counsel and the judge at the
				bench.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.2 - Expedition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hearings
				and other proceedings shall proceed with all reasonable expedition and, to the
				greatest extent possible, shall be held at one place and shall continue, except
				for brief intervals of the sort normally involved in judicial proceedings,
				without suspension until concluded.
(b) The parties shall promptly advise the
				Clerk and the judge of any event which will probably delay the conduct of the
				case.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.3 - Interpreters; payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (d) below, any party at his or her own cost may obtain an
				interpreter if the judge determines that interpretation is necessary.
(b) Taking into consideration the complexity
				of the issues and communications involved, the judge may require that an
				interpreter be taken from an official registry of interpreters or otherwise be
				assured that the proposed interpreter can adequately aid and enable the witness
				in conveying information to the judge.
(c) The judge may accept as an interpreter a
				friend or relative of a party or witness, any employee of a State or local
				agency, or other person who can provide acceptable interpreter
				assistance.
(d) In cases requiring
				the appointment of a qualified interpreter for a hearing impaired person
				pursuant to
				34:1-69.7 et seq., the
				administrative law judge shall appoint an interpreter from the official
				registry of interpreters. The fee for the interpreter shall be paid by the
				transmitting agency.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.4 - Failure to appear; sanctions for failure to appear

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, after
				appropriate notice, neither a party nor a representative appears at any
				proceeding scheduled by the Clerk or judge, the judge shall hold the matter for
				one day before taking any action. If the judge does not receive an explanation
				for the nonappearance within one day, the judge shall, unless proceeding
				pursuant to (d) below, direct the Clerk to return the matter to the
				transmitting agency for appropriate disposition pursuant to
				1:1-3.3(b) and
				(c).
(b) If the nonappearing party submits an
				explanation in writing, a copy must be served on all other parties and the
				other parties shall be given an opportunity to respond.
(c) If the judge receives an explanation:
1. If the judge concludes that there was good
				cause for the failure to appear, the judge shall reschedule the matter for
				hearing; or
2. If the judge
				concludes that there was no good cause for the failure to appear, the judge may
				refuse to reschedule the matter and shall issue an initial decision explaining
				the basis for that conclusion, or may reschedule the matter and, at his or her
				discretion, order any of the following:
i. The
				payment by the delinquent representative or party of costs in such amount as
				the judge shall fix, to the State of New Jersey or the aggrieved
				person;
ii. The payment by the
				delinquent representative or party of reasonable expenses, including attorney's
				fees, to an aggrieved representative or party; or
iii. Such other case-related action as the
				judge deems appropriate.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.5 - Ex parte communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				specifically permitted by law or this chapter, a judge may not initiate or
				consider ex parte any evidence or communications concerning issues of fact or
				law in a pending or impending proceeding. Where ex parte communications are
				unavoidable, the judge shall advise all parties of the communications as soon
				as possible thereafter.
(b) The ex
				parte communications preclusion shall not encompass scheduling discussions or
				other practical administrative matters.
(c) Ex parte discussions relating to possible
				settlement may be conducted in the course of settlement conferences or
				mediations when all parties agree in advance.
(d) Where an agency or agency staff is a
				party to a contested case, the legal representative appearing and acting for
				the agency in the case may not engage in ex parte communications concerning
				that case with the transmitting agency head, except for purposes of conferring
				settlement authority on the representative or as necessary to keep the agency
				head as a client informed of the status of the case, provided that no
				information may be disclosed ex parte if it would compromise the agency head's
				ability to adjudicate the case impartially. In no event may the legal
				representative participate in making or preparing the final decision in the
				case.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.7 - Conduct of hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The judge
				shall commence hearings by stating the case title and the docket number, asking
				the representatives or parties present to state their names for the record and
				describing briefly the matter in dispute. The judge shall also, unless all
				parties are represented by counsel or otherwise familiar with the procedures,
