reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 14 - BOARD OF PUBLIC UTILITIES › Subchapter 9 - SCHEDULING; NOTICES › Section 1:14-9.2 - Public hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a
				public hearing is required by statute or rule the judge may instruct the
				utility to secure an appropriate location for the hearing and to accomplish
				whatever public notice may be required by statute or rule.
(b) Unless a statute requires otherwise or
				the judge directs otherwise for good cause shown, public hearings shall be
				conducted during the evening after regular business hours or at some other time
				which would be convenient to those persons interested in the subject matter of
				the public hearing.
(c) The Clerk
				shall notify the parties to the proceeding of any public hearing and shall
				ensure that the proceeding is stenographically transcribed.
(d) Persons opposing or supporting petitions
				or tariff schedules may testify at public hearings. The judge may permit the
				utility or other parties to cross-examine these persons. Persons who testify at
				public hearings shall not be entitled to notice of any subsequent proceedings
				unless they qualify as a participant or intervenor under N.J.A.C. 1:1-16.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 14 - BOARD OF PUBLIC UTILITIES › Subchapter 10 - DISCOVERY › Section 1:14-10.1 - Depositions

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to the discovery methods specified in
				  1:1-10.2(a),
				  depositions upon oral examination or written questions of experts and other
				  designated witnesses whose written testimony has been prefiled in the case
				  shall be available upon written notice by a party in a ratemaking proceeding.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 14 - BOARD OF PUBLIC UTILITIES › Subchapter 14 - CONDUCT OF CASES › Section 1:14-14.1 - Prefiled testimony

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The judge
				may require that all parties prefile their direct testimony in writing,
				certified, verified or sworn to under oath. The schedule for the submission of
				this testimony shall be established by the judge to ensure a fair and
				expeditious hearing.
(b) The judge
				shall adjust the discovery schedule to facilitate the timely filing of prefiled
				direct testimony.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 14 - BOARD OF PUBLIC UTILITIES › Subchapter 14 - CONDUCT OF CASES › Section 1:14-14.3 - Transcripts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In cases
				involving an order to show cause or an investigative order initiated by the
				BPU, respondents shall purchase an original and one copy of the transcript and
				shall provide the judge with a copy of the hearing transcript within 15 working
				days of the date of hearing. In all other cases, the petitioner shall provide
				the judge with a copy of the hearing transcript within 15 days of the hearing
				date.
(b) The party responsible for
				providing the judge with a copy of the transcript is responsible for the cost
				of the original and one copy of the transcript, the daily appearance fee of the
				court reporter and, when applicable, any costs associated with complying with
				1:1-14.1 1(j).
(c) The judge may waive or modify the
				application of this rule at any time for good cause shown.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 14 - BOARD OF PUBLIC UTILITIES › Subchapter 14 - CONDUCT OF CASES › Section 1:14-14.4 - Interlocutory review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				party requests interlocutory review, the BPU shall make a determination as to
				whether to accept the request and conduct an interlocutory review by the later
				of the following:
1. Ten days after receiving
				the request for interlocutory review; or
2. The BPU's next regularly scheduled open
				meeting after expiration of the 10-day period from receipt of the request for
				interlocutory review.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 14 - BOARD OF PUBLIC UTILITIES › Subchapter 15 - EVIDENCE RULES › Section 1:14-15.1 - Witnesses and prefiled testimony

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Sworn,
				certified or verified written prefiled testimony of a witness may be admitted
				by the judge. Unless the parties consent to the admissibility of this written
				testimony without the necessity of an appearance, the witness shall appear at
				the hearing and be available for cross-examination on the prefiled written
				testimony.
(b) The judge may
				preclude any witness from testifying in a party's direct case when the
				witnesses' written testimony has not been filed in accordance with a schedule
				for such submissions established by the judge.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 19 - CASINO CONTROL COMMISSION › Subchapter 1 - APPLICABILITY › Section 1:19-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules
				in this chapter shall apply to contested case hearings arising under the Casino
				Control Act,
				5:12-1 et seq.
(b) Any aspect of the hearing process not
				covered by the special hearing rules in this chapter shall be governed by the
				provisions of the Casino Control Act and the Uniform Administrative Procedure
				Rules (UAPR) contained in N.J.A.C. 1:1. To the extent that the special hearing
				rules in this chapter are inconsistent with the UAPR, the rules in this chapter
				shall apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 19 - CASINO CONTROL COMMISSION › Subchapter 2 - DEFINITIONS › Section 1:19-2.1 - Initial decision defined

