reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:12-14.2 - Conduct of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				proceedings shall be fair and impartial and shall be conducted in such manner
				as may be best suited to determine the parties' rights.
(b) The appellate body shall open the hearing
				by ascertaining and summarizing the issue or issues involved in the appeal. The
				parties, their attorneys or representatives may examine or cross-examine
				witnesses, inspect documents, and explain or rebut any evidence. An opportunity
				to present argument shall be afforded the parties, which argument shall be made
				part of the record. Where a party is not represented, the appellate body shall
				give every assistance that does not interfere with the impartial discharge of
				its official duties. The appellate body may examine each party or witness to
				such extent as it deems necessary. All oral testimony shall be under oath or
				affirmation and shall be recorded.
(c) The appellate body may take such
				additional evidence as it deems necessary; provided, that in case such further
				evidence is taken, the parties shall be given proper notice of the time and
				place of such further hearing.
(d)
				The appellate body, in its discretion, may refuse to allow to appear before it
				any person who engages in misconduct at a hearing or who intentionally or
				repeatedly fails to observe the provisions of the Unemployment Compensation Law
				of New Jersey or the rules and regulations of either the Division of
				Unemployment Insurance or the Division of Temporary Disability
				Insurance.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:12-14.3 - Appeals hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All appeals
				to the Board of Review may be heard upon the evidence in the record made before
				the appeal tribunal, or the Board of Review may direct the taking of additional
				evidence before it.
(b) In the
				hearing of an appeal on the record, the Board of Review may limit the parties
				to oral argument or the filing of written argument, or both. If, in the
				discretion of the Board of Review, additional evidence is necessary to enable
				it to determine the appeal, the parties shall be notified by the Board of
				Review of the time and place such evidence will be taken. Any party to any
				proceeding in which testimony is taken may present such evidence as may be
				pertinent to the issue.
(c) The
				Board of Review, in its discretion, may remand any claim or any issue involved
				in a claim to an appeal tribunal for the taking of such additional evidence as
				the Board of Review may deem necessary. Such testimony shall be taken by the
				appeal tribunal in the manner prescribed for the conduct of hearings on appeals
				before appeal tribunals. Upon the completion of the taking of evidence by an
				appeal tribunal pursuant to the direction of the Board of Review, the claim or
				the issue involved in such claim shall be returned to the Board of Review for
				its decision upon the entire record, including the evidence before the appeal
				tribunal and such additional evidence and such oral argument as the Board of
				Review may permit before it.
(d)
				The Board of Review, in its discretion, may remand any claim or any issue
				involved in a claim to an appeal tribunal for the taking of additional evidence
				and a decision or may remand for a new decision only.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:12-14.4 - Failure to appear