				state the procedural rules for the hearing. The judge may also permit any
				stipulations, settlement agreements or consent orders entered into by any of
				the parties prior to the hearing to be entered into the record at this
				time.
(b) The party with the burden
				of proof may make an opening statement. All other parties may make statements
				in a sequence determined by the judge.
(c) After opening statements, the party with
				the burden of proof shall begin the presentation of evidence unless the judge
				has determined otherwise. The other parties may present their evidence in a
				sequence determined by the judge.
(d) Cross-examination of witnesses shall be
				conducted in a sequence and in a manner determined by the judge to expedite the
				hearing while ensuring a fair hearing.
(e) When all parties and witnesses have been
				heard, opportunity shall be offered to present oral final argument, in a
				sequence determined by the judge.
(f) Unless permitted or requested by the
				judge, there shall be no proposed findings of fact, conclusions of law, briefs,
				forms of order or other dispositions permitted after the final argument.
				Whenever possible, proposed findings or other submissions should be offered at
				the hearing in lieu of or in conjunction with the final argument.
1. When proposed findings or other
				submissions are permitted or requested by the judge, the parties shall conform
				to a schedule that may not exceed 30 days after the last day of testimony or
				the final argument or as otherwise directed by the judge.
2. When the judge permits proposed findings
				or other submissions to be prepared with the aid of a transcript, the
				transcript must be ordered immediately. The submission time frame shall
				commence upon receipt of the transcript.
3. Any proposed findings of fact submitted by
				a party shall not be considered unless they are based on facts proved in the
				hearing.
4. Any reference in briefs
				or other such submissions to initial and final decisions shall include
				sufficient information to enable the judge to locate the initial decision. This
				shall include either the Office of Administrative Law docket number, or a
				reference to New Jersey Administrative Reports or another published and indexed
				compilation or to the Rutgers Camden Law School website at
http://lawlibrary.rutgers.edu/oal
.
				A copy of any cited decision shall be supplied if it is not located in any
				published compilation or on the foregoing website.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.8 - Conduct of proceedings on the papers and telephone hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				transmittal of a case that may be conducted as a proceeding on the papers, the
				Clerk shall schedule a hearing and send a notice of hearing on the papers to
				the parties. The notice shall permit the party requesting the hearing to select
				a telephone hearing or a proceeding on the papers in lieu of the scheduled
				in-person hearing. Along with the notice, the Clerk shall transmit a
				certification to be completed if the party requesting the hearing chooses to
				have a proceeding on the papers.
(b) A completed certification must be
				returned to the Clerk and served on the other party no later than 10 days
				before the scheduled hearing date. Statements, records and other documents
				which supplement the certification may also be submitted. Upon request and for
				good cause shown, the Clerk may grant additional time for submission of
				supplemental documents.
(c) Upon
				timely receipt of a completed certification, the Clerk will assign the record
				for review and determination by a judge. The record consists of the
				certification and supplemental documents, as well as documents transmitted with
				the file by the transmitting agency. In a proceeding on the papers, the record
				is closed when the Clerk assigns the record to a judge.
(d) If the party requesting the hearing does
				not appear at the scheduled in-person or telephone hearing and no certificate
				is timely received, the matter shall be handled as a failure to appear pursuant
				to 1:1-14.4.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.9 - Orders; preparation of orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				resolution which does not completely conclude the case shall be by order.
				Orders may be rendered in writing or orally on the record by the
				judge.
(b) Unless such review is
				precluded by law, all judges' orders are reviewable by an agency head in
				accordance with
				1:1-14.1 0 or when rendering a
				final decision under
				1:1-18.6.
(c) Orders may be prepared by a party at the
				direction of a judge. When prepared by a party, the order shall be filed with
				the judge and served on all parties who may within five days after service
				object to the form of the order by writing to the judge with a copy to all
				parties. Upon objection to the form of the order, the judge, without oral
				argument or any further proceedings, may settle the form of the order either by
				preparing a new order or by modifying the proposed order. After signing the
				order, the judge shall cause the order to be served upon the parties.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.11 - Ordering a transcript; cost; certification to court; copying

