New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.10 - Interlocutory review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for
				the special review procedures provided in
				1:1-12.6 (emergency relief), and
				1:1-12.5(e) (partial summary decision), an order or ruling may be reviewed
				interlocutorily by an agency head at the request of a party.
(b) Any request for interlocutory review
				shall be made to the agency head and copies served on all parties no later than
				five working days from the receipt of the written order or oral ruling,
				whichever is rendered first. An opposing party may, within three days of
				receipt of the request, submit an objection to the agency head. A copy must be
				served on the party who requested review. Any request for interlocutory review
				or objection to a request shall be in writing by memorandum, letter or motion
				and shall include a copy of any written order or ruling or a summary of any
				oral order or ruling sought to be reviewed. Copies of all documents submitted
				shall be filed with the judge and Clerk.
(c) Within 10 days of the request for
				interlocutory review, the agency head shall notify the parties and the Clerk
				whether the order or ruling will be reviewed. If the agency head does not so
				act within 10 days, the request for review shall be considered denied. Informal
				communication by telephone or in person to the parties or their representatives
				and to the Clerk within the 10 day period will satisfy this notice requirement,
				provided that a written communication or order promptly follows.
(d) A party opposed to the grant of
				interlocutory review may, within three days of receiving notice that review was
				granted, submit to the agency head in writing arguments in favor of the order
				or ruling being reviewed. A copy shall be served on the party who requested
				review.
(e) Where the agency head
				determines to conduct an interlocutory review, the agency head shall issue a
				decision, order or other disposition of the review at the earliest opportunity
				but no later than 20 days from receiving the request for review. Where the
				interests of justice require, the agency head shall conduct an interlocutory
				review on an expedited basis. Where the agency head does not issue an order
				within 20 days, the judge's ruling shall be considered conditionally affirmed.
				The time period for disposition may be extended for good cause for an
				additional 20 days if both the agency head and the Director of the Office of
				Administrative Law concur.
(f)
				Where the proceeding generating the request for interlocutory review has been
				sound recorded and the agency head requests the verbatim record, the Clerk
				shall furnish the original sound recording or a certified copy within one day
				of the request. The party requesting the interlocutory review shall provide the
				agency head with all other papers, materials, transcripts or parts of the
				record which pertain to the request for interlocutory review.
(g) The time limits established in this
				section, with the exception of (e) above, may be extended by the agency head
				where the need for a delay is caused by honest mistake, accident, or any cause
				compatible with due diligence.
(h)
				An agency head's determination to review interlocutorily an order or ruling
				shall not delay the scheduling or conduct of hearings, unless a postponement is
				necessary due to special requirements of the case, because of probable
				prejudice, or for other good cause. Either the presiding judge or the agency
				head may order a stay of the proceedings, either on their own or upon
				application. Applications for stays should be made in the first instance to the
				presiding judge. If denied, the application may be resubmitted to the agency
				head. Pending review by the agency head, a judge may conditionally proceed on
				an order or ruling in order to complete the evidential record in a case or to
				avoid disruption or delay in any ongoing or scheduled hearing.
(i) Except as limited by (
l
)
				below and 1:1-18.4(a), any
				order or ruling reviewable interlocutorily is subject to review by the agency
				head after the judge renders the initial decision in the contested case, even
				if an application for interlocutory review:
1.
				Was not made;
2. Was made but the
				agency head declined to review the order or ruling; or
3. Was made and not considered by the agency
				head within the established time frame.