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				appellant fails to appear for a hearing before an appeal tribunal, the appeal
				tribunal may proceed to make its decision on the record or may dismiss the
				appeal on the ground of nonappearance unless it appears that there is good
				cause for adjournment.
(b) If an
				appeal tribunal issued an order of dismissal for nonappearance of the
				appellant, the chief appeals examiner shall, upon application made by such
				appellant, within six months after the making of such order of dismissal, and
				for good cause shown, set aside the order of dismissal and shall reschedule
				such appeal for hearing in the usual manner. An application to reopen an appeal
				made more than six months after the making of such order of dismissal may be
				granted at the discretion of the chief appeals examiner.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:12-14.5 - Scheduling of hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hearings
				before the Board of Review or Appeal Tribunal may be conducted in-person or by
				telephone. A telephone hearing, which means a hearing at which any party,
				witness, representative or attorney appears via telephone, may be initiated by
				the Board of Review or the Appeal Tribunal or upon the request of any party
				with the consent of the Board of Review or the Appeal Tribunal. Both in-person
				and telephone hearings shall be subject to the rules governing hearings and
				appeals in this chapter.
(b) The
				Board of Review or Appeal Tribunal will schedule telephone hearings:
1. When it appears from the record that a
				party or necessary witness is located more than 50 miles from the location from
				which the Board of Review or Appeal Tribunal will conduct the
				hearing;
2. When a party or witness
				cannot appear in person because of a physical, medical or other compelling
				reason;
3. For good cause shown on
				a case-by-case basis ; or
4. For
				the administrative expedience of the Board of Review or Appeal
				Tribunal.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:12-14.6 - Conduct of telephone hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board
				of Review or appeal tribunal, at the inception of the hearing, shall advise all
				participants that the proceedings are being recorded.
(b) Any party who fails to appear at the
				scheduled telephone hearing shall meet the requirements of
				1:12-18.4 before any reopening of
				the hearing shall be granted.
(c)
				The Board of Review or appeal tribunal shall permit the parties, attorneys or
				other representatives a reasonable opportunity to question any witness
				testifying via telephone for the purpose of verifying the identity of such
				witness.
(d) Any party that intends
				to offer documentary or physical evidence at the telephone hearing shall submit
				a copy of that evidence to the Board of Review or appeal tribunal and all other
				interested parties immediately upon receipt of notice of the scheduled
				telephone hearing. Also, the requesting party shall provide timely notice of
				this request to offer evidence to all other interested parties.
1. Any evidence not submitted as required in
				this subsection may be admitted at the discretion of the Board of Review or the
				appeal tribunal provided that such evidence is submitted to the Board of Review
				or appeal tribunal and all other parties within 24 hours of the telephone
				hearing.
2. The other parties shall
				have 24 hours from the time of receipt of the evidence to properly respond to
				its admission and use.
3. Upon
				review of the evidence, the Board of Review or the appeal tribunal shall
				determine if the telephone hearing shall be continued.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:12-14.7 - Disqualification of members of appeal tribunals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No member
				of an appeal tribunal shall participate in the hearing of any appeal in which
				the member has an interest.
(b)
				Challenges to the interest of any member of an appeal tribunal may be heard and
				decided by the chief appeals examiner of the appeal tribunal, or, in the chief
				appeals examiner's discretion, referred to the Board of Review.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:12-14.8 - Hearing appeals on own motion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within the
				legal time limit for appeal following a decision by an appeal tribunal and in
				the absence of the filing by any of the parties to the decision of the appeal
				tribunal of a notice of appeal, the Board of Review, on its own motion, may
				remove such decision to itself and may either decide the case on the record
				below or may remand the decision to the appeal tribunal or may schedule a
				hearing before the Board of Review or order the parties to appear before it for
				a hearing on the claim or any issue involved therein.
(b) Such hearings shall be held only after
				five days' prior notice to the parties to the decision of the appeal tribunal,
				and shall be heard in the manner prescribed for the conduct of hearings before
				the Board of Review.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:12-14.9 - Case transfer on own motion

Current through Register Vol. 56, No. 14, July 15, 2024
The Board of Review may, on its own motion, remove to itself
				  or transfer to another Appeal Tribunal any case pending before an appeal
				  tribunal for hearing and decision.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 15 - EVIDENCE › Section 1:12-15.1 - General rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				exhibits admitted into evidence shall be properly identified, appropriately
				marked and retained as part of the record.
(b) Hearsay evidence shall be admissible and
				accorded whatever weight the examiner deems relevant, appropriate, and
				reasonable under the circumstances. Notwithstanding the admissibility of
				hearsay evidence, the decision as rendered must be supported by sufficiently
				substantial and legally competent evidence to provide assurance of reliability
				and to avoid the fact or appearance of arbitrariness.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 15 - EVIDENCE › Section 1:12-15.2 - Stipulations