Current through Register Vol. 56, No. 14, July 15, 2024
"Initial decision" means the recommended findings of fact,
				  conclusions of law and disposition, based upon the evidence and arguments
				  presented during the course of the hearing, issued by the administrative law
				  judge, commission member, or hearing officer appointed pursuant to N.J.S.A.
				  5:12-107a and made a part of the record which is sent to the Casino Control
				  Commission for a final decision.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 19 - CASINO CONTROL COMMISSION › Subchapter 5 - REPRESENTATION › Section 1:19-5.1 - Multiple party representation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any
				circumstances described in (b) below, an attorney who intends to represent more
				than one party in the same or a substantially related matter shall file a
				petition for approval no later than 10 days after filing a pleading or entering
				an appearance in the matter, whichever is earlier. The petitioner shall file
				such petition with the Casino Control Commission (Commission), or with the
				Clerk of the Office of Administrative Law (OAL) if the matter has been
				transmitted to it, and one copy with the Division of Gaming Enforcement.
1. The Division may, within 10 days from the
				date that the petition is filed, file a written response to the petition with
				the Commission, or with the OAL, if the matter has been transmitted to
				it.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 19 - CASINO CONTROL COMMISSION › Subchapter 7 - SERVICE AND FILING OF PAPERS › Section 1:19-7.1 - Notices