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided by (c) below, a transcript of any proceeding may be obtained by
				requesting the official court reporter or official transcription firm to
				prepare a transcript. The requesting party shall notify all other parties and
				the Clerk of the request. Unless the requesting party is the State or a
				political subdivision thereof, the request shall be accompanied by a reasonable
				security deposit not to exceed either the estimated cost of the transcript as
				determined by the preparer or $ 300.00 for each day or fraction thereof of the
				proceeding, the deposit to be made payable to the preparer. The reporter shall
				promptly prepare the transcript and shall file a copy with the Clerk at the
				time the original is delivered to the requesting party. The preparer shall bill
				the requesting party for any amount due for the preparation of the transcript
				and the copy or shall reimburse the requesting party for any
				overpayment.
(b) An unofficial copy
				of a sound recorded proceeding may be obtained by making a request to the Clerk
				accompanied by a blank standard cassette of appropriate length.
(c) When the preparation of a transcript is
				being requested for an appeal to court, whether the proceeding was sound or
				stenographically recorded, the request shall be made as follows:
1. For cases heard by an Administrative Law
				Judge, the request shall be made to the Clerk of the Office of Administrative
				Law;
2. For cases heard by an
				agency head, the request shall be made to the Clerk of that agency.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.12 - Disqualification of judges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A judge
				shall, on his or her own motion, withdraw from participation in any proceeding
				if the judge:
1. Is by blood or marriage the
				second cousin of or is more closely related to any party to the
				proceeding;
2. Is by blood or
				marriage the first cousin of or is more closely related to any attorney in the
				case. This proscription shall extend to partners, employers, employees, or
				office associates of any such attorney;
3. Has been attorney of record or counsel in
				the action;
4. Has given an opinion
				upon a matter in question in the action;
5. Is interested in the event of the
				action;
6. Has discussed or
				negotiated his or her post-retirement employment with any party, attorney, or
				law firm involved in the matter; or
7. When there is any other reason which might
				preclude a fair and unbiased hearing and decision, or which might reasonably
				lead the parties or their representatives to believe so.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.13 - Proceedings in the event of death, disability, departure from State employment, disqualification or other incapacity of judge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, by
				reason of death, disability, departure from State employment, disqualification
				or other incapacity, a judge is unable to continue presiding over a pending
				hearing or issue an initial decision after the conclusion of the hearing, a
				conference will be scheduled to determine if the parties can settle the matter
				or, if not, can reach agreement upon as many matters as possible.
(b) In the event settlement is not reached,
				another judge shall be assigned to complete the hearing or issue the initial
				decision as if he or she had presided over the hearing from its commencement,
				provided:
1. The judge is able to familiarize
				himself or herself with the proceedings and all testimony taken by reviewing
				the transcript, exhibits marked in evidence and any other materials which are
				contained in the record; and
2. The
				judge determines that the hearing can be completed with or without recalling
				witnesses without prejudice to the parties.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.14 - Sanctions; failure to comply with orders or requirements of this chapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				unreasonable failure to comply with any order of a judge or with any
				requirements of this chapter, the judge may:
1. Dismiss or grant the motion or
				application;
2. Suppress a defense
				or claim;
3. Exclude
				evidence;
4. Order costs or
				reasonable expenses, including attorney's fees, to be paid to the State of New
				Jersey or an aggrieved representative or party; or
5. Take other appropriate case-related
				action.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.15 - Conduct obstructing or tending to obstruct the conduct of a contested case

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If any
				party, attorney, or other representative of a party, engages in any misconduct
				which, in the opinion of the judge, obstructs or tends to obstruct the conduct
				of a contested case, the party, attorney, or other representative may be fined
				in an amount which shall not exceed $ 1,000 for each instance.
(b) Where the conduct deemed to obstruct or
				tending to obstruct the conduct of a contested case occurs under circumstances
				which the judge personally observes and which he or she determines unmistakably
				demonstrates willfulness and requires immediate adjudication to permit the
				proceedings to continue in an orderly and proper manner:
1. The judge shall inform the party, attorney
				or other representative of the nature of the actions deemed obstructive and
				shall afford the party, attorney or other representative an immediate
				opportunity to explain the conduct; and
2. Where the judge determines, after
				providing the party, attorney or other representative, an opportunity to
				explain, that the conduct does constitute misconduct and that the conduct
				unmistakably demonstrates willfulness, the judge shall issue an order imposing
				sanctions.
i. The order imposing sanctions
				shall recite the facts and contain a certification by the judge that he or she
				personally observed the conduct in question and explain the conclusion that the
				party, attorney or other representative engaged in misconduct.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.1 - General rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only
				evidence which is admitted by the judge and included in the record shall be
				considered.
(b) Evidence rulings
				shall be made to promote fundamental principles of fairness and justice and to
				aid in the ascertainment of truth.
(c) Parties in contested cases shall not be
				bound by statutory or common law rules of evidence or any formally adopted in
				the New Jersey Rules of Evidence except as specifically provided in these
				rules. All relevant evidence is admissible except as otherwise provided herein.
				A judge may, in his or her discretion, exclude any evidence if its probative
				value is substantially outweighed by the risk that its admission will either:
1. Necessitate undue consumption of time;
				or
2. Create substantial danger of
				undue prejudice or confusion.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.2 - Official notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Official
				notice may be taken of judicially noticeable facts as explained in N.J.R.E. 201
				of the New Jersey Rules of Evidence.
(b) Official notice may be taken of generally
				recognized technical or scientific facts within the specialized knowledge of
				the agency or the judge.
(c)
				Parties must be notified of any material of which the judge intends to take
				official notice, including preliminary reports, staff memoranda or other
				noticeable data. The judge shall disclose the basis for taking official notice
				and give the parties a reasonable opportunity to contest the material so
				noticed.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.3 - Presumptions