Current through Register Vol. 56, No. 14, July 15, 2024
The parties to an appeal, with the consent of the appellate
				  body, may stipulate in writing the facts involved. The appellate body may
				  decide the appeal on the basis of such stipulation, or, in its discretion, may
				  set the appeal down for hearing and take such further evidence as it deems
				  necessary to enable it to determine the appeal.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 18 - DECISIONS › Section 1:12-18.1 - Decisions of appeal tribunals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of
				all decisions concerning unemployment compensation benefits and State plan
				temporary disability or State plan family leave insurance claims and the
				reasons therefore shall be mailed to the claimant and to all other parties to
				the appeal and shall include or be accompanied by a notice specifying the
				appeal rights of the parties. The notice of appeal rights shall state clearly
				the place and manner for taking an appeal from the decision and the period
				within which an appeal may be taken.
(b) The decision shall be in the following
				form:
1. The first section shall indicate the
				party appealing, the determination appealed from, the date of the decision, and
				the date of the initiation of the appeal. The appearances shall be
				noted.
2. The second section shall
				be a recital of the facts upon which the decision is based and shall be
				entitled "Findings of Fact." It shall include among all the pertinent facts the
				date the claim was filed.
3. The
				third section shall be entitled "Opinion" and shall contain the reasons for the
				decision.
4. The fourth section
				shall contain the "Decision." This shall be followed by the signature of the
				examiner. Each decision shall also indicate the date of hearing and
				mailing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 18 - DECISIONS › Section 1:12-18.2 - Decisions of Board of Review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following
				the conclusion of proceedings on an appeal, the Board of Review shall forthwith
				announce its decision with respect to the appeal. The decision shall be in
				writing and signed by at least a majority of the Board of Review. It shall set
				forth the findings of fact of the Board of Review with respect to the matters
				appealed, its opinion and decision. A quorum of the Board of Review must be
				present when any decision is voted.
(b) If a decision of the Board of Review is
				not unanimous, the decision of the majority shall control. The minority may
				file a dissent from such decision, which shall set forth the reasons why it
				fails to agree with the majority.
(c) Copies of all decisions concerning
				unemployment compensation benefits and State plan temporary disability or State
				plan family leave insurance claims shall be mailed by the Board of Review to
				the claimant and to all other parties to the appeal and shall include or be
				accompanied by a notice specifying the appeal rights of the parties. The notice
				of appeal rights shall state clearly the place and manner for taking an appeal
				from the decision and the period within which an appeal may be taken.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 18 - DECISIONS › Section 1:12-18.3 - Correction of determination

Current through Register Vol. 56, No. 14, July 15, 2024
On application duly made or on its own motion, the appellate
				  body may revise a determination of facts and the order, for the purpose of
				  correcting clerical or typographical errors.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 18 - DECISIONS › Section 1:12-18.4 - Reopening Appeal Tribunal decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the
				absence of jurisdiction by the Board of Review, a party to a benefit claim may
				file a request for reopening of an Appeal Tribunal decision if:
1. The party's appeal to the Board of Review
				was dismissed as late without good cause;
2. The party did not appear at the Appeal
				Tribunal hearing for good cause shown;
3. The party is seeking to amend the Appeal
				Tribunal decision due to a mistake in law or computation thereby affecting the
				legal conclusion of the Appeal Tribunal; or
4. The party has new or additional
				evidence.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 18 - DECISIONS › Section 1:12-18.5 - Reopening Board of Review decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A party to
				a benefit claim may file a request for reopening of a Board of Review decision
				within 10 days after the day of mailing of such decision. The requesting party
				shall notify all other parties of such a request for reopening. Such request
				shall not act as a stay of proceedings in the case and shall not suspend the
				payment of benefits. Failure of the Board of Review to act upon a request for
				reopening within 20 days of the date on which it is filed shall constitute a
				denial thereof as of the expiration of that period. Additional time may be
				granted where fraud, newly discovered evidence, or other good cause is
				shown.
(b) Any party, including the
				appellant whose appeal resulted in any affirmation of the appeal tribunal
				decision on the record made by the appeal tribunal, may apply for reopening of
				the Board's decision. If such application is granted all parties will be
				notified if a new hearing is scheduled.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 1 - HEARING APPLICABILITY › Section 1:12A-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter shall apply to private plan
				  temporary disability and private plan family leave insurance cases heard by
				  hearing officers of the Department of Labor and Workforce Development pursuant
				  to 43:21-50(a)  (see
				  also N.J.A.C. 12:18). State plan temporary disability and State plan family
				  leave insurance cases shall be heard by the Board of Review pursuant to
				  43:21-50(b), in
				  accordance with N.J.A.C. 1:12.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 2 - DEFINITIONS › Section 1:12A-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Act" means the Temporary Disability Benefits Law,
				  43:21-25 et seq.
"Division" means the Division of Unemployment Insurance or
				  the Division of Temporary Disability Insurance in the Department of Labor and
				  Workforce Development.
"Hearing officer" means the individual assigned to hear and
				  decide appeals concerning private plan temporary disability and private plan
				  family leave insurance benefits. In so doing, the hearing officer acts as
				  agency head.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 5 - REPRESENTATION › Section 1:12A-5.1 - Representation