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise provided by the Casino Control Act, orders
				  and notices related to a contested case including, without limitation, notices
				  concerning the scheduling of conferences, hearings, deferrals, reinstatement
				  after deferrals, and postponements shall be served upon all parties by ordinary
				  mail, except that hearing notices in proceedings against a licensee or
				  registrant shall be served by certified mail. All hearing notices shall be
				  served at least 10 days prior to the hearing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 19 - CASINO CONTROL COMMISSION › Subchapter 9 - ADJOURNMENTS; INACTIVE LIST › Section 1:19-9.1 - Placement on inactive list pending disposition of charges against applicant or respondent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant or respondent who is
				currently being prosecuted for or charged with an offense that is enumerated in
				N.J.S.A. 5:12-86c may move to place the case on the inactive list pursuant to
				N.J.S.A. 5:12-86d. Any such motion shall be processed in accordance with the
				provisions of
				1:1-9.7 except that the judge
				shall, in all cases, grant the motion if the applicant or respondent
				establishes the existence of such prosecution or pending charge.
(b) An applicant or respondent whose case has
				been placed on the inactive list pursuant to this section shall notify the
				judge within 10 days of the disposition of the charge that was the basis for
				the deferral. Any applicant or respondent who fails to comply with the notice
				requirements of this subsection shall be deemed to have withdrawn his or her
				request for a hearing pursuant to
				1:1-19.2. Unless the applicant or
				respondent submits to the Casino Control Commission (Commission) a satisfactory
				written explanation for his or her failure within 20 days of the date of
				disposition, the Commission may take final action on the case pursuant to
				N.J.A.C. 19:42A-2.5.
(c) Any case
				placed on the inactive list pursuant to this section shall be returned to
				active status by the judge assigned to the case immediately upon:
1. The receipt of notice from the applicant
				or respondent pursuant to (b) above; or
2. The expiration of the deferral period
				established by the judge pursuant to
				1:1-9.7(a)1.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 19 - CASINO CONTROL COMMISSION › Subchapter 9 - ADJOURNMENTS; INACTIVE LIST › Section 1:19-9.2 - Adjournments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				application for the adjournment of a proceeding scheduled to be heard directly
				by the Casino Control Commission (Commission) or by a member of the Commission
				shall be made to the Commission clerk or representative designated in the
				scheduling notice; provided, however, that the adjournment of a hearing may
				only be approved by the judge. An application for adjournment of a matter
				transmitted to the Office of Administrative Law shall proceed pursuant to
				1:1-9.6.
(b) The conduct of voluntary settlement
				negotiations shall not be considered sufficient grounds for the issuance of an
				adjournment.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 19 - CASINO CONTROL COMMISSION › Subchapter 10 - DISCOVERY › Section 1:19-10.1 - Time for discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each party
				to a contested case shall provide, at a minimum, the following discovery to
				each other party either personally or by ordinary mail:
1. A copy of any document which the party
				intends to introduce at the hearing;
2. A list of the names and addresses of any
				witnesses which the party intends to call at the hearing; and
3. The qualifications of any expert witness
				which the party intends to call at the hearing and a copy of any reports
				prepared by the witness or a summary of the testimony that the witness will
				offer.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 19 - CASINO CONTROL COMMISSION › Subchapter 13 - PREHEARING CONFERENCES AND PROCEDURES › Section 1:19-13.1 - Conduct of prehearing conference by a designated representative of the Casino Control Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a matter
				will be heard by the Casino Control Commission (Commission), prior to the
				transmission of a contested case to a hearing commissioner, the chair may
				designate a representative to conduct any prehearing conference proceedings
				authorized by N.J.A.C. 1:1-13.
(b)
				If, pursuant to (a) above, a representative of the chair is designated to
				conduct a prehearing conference, the designated representative shall issue a
				prehearing memorandum in accordance with the requirements of
				1:1-13.2 and such memorandum shall
				have the same force and effect as a prehearing order issued by a
				judge.
(c) Settlements reached at a
				prehearing conference scheduled pursuant to (a) above shall be submitted to the
				Commission for disposition pursuant to N.J.A.C. 19:42A-3.2(b).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 19 - CASINO CONTROL COMMISSION › Subchapter 14 - CONDUCT OF CONTESTED CASES › Section 1:19-14.1 - Rules concerning all contested cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				any authority granted in the Uniform Administrative Procedure Rules (UAPR),
				N.J.A.C. 1:1, the judge shall have the authority to:
1. Administer oaths and to require testimony
				under oath, pursuant to
				5:12-107.a(3);
2. Serve process either personally or by
				certified mail and serve notices by certified mail, pursuant to
				5:12-108;
3. Issue subpoenas and compel the attendance
				of witnesses at any place within this State, pursuant to
				5:12-107.f and 5:12-108.f;
4. Take official notice of any
				generally accepted information or technical or scientific matter in the field
				of gaming and of other fact which may be judicially noticed by the courts of
				this State, pursuant to
				5:12-107(b);
				and
5. Permit the filing of amended
				or supplemental pleadings, pursuant to
				5:12-107(b).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 19 - CASINO CONTROL COMMISSION › Subchapter 15 - EVIDENCE RULES › Section 1:19-15.1 - Special evidence rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				special rules of evidence shall apply:
1. Any
				relevant evidence, not subject to a claim of privilege, may be admitted
				regardless of any rule of evidence which would bar such evidence in judicial
				matters, pursuant to
				5:12-107.a(6);
2. Evidence admitted pursuant to (a)1 above
				shall be sufficient in itself to support a finding, pursuant to
				5:12-70.b and 107.a(6);
				and
3. If an applicant, licensee,
				registrant or person who shall be qualified pursuant to the Casino Control Act
				is a party and if such party shall not testify in his own behalf, he may be
				called and examined as if under cross-examination, pursuant to N.J.S.A.
				5:12-107a(5).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 1 - APPLICABILITY › Section 1:20-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter shall apply to any hearing
				  initiated before the Public Employment Relations Commission Appeal Board
				  pursuant to P.L. 1979, c.477 (34:13A-5.5 et seq.).
				  Any aspect of the hearing not covered by these special hearing rules shall be
				  governed by the Uniform Administrative Procedure Rules (U.A.P.R.) contained in
				  N.J.A.C. 1:1. To the extent that these rules are inconsistent with the
				  U.A.P.R., these rules shall apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 2 - DEFINITIONS › Section 1:20-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Appeal
				Board" means the Public Employment Relations Commission Appeal Board
				established by
				34:13A-5.6 to consider complaints
				concerning the amount of fees paid by nonmembers who pay a representation fee
				in lieu of dues.
(b) "Demand and
				return system" means the procedure established and maintained pursuant to
				34:13A-5.6 by a majority
				representative to provide a public employee who pays a representation fee in
				lieu of dues the right to demand and receive from the majority representative
				that portion of the fee returnable under the circumstances as described by
				34:13A-5.5(c).
(c) "Employer" means, for purposes of these
				rules only, the public employer which is signatory to the agreement requiring
				payment by the petitioner nonmember of representation fee in lieu of
				dues.
(d) "Nonmember" means a
				public employee who is not a member of the majority representative which
				represents the employee's collective negotiations unit but who pays a
				representation fee in lieu of dues to the majority representative.
(e) "Petition" means the document described
				in N.J.A.C. 1:20-6 and which initiates a complaint before the Appeal Board
				about the amount of representation fee in lieu of dues.
(f) "Petitioner" means the nonmember who is
				filing a petition.
(g)
				"Representation fee" means the fee in lieu of dues defined in
				34:13A-5.5, deducted from a
				nonmember's wages or salary and paid to the majority representative of the
				nonmember's unit.
(h) "Respondent"
				means the majority representative which represents the petitioner's collective
				negotiations unit and which receives petitioner's representation fee.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 3 - COMMENCEMENT OF PROCEEDING › Section 1:20-3.1 - Commencement of proceeding before the Appeal Board