Current through Register Vol. 56, No. 14, July 15, 2024
No evidence offered to rebut a presumption may be excluded
				  except pursuant to the judge's discretion under
				  1:1-15.1(c)  or a
				  valid claim of privilege.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.4 - Privileges

Current through Register Vol. 56, No. 14, July 15, 2024
The rules of privilege recognized by law or contained in the
				  following New Jersey Rules of Evidence shall apply in contested cases to the
				  extent permitted by the context and similarity of circumstances: N.J.R.E. 502
				  (Definition of Incrimination); N.J.R.E. 503 (Self-incrimination); N.J.R.E. 504
				  (Lawyer-Client Privilege);
				  45:14B-28 (Psychologist's
				  Privilege); N.J.S.A. 2A:84-22.1 et seq. (Patient and Physician Privilege);
				  2A:84A-22.8 and
				  2A:84A-22.9 (Information and Data
				  of Utilization Review Committees of Hospitals and Extended Care Facilities);
				  2A:84A-22.1 3 et seq. (Victim
				  Counselor Privilege); N.J.R.E. 508 (Newsperson's Privilege); N.J.R.E. 509
				  (Marital Privilege-Confidential Communications);
				  45:8B-29 (Marriage Counselor
				  Privilege); N.J.R.E. 511 (Cleric-Penitent Privilege); N.J.R.E. 512 and 610
				  (Religious Belief); N.J.R.E. 513 (Political Vote); N.J.R.E. 514 (Trade Secret);
				  N.J.R.E. 515 (Official Information); N.J.R.E. 516 (Identity of Informer);
				  N.J.R.E. 530 (Waiver of Privilege by Contract or Previous Disclosure;
				  Limitations); N.J.R.E. 531 (Admissibility of Disclosure Wrongfully Compelled);
				  N.J.R.E. 532 (Reference to Exercise of Privileges); and N.J.R.E. 533 (Effect of
				  Error in Overruling Claim of Privilege).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.5 - Hearsay evidence; residuum rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to
				the judge's discretion to exclude evidence under
				1:1-15.1(c)  or a
				valid claim of privilege, hearsay evidence shall be admissible in the trial of
				contested cases. Hearsay evidence which is admitted shall be accorded whatever
				weight the judge deems appropriate taking into account the nature, character
				and scope of the evidence, the circumstances of its creation and production,
				and, generally, its reliability.
(b) Notwithstanding the admissibility of
				hearsay evidence, some legally competent evidence must exist to support each
				ultimate finding of fact to an extent sufficient to provide assurances of
				reliability and to avoid the fact or appearance of arbitrariness.
LAW REVIEW AND JOURNAL COMMENTARIES:
Approaching Hearsay at Administrative Hearings: Hearsay
				  Evidence and the Residuum Rule. Joseph R. Morano, 180 N.J. Lawyer 22
				  (1996).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.6 - Authentication and content of writings