Current through Register Vol. 56, No. 14, July 15, 2024
A party may represent himself or herself or may be
				  represented by an attorney or a non-lawyer representative pursuant to R.
				  1:21-1(f)(11). Representation by an attorney shall be at the party's expense.
				  Representation by a non-lawyer representative shall comply with
				  1:1-5.4.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 9 - SCHEDULING › Section 1:12A-9.1 - Informal hearing

Current through Register Vol. 56, No. 14, July 15, 2024
After the filing of a complaint, the Division shall conduct
				  such investigations and informal hearings as may be necessary to determine the
				  facts and settle the issues and, pending a disposition, a formal hearing shall
				  not be scheduled.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 9 - SCHEDULING › Section 1:12A-9.2 - Notice of formal hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				issues raised by the complaint are not otherwise settled, they shall be
				referred to a hearing officer, who shall afford the interested parties thereto
				a reasonable opportunity for a full, fair and impartial hearing, in accordance
				with the procedure required under this chapter.
(b) Written notices of the time and place of
				any hearing shall be given to the claimant and employer, or their authorized
				representatives, insurer or organization paying benefits, and all other parties
				in interest at least five days before the date of hearing, but a shorter notice
				may be given if not prejudicial to the parties.
(c) A party to whom a notice of appeal has
				been sent shall be ready and present with all evidence and necessary witnesses
				at the time and place specified and shall be prepared to dispose of all issues
				and questions involved in the proceeding.
(d) A notice of hearing may be served
				personally or by certified or registered mail or by telegram upon a party or
				his or her duly authorized representative.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 10 - DISCOVERY › Section 1:12A-10.1 - Inspection of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Orders for
				the production or inspection of records of the Division may be issued in any
				proceeding before the hearing officer, but only to the extent necessary for the
				purpose of the proceeding and to enable any party to the proceeding to fully
				discharge his or her obligation or safeguard his or her rights under the
				Act.
(b) A request for the
				production or inspection of records shall be addressed to the hearing officer,
				and shall state clearly the nature of the information desired and the reason
				therefor. The hearing officer may determine whether or not the request shall be
				granted and, if granted, inspection of the records may be allowed or a copy of
				the records furnished.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 11 - SUBPOENAS › Section 1:12A-11.1 - Issuance of subpoenas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing
				officer shall have the power to administer oaths, take depositions, and issue
				subpoenas to compel the attendance of witnesses and the production of books,
				papers, correspondence, memoranda and other records.
(b) Subpoenas to compel the attendance of
				witnesses or production of records shall be issued by the hearing officer only
				upon the showing of the necessity therefor by the party applying for the
				issuance of such subpoena.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 11 - SUBPOENAS › Section 1:12A-11.2 - Witness fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Witness
				fees at the rate of $ 1.00 for each day of attendance upon a hearing in
				response to a subpoena to testify and mileage at the rate of $ 0.25 per mile
				from the residence of the witness to the place of hearing and return, shall be
				paid upon presentation of a voucher signed by the individual entitled thereto
				and properly certified by a member of the hearing officer before whom the
				individual appeared as a witness.
(b) Witness fees at the rate of $ 2.00 for
				each day of attendance upon a hearing in response to a subpoena duces tecum and
				mileage at the rate of $ 0.25 per mile from the residence of the witness to the
				place of hearing and return, shall be paid upon the presentation of a voucher
				signed by the individual entitled thereto and properly certified by the hearing
				officer before whom the individual appeared as a witness.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:12A-14.1 - Conduct of hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing
				before the hearing officer shall be conducted in such order and manner as may
				provide a fair and impartial hearing to ascertain the facts and determine the
				rights of parties.
(b) At such
				hearing, evidence exclusive of ex parte affidavits may be produced by any
				party, but the hearing officer shall not be bound by the rules of
				evidence.
(c) The hearing officer
				shall open the hearing by ascertaining the facts and summarizing the issues
				involved on the record.
(d) Any
				individual who is a party, or an attorney or non-attorney representing a party,
				may examine or cross-examine witnesses, inspect documents and explain or rebut
				any evidence. The hearing officer may examine each party or witness to such
				extent as he or she deems necessary.
(e) Any number of proceedings before the
				hearing officer may be consolidated for the purpose of hearing when the facts
				and circumstances are similar in nature and the rights of any party will not be
				prejudiced thereby. Notice of such consolidation shall be given to the parties
				or their representatives.
(f) All
				testimony at a hearing shall be under oath or affirmation and recorded, but
				need not be transcribed unless the order on the disputed claim is to be
				reviewed.
(g) The hearing officer
				may take additional evidence as he or she deems necessary, provided the parties
				shall be given proper notice of the time and place of hearing.
(h) The parties may stipulate the facts and
				issues involved and based thereon the hearing officer may make a determination
				and an order disposing of the issues which shall be final and binding.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:12A-14.2 - Dismissal of complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After due
				notice of the time and place of hearing or an adjourned hearing, if any party
				fails or neglects to appear, the issues may be decided upon the basis of the
				evidence available, the complaint may be dismissed or evidence may be taken
				from the parties and witnesses appearing and the case disposed of in accordance
				with such evidence. A complaint may be dismissed for failure to prosecute
				without good cause within a reasonable time. All parties shall be notified of
				the dismissal and the reasons therefor.
(b) Any complaint dismissed by reason of the
				failure to appear at a scheduled hearing or failure to prosecute may be
				reconsidered by the hearing officer provided good cause is shown for such
				failure and an application for reopening the proceeding is made within 10 days
				after mailing or notification of the order of dismissal.
(c) A pending complaint, with the approval of
				the hearing officer, may be withdrawn by the complainant, in writing, or orally
				at the time of hearing. All parties to the proceeding shall be notified of the
				withdrawal.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 15 - DECISIONS › Section 1:12A-15.1 - Rendition of decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				completion of any hearing, the hearing officer shall promptly make a
				determination of facts, and a signed written order disposing of the issues
				presented, which shall be final and binding on the claimant, the employer, the
				insurer, the organization paying benefits and all other parties. The decision
				shall set forth a statement of the facts involved, the reasons and the
				order.
(b) A copy of such order
				shall be served upon each of the parties or their duly authorized
				representatives by registered mail, addressed to his or her last known
				address.
(c) The order of the
				hearing officer shall be final and benefits paid or denied in accordance with
				the order.
(d) Any appeal of the
				order shall be in accordance with the Rules of Court.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12A - PRIVATE PLAN TEMPORARY DISABILITY AND PRIVATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 15 - DECISIONS › Section 1:12A-15.2 - Correction of determination