Current through Register Vol. 56, No. 14, July 15, 2024
A nonmember may initiate a proceeding before the Appeal
				  Board to review the amount of a representation fee in lieu of dues by filing a
				  petition with the Appeal Board pursuant to this chapter.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 3 - COMMENCEMENT OF PROCEEDING › Section 1:20-3.2 - Who may commence a proceeding before the Appeal Board

Current through Register Vol. 56, No. 14, July 15, 2024
A petition may be filed by any nonmember public employee who
				  pays a representation fee in lieu of dues to a majority representative. Neither
				  a public employer nor a majority representative may file a petition.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 6 - PLEADINGS › Section 1:20-6.1 - Time for filing of petition; exhaustion of demand and return system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At any time
				after the nonmember has exhausted, or has made a good faith attempt to exhaust,
				the demand and return system required to be maintained by the majority
				representative, the nonmember may file a petition with the Appeal
				Board.
(b) If during the
				administrative processing of the petition of appeal, it is determined that the
				majority representative's demand and return system has either not been utilized
				to resolve the dispute or that the demand and return proceeding has not been
				completed, the Appeal Board may take whatever action it deems appropriate,
				including but not limited to dismissing the petition of appeal, staying the
				proceedings before the Board pending the completion of the majority
				representative's demand and return system, or continue to process the
				petition.
(c) A nonmember of a
				majority representative who has a claim pending in the majority
				representative's demand and return system may intervene in a proceeding before
				the Appeal Board involving the same majority representative, collective
				negotiations agreement, public employer and the same period of time,
				notwithstanding that the nonmember has not yet exhausted the majority
				representative's demand and return system.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 6 - PLEADINGS › Section 1:20-6.2 - Time for filing answer

Current through Register Vol. 56, No. 14, July 15, 2024
No later than 20 days from the date of service of the
				  petition upon the respondent by the petitioner, the respondent shall file with
				  the Appeal Board and serve upon the petitioner an answer to the petition. For
				  good cause, the Appeal Board may extend the time for answer. Failure to file
				  and serve an answer on time may result in a default judgment against the
				  respondent.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 6 - PLEADINGS › Section 1:20-6.3 - Contents of petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petition
				shall be in writing and signed by the nonmember(s) making the complaint. More
				than one nonmember in the same negotiations unit may sign a petition.
(b) A blank form for filing such a petition
				will be supplied upon request. Requests shall be addressed to: Public
				Employment Relations Commission Appeal Board, 429 East State Street, Trenton,
				NJ 08608.
(c) The petition shall
				contain the following:
1. The full name,
				address and telephone number of the nonmember filing the petition and, where
				applicable, the name, address and telephone number of any authorized
				representative;
2. The full name
				and address of the majority representative of the nonmember's collective
				negotiations unit;
3. The full name
				and address of the public employer of the nonmember filing the
				petition;
4. The amount of the
				representation fee in lieu of dues and, where known, the amount of the regular
				membership dues, initiation fees and assessments charged by the majority
				representative to its own members;
5. A statement of the grounds for the
				nonmember's belief that the representation fee in lieu of dues is excessive or
				improper, including a brief recitation of the facts, if any, which give rise to
				the belief that the fee is excessive. It shall be sufficient for the petitioner
				to state opposition either to all expenditures of a political or ideological
				nature only incidentally related to the terms and conditions of employment, or
				to expenditures applied toward the costs of any benefits available only to
				members of the majority representative, or to both; and
6. A statement as to whether the nonmember
				filing the petition has exhausted the majority representative's demand and
				return system and the result of that proceeding. If the result of that
				proceeding was in written form, a copy of the writing should be appended to the
				petition.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 6 - PLEADINGS › Section 1:20-6.4 - Contents of answer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An answer
				shall be in writing and signed by a representative of the respondent.
(b) An answer shall contain the following:
1. A statement of the amount of the regular
				membership dues, initiation fees and assessments charged by the majority
				representative to its own members in the petitioner's collective negotiations
				unit;
2. A statement of the
				representation fee in lieu of dues charged the petitioner;
3. A description of the disposition of the
				petitioner's demand and return system proceeding. A copy of any written
				decision or result of that proceeding shall be appended as an exhibit to the
				answer, unless it has been appended to the petition;
4. A clear and concise statement which
				specifically admits, denies or explains any factual allegations contained in
				the petition; and
5. Any
				affirmative defenses to the legal and factual allegations of the
				petition.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 7 - SERVICE, FILING AND POSTING OF PETITION › Section 1:20-7.1 - Filing of petition and copies