Current through Register Vol. 56, No. 14, July 15, 2024
Any writing offered into evidence which has been disclosed
				  to each other party at least 10 days prior to the hearing shall be presumed
				  authentic. At the hearing any party may raise questions of authenticity. Where
				  a genuine question of authenticity is raised the judge may require some
				  authentication of the questioned document. For these purposes the judge may
				  accept a submission of proof, in the form of an affidavit, certified document
				  or other similar proof, no later than 10 days after the date of the
				  hearing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.7 - Exhibits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				verbatim record of the proceedings shall include references to all exhibits
				and, as to each, the offering party, a brief description of the exhibit stated
				by the offering party or the judge, and the marking directed by the judge. The
				verbatim record shall also include a record of the exhibits retained by the
				judge at the end of the proceedings and of the disposition then made of the
				other exhibits.
(b) Parties shall
				provide each party to the case with a copy of any exhibit offered into
				evidence. Large exhibits that cannot be placed within the judge's file may be
				either photographed, attached to the file, or described in the record and
				committed to the safekeeping of a party. All other admitted exhibits shall be
				retained in the judge's file until certified to the agency head pursuant to
				1:1-18.1.
(c) The standard marking for exhibits shall
				be:
1. P = petitioner;
2. R = respondent;
3. A = appellant;
4. J = joint;
5. C = judge;
6. I = intervenor; or
7. Such other additional markings required
				for clarity as the judge may direct.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.8 - Witnesses; requirements for testifying; testifying by telephone

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except
				as otherwise provided by this subchapter, by statute or by rule establishing a
				privilege:
1. Every person is qualified to be
				a witness; and
2. No person has a
				privilege to refuse to be a witness; and
3. No person is disqualified to testify to
				any matter; and
4. No person has a
				privilege to refuse to disclose any matter or to produce any object or writing;
				and
5. No person has a privilege
				that another shall not be a witness or shall not disclose any matter or shall
				not produce any object or writing but the judge presiding at the hearing in a
				contested case may not testify as a witness.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.9 - Expert and other opinion testimony

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a
				witness is not testifying as an expert, testimony of that witness in the form
				of opinions or inferences is limited to such opinions or inferences as the
				judge finds:
1. May be rationally based on
				the perception of the witness; and
2. Are helpful to a clear understanding of
				the witness' testimony or to the fact in issue.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.10 - Offers of settlement inadmissible

Current through Register Vol. 56, No. 14, July 15, 2024
Offers of settlement, proposals of adjustment and proposed
				  stipulations shall not constitute an admission and shall not be
				  admissible.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.11 - Stipulations

Current through Register Vol. 56, No. 14, July 15, 2024
The parties may by stipulation agree upon the facts or any
				  portion thereof involved in any controversy. Such a stipulation shall be
				  regarded as evidence and shall preclude the parties from thereafter challenging
				  the facts agreed upon.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 15 - EVIDENCE RULES › Section 1:1-15.12 - Prior transcribed testimony

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If there
				was a previous hearing in the same or a related matter which was electronically
				or stenographically recorded, a party may, unless the judge determines that it
				is necessary to evaluate credibility, offer the transcript of a witness in lieu
				of producing the witness at the hearing provided that the witness' testimony
				was taken under oath, all parties were present at the proceeding and were
				afforded a full opportunity to cross-examine the witness.
(b) A party who intends to offer a witness'
				transcribed testimony at the hearing must give all other parties and the judge
				at least 10 days notice prior to the commencement of the hearing of that
				intention and provide each with a copy of the transcript being
				offered.
(c) Opposing parties may
				subpoena the witness to appear personally. Any party may produce additional
				witnesses and other relevant evidence at the hearing.
(d) Provided the requirements in (a) above
				are satisfied, the entire controversy may be presented solely upon such
				transcribed testimony if all parties agree and the judge approves.
(e) Prior transcribed testimony that would be
				admissible as an exception to the hearsay rule under Evidence Rule 63(3) is not
				subject to the requirements of this section.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 16 - INTERVENTION AND PARTICIPATION › Section 1:1-16.1 - Who may apply to intervene; status of intervenor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				or entity not initially a party, who has a statutory right to intervene or who
				will be substantially, specifically and directly affected by the outcome of a
				contested case, may on motion, seek leave to intervene.
(b) Persons or entities permitted to
				intervene shall have all the rights and obligations of a party to the
				proceeding.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 16 - INTERVENTION AND PARTICIPATION › Section 1:1-16.2 - Time of motion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A motion
				for leave to intervene may be filed at any time after a case is
				initiated.
(b) If made before a
				case has been filed with the Office of Administrative Law, a motion for leave
				to intervene shall be filed with the head of the agency having jurisdiction
				over the case. The agency head may rule upon the motion to intervene or may
				reserve decision for action by a judge after the case has been filed with the
				Office of Administrative Law.
(c)
				If made after a case has been filed with the Office of Administrative Law, a
				motion for leave to intervene shall be filed with the judge or, if the case has
				not yet been assigned to a judge, with the Clerk of the Office of
				Administrative Law.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 16 - INTERVENTION AND PARTICIPATION › Section 1:1-16.3 - Standards for intervention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In ruling
				upon a motion to intervene, the judge shall take into consideration the nature
				and extent of the movant's interest in the outcome of the case, whether or not
				the movant's interest is sufficiently different from that of any party so as to
				add measurably and constructively to the scope of the case, the prospect of
				confusion or undue delay arising from the movant's inclusion, and other
				appropriate matters.
(b) In cases
				where one of the parties is a State agency authorized by law to represent the
				public interest in a case, no movant shall be denied intervention solely
				because the movant's interest may be represented in part by said State
				agency.
(c) Notwithstanding (a)
				above, persons statutorily permitted to intervene shall be granted
				intervention.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 16 - INTERVENTION AND PARTICIPATION › Section 1:1-16.4 - Notice of opportunity to intervene or participate