Current through Register Vol. 56, No. 14, July 15, 2024
On application duly made or on his or her own motion, the
				  hearing officer may revise a determination of facts and the order, for the
				  purpose of correcting clerical or typographic errors.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13 - MOTOR VEHICLE COMMISSION CASES › Subchapter 1 - APPLICABILITY › Section 1:13-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules of this chapter shall apply to
				hearings transmitted by the Motor Vehicle Commission (MVC) except fatal
				accident cases, which shall be conducted in accordance with
39:5-30(b)
and (e) and
1:13-14.5
.
(b) 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 13 - MOTOR VEHICLE COMMISSION CASES › Subchapter 4 - AGENCY RESPONSIBILITY BEFORE TRANSMISSION TO THE OFFICE OF ADMINISTRATIVE LAW › Section 1:13-4.1 - Agency conference; failure to reach settlement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Motor Vehicle Commission shall, pursuant to
				13:19-1.2, conduct a conference in
				any case where the hearing request sets forth disputed material facts which the
				licensee intends to raise at the hearing. The conference shall be conducted
				pursuant to
				13:19-1.3 through
				13:19-1.8. If the hearing request
				does not set forth disputed material facts but does present legal issues and
				arguments, the Chief Administrator of the MVC may decide the case based upon
				the written record, may schedule a conference pursuant to
				13:19-1.3 through
				13:19-1.8 or may transmit the
				matter directly to the OAL for a hearing.
(b) If settlement is not reached, the parties
				shall use the conference to prepare the issues and evidence for the hearing,
				including:
1. Ascertaining whether the
				licensee disputes any facts recorded on the licensee's record abstract issued
				by MVC, and, if so, which facts and on what basis;
2. Ascertaining whether the licensee disputes
				the severity of the action proposed by MVC, and, if so, on what
				basis;
3. Ascertaining any
				discovery needs of the licensee; and
4. Ascertaining in excessive points cases
				whether the licensee is entitled to a time credit and, if so, the length
				thereof.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13 - MOTOR VEHICLE COMMISSION CASES › Subchapter 10 - DISCOVERY › Section 1:13-10.1 - Discovery in excessive points and persistent violator cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Discovery
				in excessive points and persistent violator cases shall be limited to the
				records of MVC with respect to the case. The records shall include a certified
				copy of the licensee's driving record abstract, relevant notices and orders of
				suspension, and certified proof of relevant mailings to the licensee.
(b) MVC shall supply the licensee with a copy
				of the records set forth in
				1:13-10.1(a).
(c) The licensee may make any discovery
				request either as part of the licensee's request to MVC for a hearing or at any
				pretransmission conference conducted by MVC.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13 - MOTOR VEHICLE COMMISSION CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:13-14.3 - Agency case