Current through Register Vol. 56, No. 14, July 15, 2024
A petitioner shall file an original and four copies of the
				  petition with the Appeal Board.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 7 - SERVICE, FILING AND POSTING OF PETITION › Section 1:20-7.2 - Service of petition upon majority representative

Current through Register Vol. 56, No. 14, July 15, 2024
Upon filing of a petition, the petitioner shall serve a copy
				  of the petition and any attached documents upon the respondent named in the
				  petition. The petitioner shall file a proof of service with the Appeal Board.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 7 - SERVICE, FILING AND POSTING OF PETITION › Section 1:20-7.3 - Petition to public employer

Current through Register Vol. 56, No. 14, July 15, 2024
Upon receipt of a petition, the Appeal Board shall forthwith
				  provide a copy of the petition to the public employer.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 7 - SERVICE, FILING AND POSTING OF PETITION › Section 1:20-7.4 - Filing of answer and copies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				respondent shall file an original and four copies of the answer with the Appeal
				Board.
(b) The respondent shall
				file two copies of the documents required by
				1:20-6.4(c).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 7 - SERVICE, FILING AND POSTING OF PETITION › Section 1:20-7.5 - Service of answer upon petition

Current through Register Vol. 56, No. 14, July 15, 2024
Upon filing the answer, the respondent shall serve a copy of
				  the answer and of the documents required by
				  1:20-6.4(c)  upon
				  the petitioner. The respondent shall file proof of service with the Appeal
				  Board.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 8 - TRANSMISSION OF CASES › Section 1:20-8.1 - Transmission of cases to the Office of Administrative Law

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to the completed transmittal form, two copies of
				  the petition and answer and other appropriate papers, the Appeal Board shall
				  transmit to the Office of Administrative Law copies of the parties' proof of
				  service of the petition and answer.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 9 - NOTICES › Section 1:20-9.1 - Notice of filing; employer posting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition
				to the requirements of
				1:1-9.4(a), a copy
				of the notice of filing shall be sent by the Office of Administrative Law to
				the public employer of the petitioner.
(b) The public employer shall post such
				notice at locations where notices to employees in the petitioner's collective
				negotiations unit are normally posted. The notice shall remain posted for a
				period of 30 days.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 14 - CONDUCT OF CASES › Section 1:20-14.2 - Burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  34:13A-5.6, the burden of proof
				  shall be on the majority representative.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 15 - EVIDENCE › Section 1:20-15.1 - Evidence of demand and return proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
The record, or any portion of it, developed at the demand
				  and return system proceeding may be introduced as evidence by either party,
				  subject to the general rules of evidence contained in N.J.A.C. 1:1-15.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 18 - CONCLUSION OF HEARING › Section 1:20-18.1 - Oral argument on exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As part of
				any written exceptions to an initial decision, a party may file a written
				request for oral argument on the exceptions before the Appeal Board. The
				written request shall be served, along with the exceptions, upon the other
				parties to the hearing.
(b) If the
				Appeal Board grants the request for oral argument, the Appeal Board shall give
				each party at least five days notice of the date of the argument.
(c) Only issues and evidence of record at the
				hearing may be considered at the oral argument. No new issues or evidence may
				be presented.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 20 - HEARINGS BEFORE THE PUBLIC EMPLOYMENT RELATIONS APPEAL BOARD › Subchapter 18 - CONCLUSION OF HEARING › Section 1:20-18.2 - Motion to reopen