Current through Register Vol. 56, No. 14, July 15, 2024
Where it appears to the judge that a full determination of a
				  case may substantially, specifically and directly affect a person or entity who
				  is not a party to the case, the judge, on motion of any party or on his or her
				  own initiative, may order that the Clerk or any party notify the person or
				  entity of the proceeding and of the opportunity to apply for intervention or
				  participation pursuant to these rules.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 16 - INTERVENTION AND PARTICIPATION › Section 1:1-16.5 - Alternative treatment of motions to intervene

Current through Register Vol. 56, No. 14, July 15, 2024
Every motion for leave to intervene shall be treated, in the
				  alternative, as a motion for permission to participate.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 16 - INTERVENTION AND PARTICIPATION › Section 1:1-16.6 - Participation; standards for participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				or entity with a significant interest in the outcome of a case may move for
				permission to participate.
(b) A
				motion to participate may be made at such time and in such manner as is
				appropriate for a motion for leave to intervene pursuant to
				1:1-16.2. In deciding whether to
				permit participation, the judge shall consider whether the participant's
				interest is likely to add constructively to the case without causing undue
				delay or confusion.
(c) The judge
				shall determine the nature and extent of participation in the individual case.
				Participation shall be limited to:
1. The
				right to argue orally; or
2. The
				right to file a statement or brief; or
3. The right to file exceptions to the
				initial decision with the agency head; or
4. All of the above.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 17 - CONSOLIDATION OF TWO OR MORE CASES; MULTIPLE AGENCY JURISDICTION CLAIMS; DETERMINATIONS OF PREDOMINANT INTEREST › Section 1:1-17.1 - Motion to consolidate; when decided

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As soon as
				circumstances meriting such action are discovered, an agency head, any party or
				the judge may move to consolidate a case which has been transmitted to the
				Office of Administrative Law with any other contested case involving common
				questions of fact or law between identical parties or between any party to the
				filed case and any other person, entity or agency.
(b) This rule shall apply to cases:
1. Already filed with the Office of
				Administrative Law;
2. Commenced in
				an agency but not yet filed with the Office of Administrative Law;
				and
3. Commenced in an agency and
				not required to be filed with the Office of Administrative Law under
				52:14F-8.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 17 - CONSOLIDATION OF TWO OR MORE CASES; MULTIPLE AGENCY JURISDICTION CLAIMS; DETERMINATIONS OF PREDOMINANT INTEREST › Section 1:1-17.2 - Form of motion; submission date

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A motion to
				consolidate shall address whether the matter should be consolidated considering
				the standards set forth in
				1:1-17.3.
(b) Motions to consolidate cases which
				commenced in separate agencies and all replies thereto shall include a
				predominant interest allegation and shall be supported by a brief and
				affidavits. Copies of such motions and any responsive papers shall be filed
				with each agency if that agency is not party to the case.
(c) All consolidation motions involving cases
				commenced in two or more agencies shall be scheduled by the Office of
				Administrative Law for oral argument under
				1:1-12.3.
(d) Motions for consolidation involving cases
				transmitted or to be transmitted to the Office of Administrative Law from a
				single agency shall be handled in accordance with
				1:1-12.2.