New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 12 - MOTIONS › Section 1:1-12.5 - Motion for summary decision; when and how made; partial summary decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A party may
				move for summary decision upon all or any of the substantive issues in a
				contested case. Such motion must be filed no later than 30 days prior to the
				first scheduled hearing date or by such date as ordered by the judge.
(b) The motion for summary decision shall be
				served with briefs and with or without supporting affidavits. The decision
				sought may be rendered if the papers and discovery which have been filed,
				together with the affidavits, if any, show that there is no genuine issue as to
				any material fact challenged and that the moving party is entitled to prevail
				as a matter of law. When a motion for summary decision is made and supported,
				an adverse party in order to prevail must by responding affidavit set forth
				specific facts showing that there is a genuine issue which can only be
				determined in an evidentiary proceeding. Such response must be filed within 20
				days of service of the motion. A reply, if any, must be filed no later than 10
				days thereafter. If the adverse party does not so respond, a summary decision,
				if appropriate, shall be entered.
(c) Motions for summary decision shall be
				decided within 45 days from the due date of the last permitted responsive
				filing. Any motion for summary decision not decided by an agency head which
				fully disposes of the case shall be treated as an initial decision under
				N.J.A.C. 1:1-18. Any partial summary decision shall be treated as required by
				(e) and (f) below.
(d) If, on
				motion under this section, a decision is not rendered upon all the substantive
				issues in the contested case and a hearing is necessary, the judge at the time
				of ruling on the motion, by examining the papers on file in the case as well as
				the motion papers, and by interrogating counsel, if necessary, shall, if
				practicable, ascertain what material facts exist without substantial
				controversy and shall thereupon enter an order specifying those facts and
				directing such further proceedings in the contested case as are appropriate. At
				the hearing in the contested case, the facts so specified shall be deemed
				established.
(e) A partial summary
				decision order shall by its terms not be effective until a final agency
				decision has been rendered on the issue, either upon interlocutory review
				pursuant to
				1:1-14.1 0 or at the end of the
				contested case, pursuant to
				1:1-18.6. However, at the
				discretion of the judge, for the purpose of avoiding unnecessary litigation or
				expense by the parties, the order may be submitted to the agency head for
				immediate review as an initial decision, pursuant to
				1:1-18.3(c)12. If
				the agency head concludes that immediate review of the order will not avoid
				unnecessary litigation or expense, the agency head may return the matter to the
				judge and indicate that the order will be reviewed at the end of the contested
				case. Within 10 days after a partial summary decision order is filed with the
				agency head, the Clerk shall certify a copy of pertinent portions of the record
				to the agency head.
(f) Review by
				the agency head of any partial summary decision shall not cause delay in
				scheduling hearing dates or result in a postponement of any scheduled hearing
				dates unless the judge assigned to the case orders that a postponement is
				necessary because of special requirements, possible prejudice, unproductive
				effort or other good cause.