Current through Register Vol. 56, No. 14, July 15, 2024
A party to a proceeding before the Appeal Board may, because
				  of extraordinary circumstances, move to reopen the matter after the Appeal
				  Board decision has been rendered. The movant shall state with particularity the
				  grounds claimed and, where applicable, shall specify the portion of the record
				  relied upon. Any motion pursuant to this section shall be filed within 15 days
				  after service of the Appeal Board decision. Copies shall be served on the
				  parties of record, and a statement of service shall be filed with the motion
				  papers. The filing and pendency of a motion for reconsideration shall not
				  operate to stay the effectiveness of the Appeal Board decision unless otherwise
				  ordered by the Appeal Board. A motion to reopen need not be filed to exhaust
				  administrative remedies.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 21 - TRADE SECRET CLAIMS › Subchapter 1 - APPLICABILITY › Section 1:21-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter shall apply to any hearing
				  concerning the validity of a trade secret claim. Any aspect of the hearing not
				  covered by these special hearing rules shall be governed by the Uniform
				  Administrative Procedure Rules (U.A.P.R.) contained in N.J.A.C. 1:1. To the
				  extent that these rules are inconsistent with the U.A.P.R., these rules shall
				  apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 21 - TRADE SECRET CLAIMS › Subchapter 8 - TRANSMISSION OF CASES TO THE OFFICE OF ADMINISTRATIVE LAW › Section 1:21-8.1 - Transmission of cases; the trade secret documentation or information

Current through Register Vol. 56, No. 14, July 15, 2024
When a case is transmitted to the Office of Administrative
				  Law involving a trade secret claim, any information or documentation which
				  reveals the trade secret shall not be transmitted with the case file.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 21 - TRADE SECRET CLAIMS › Subchapter 8 - TRANSMISSION OF CASES TO THE OFFICE OF ADMINISTRATIVE LAW › Section 1:21-8.2 - Custody of the trade secret information or documentation; no copying

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				information or documentation which reveals the trade secret shall remain
				throughout the hearing in the physical custody of the representatives of the
				transmitting agency.
(b) When
				needed, upon the judge's direction, the trade secret information or
				documentation shall be brought to the hearing by the responsible department
				representatives.
(c) The trade
				secret information or documentation shall not be placed in the Office of
				Administrative Law case file and may not be copied by any Office of
				Administrative Law personnel.
(d)
				The trade secret information shall not be communicated over telecommunication
				networks, including but not limited to: telephones, computers connected by
				modems, or electronic mail systems.
(e) The judge may, when necessary for the
				performance of his or her functions, disclose the trade secret information to
				his or her secretary.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 21 - TRADE SECRET CLAIMS › Subchapter 10 - DISCOVERY › Section 1:21-10.1 - Discovery in trade secret cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When
				necessary to prevent the trade secret from being disclosed without
				authorization, the judge may order:
1. That
				the requested discovery not be had;
2. That the discovery may be had only on
				specified terms and conditions, including a designation of the time or
				place;
3. That the discovery may be
				had only by a method of discovery other than that selected by the party seeking
				discovery;
4. That certain matters
				not be inquired into, or that the scope of the discovery be limited to certain
				matters;
5. That discovery be
				conducted with no one present except persons designated by the judge;
6. That a deposition after being sealed be
				opened only by order of the judge;
7. That the parties simultaneously file
				specified documents or information enclosed in sealed envelopes to be opened as
				directed by the judge; or
8. Any
				other device which reasonably balances the discovery goal of minimizing
				surprise at hearings with the need to protect the trade secret from an
				unauthorized disclosure.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 21 - TRADE SECRET CLAIMS › Subchapter 14 - CONDUCT OF TRADE SECRET CASE › Section 1:21-14.1 - Sound recordings; safeguarding the case file and sound recordings; preparation of transcripts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Court
				reporters will not be provided for trade secret hearings. A verbatim record
				will be maintained by sound recording.
(b) When not in use, all audio tapes and case
				files together with all evidence and other related case materials, including
				any transcripts, shall be locked in an Office of Administrative Law filing
				cabinet in a locked room, whether or not particular tapes, case files, evidence
				or related materials include secret testimony or argument. Access to the file
				cabinet shall be limited to judges and their secretaries. Access to the locked
				room shall be restricted to a person or persons designated by the Director in
				writing. A record of access to the file cabinet shall be maintained by the
				designated persons.
(c) No
				duplicates or copies of any portion of an audio tape containing secret
				information shall be permitted.
(d)
				Upon the request of a person who is authorized by the judge to receive a
				transcript, the judge's secretary shall prepare a transcript of that portion of
				the hearing dealing with the secret information. A transcribing firm may be
				authorized to prepare a transcript of that portion of the hearing not dealing
				with the secret information.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 21 - TRADE SECRET CLAIMS › Subchapter 14 - CONDUCT OF TRADE SECRET CASE › Section 1:21-14.2 - Sealing the record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On the last
				day of the evidentiary hearing, the parties shall be given the opportunity to
				address the record sealing requirements of the case. The record shall be sealed
				by order attached to the initial decision in every trade secret case.
(b) In rendering a sealing order, the judge
				shall consider the extent of restriction necessary to safeguard the trade
				secret and shall determine in each such order:
1. That the Office of Administrative Law
				shall not maintain a duplicate case file after the initial decision has been
				provided to the parties and agency head; and
2. That all documents transmitted to the
				Office of Administrative Law together with all evidence received at the hearing
				and all audio tapes or transcripts, if any, shall be returned to the
				transmitting agency with the initial decision; and
3. That all requests for transcripts prior to
				the initial decision shall be directed to the judge and that all requests for
				transcripts after the initial decision shall be directed to the transmitting
				agency; and
4. Whether any portions
				of the audio tapes of the proceeding may not be transcribed or whether other
				means of safeguarding the trade secret can be utilized when preparing a
				transcript; and
5. The names of
				persons who are authorized to request a transcript; and
6. Whether the entire initial decision,
				transcript, audio tapes, evidence and other related case materials or any part
				thereof must be marked "CONFIDENTIAL" and distributed by hand or certified mail
				in a plain envelope addressed only to a person authorized to receive the secret
				information; and
7. Whether the
				initial decision or any part thereof may be made available to the public in any
				agency's library.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 21 - TRADE SECRET CLAIMS › Subchapter 14 - CONDUCT OF TRADE SECRET CASE › Section 1:21-14.3 - Exceptions to the public hearing policy

Current through Register Vol. 56, No. 14, July 15, 2024
When necessary to prevent the trade secret from being
				  disclosed without authorization, the judge may make an exception to the public
				  hearing requirements of
				  1:1-14.1 and he or she may close
				  the hearing, or any part thereof, and exclude witnesses, or, if necessary,
				  parties from portions of the hearing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 21 - TRADE SECRET CLAIMS › Subchapter 18 - INITIAL DECISIONS; RETURNING THE CASE TO THE TRANSMITTING AGENCY › Section 1:21-18.1 - Delivery of initial decisions, transcripts, audio tapes, evidence and other related case materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless the
				judge otherwise directs in the record sealing order (see
				1:21-14.2 ), the parties to the
				case and the transmitting agency or their designated representatives will be
				telephoned and asked to pick up the initial decision at the judge's chambers at
				the Office of Administrative Law. The indicated date of receipt by the agency
				head, as required by
				52:14B-10(c),
				shall be the second day after the Office of Administrative Law telephones the
				transmitting agency.
(b) Unless the
				judge otherwise directs in the record sealing order, the transmitting agency
				will be telephoned and asked to pick up at the Office of Administrative Law the
				transcript, if any, audio tapes, evidence and other related case materials on
				the same date it is requested to pick up the initial decision.
(c) After returning the case to the
				transmitting agency, the Office of Administrative Law may maintain in the
				Clerk's file only the transmittal form, the notices of filing and hearing and
				the order sealing the record.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.3 - Offices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division of Administrative Rules,
				Office of Administrative Law, is located at Quakerbridge Plaza, Building No. 9,
				PO Box 049, Quakerbridge Road, Trenton, New Jersey 08625-0049.
(b) Hours during which documents may be
				submitted or reviewed are from 9:00 A.M. to 3:00 P.M., Monday through Friday,
				except for State holidays.
(c)
				Information may be obtained by telephoning the following for:
1. Rulemaking information (609)
				689-4012;
2. Document filings (609)
				689-4012; and
3. Administrative
				Code research (609) 689-4012.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.4 - Citations to the Code

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey
				Administrative Code shall be cited as "N.J.A.C."
(b) The citation of a particular section of
				the New Jersey Administrative Code shall include the numerical designations of
				the title, chapter, subchapter, and section referred to, preceded by the
				initials N.J.A.C. As an example, this section would be cited as N.J.A. C.
				1:30-1.4.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.5 - Citations to the Register

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey
				Register shall be cited as "N.J.R."
(b) The citation to material appearing in the
				New Jersey Register shall include the volume number, page number and item
				letter, the volume, and page numbers being separated by the initials, "N.J.R."
				As an example, the second item of page 20 of the January 3, 1995 issue would be
				cited as 27 N.J.R. 20(b).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.6 - Statutory citations in the Code

Current through Register Vol. 56, No. 14, July 15, 2024
Statutory citations will be "N.J.S.A.", the New Jersey
				  Statutes Annotated. This is for the convenience of the public, but the official
				  copy of any statute will be found in the State's unpublished compilation of
				  statutes or in the published pamphlet laws
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.7 - Use of headings

Current through Register Vol. 56, No. 14, July 15, 2024
Title, subtitle, chapter, subchapter, section, article,
				  group, part, and division headings contained in the Register or Code are not
				  part of the rule, but are intrinsic parts of the publication. As such, these
				  headings may be used in interpreting the rule
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.8 - Access to documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every document or a copy thereof
				submitted to the Office of Administrative Law for filing shall be maintained on
				record by the Division of Administrative Rules.
(b) Any person shall, upon request, be
				afforded an opportunity to examine any public document maintained by the
				Division of Administrative Rules during business hours 9:00 A.M. to 3:00 P.M.,
				Monday through Friday, except for State holidays.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.9 - Copies of documents; fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may
				obtain copies of filed documents from the Division of Administrative Rules
				pursuant to the provisions of
				47:1A-5.b.
(b) Original filed documents shall not be
				released from the custody of the Office of Administrative Law.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.10 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
From time-to-time the Office of Administrative Law may adopt
				  as interagency statements the forms and formats that shall be used in rule
				  activities.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.12 - Compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon an initial determination by the OAL
				that any proposed or adopted rule, pre-proposal for a rule, or any notice is
				not in compliance with the technical or procedural requirements concerning
				rulemaking, the OAL may temporarily suspend the processing of that document. In
				such situations, the OAL shall contact the agency to indicate the basis for the
				initial determination of non-compliance. The OAL and the agency shall mutually
				review the initial determination. The OAL shall assist the agency in a
				cooperative effort to obtain compliance.
(b) Upon a determination by the Director that
				a proposed or adopted rule, a pre-proposal for a rule, or a notice does not
				satisfactorily comply with this chapter, the OAL shall not process for
				publication the proposed or adopted rule, pre-proposal for a rule, or any
				notice.
(c) If the OAL determines
				that there is an issue of non-compliance that concerns statutory authority,
				related legal issues, or contested case jurisdiction, it may refer the matter
				to the Office of the Attorney General for advice.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.13 - Invalidation of rule

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that a proposed or adopted rule is suspended or
				  otherwise rendered inoperative or ineffective by Court rule or ruling, by
				  legislative action, or by Executive Order, the Office of Administrative Law
				  shall, upon receipt of notice of the event, prepare and publish a notice in the
				  Register and the Code, as appropriate
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.14 - Publication filing deadlines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				52:14B-7(c), the Director
				will annually issue a schedule for the filing of documents for publication in
				the New Jersey Register. The schedule will set forth, for each Register to be
				published in the following year, the issue publication date, the deadline dates
				for the filing of proposal and adoption notices, and the minimum 30-day and
				60-day comment deadline for proposals. Notices of proposal and pre-proposal, of
				proposal comment period extensions and of proposal public hearings shall be
				filed on or before the proposal filing deadline. Other notices shall be filed
				on or before the adoption deadline.
(b) The filing deadline for the inclusion of
				a document in a particular issue of the Register is on or before 12:00 P.M.
				(noon) on the proposal or adoption deadline date, as appropriate, as specified
				in the publication schedule. Documents filed after the deadline will be
				included in the filed-for Register issue at the discretion of OAL. OAL's
				decision to include a late-filed document will be based upon the length and
				anticipated complexity of the document, the volume and anticipated complexity
				of documents timely filed, and availability of staff. Once a determination is
				made as to the Register issue in which a late-filed document will be published,
				OAL shall so advise the agency.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.15 - Filing of a document

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of
				a document for filing, there shall be electronically added to the header of the
				document: the date received, the Register publication the document is filed
				for, and the proposal or adoption document number, as applicable.
(b) All proposals shall be assigned a
				proposed rule number (PRN) and all adoptions shall be assigned a rule document
				number (R.d.) by the Division of Administrative Rules.