Current through Register Vol. 56, No. 14, July 15, 2024
In excessive points and persistent violator cases, MVC's case
				  will be based on the licensee's driving record, a prehearing conference report,
				  relevant notices and orders of suspension, certified proof of relevant mailings
				  to the licensee, and any other documentary evidence or legal briefs
				  necessary.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13 - MOTOR VEHICLE COMMISSION CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:13-14.5 - Failure to appear

Current through Register Vol. 56, No. 14, July 15, 2024
If, after appropriate notice, the licensee fails to appear at
				  a preliminary fatal accident hearing scheduled pursuant to
39:5-30
, the judge shall
				  issue an order immediately suspending or continuing the suspension of the
				  licensee's driving privileges. Thereafter, the provisions of
1:1-14.4
shall
				  apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 1 - APPLICABILITY › Section 1:13A-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The special rules in this chapter shall apply to matter
				  transmitted to the Office of Administrative Law (OAL) by the Division of
				  Consumer Affairs (Division) wherein a consumer of a motor vehicle or of a
				  motorized wheelchair seeks a refund or replacement of the vehicle from a
				  manufacturer under the provisions of the New Jersey Lemon Law,
				  56:12-29 et seq. and of
				  56:12-75. These special rules must
				  be read in conjunction with the Division of Consumer Affairs' rules on dispute
				  resolution at
				  13:45A-26.1 through 26.17. Any
				  aspect of the OAL 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 special rules are inconsistent with the
				  U.A.P.R., these rules shall apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 1 - APPLICABILITY › Section 1:13A-1.2 - Presumptions

Current through Register Vol. 56, No. 14, July 15, 2024
An initial decision mailed pursuant to these rules shall be
				  presumed to be received three days after mailing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 8 - FILING AND TRANSMISSION OF CONTESTED CASES IN THE OFFICE OF ADMINISTRATIVE LAW › Section 1:13A-8.1 - Agency filing with the Office of Administrative Law

Current through Register Vol. 56, No. 14, July 15, 2024
Immediately after accepting a consumer's application for
				  dispute resolution under
				  13:45A-26.1 0(c), the matter shall
				  be transmitted to the Office of Administrative Law. The division shall not
				  attempt to settle the case before transmitting the matter to the OAL.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 9 - SCHEDULING; CLERK'S NOTICES; ADJOURNMENTS; INACTIVE LIST › Section 1:13A-9.1 - Scheduling of summary proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
Upon acceptance of a consumer's application for dispute
				  resolution, the Division and the Office of Administrative Law shall immediately
				  arrange a summary hearing date which, to the greatest extent possible, shall be
				  convenient to all parties. Unless the consumer agrees to a later date, the
				  summary hearing shall be no later than 20 days from the date of acceptance of
				  the consumer's application.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 9 - SCHEDULING; CLERK'S NOTICES; ADJOURNMENTS; INACTIVE LIST › Section 1:13A-9.2 - Clerk's notices

Current through Register Vol. 56, No. 14, July 15, 2024
The Clerk shall send a written notice of filing and summary
				  hearing to each party.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 10 - DISCOVERY › Section 1:13A-10.1 - Discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				consumer's application for dispute resolution, the required attachments and the
				manufacturer's response shall be provided as specified by
				13:45A-26.1 0(b) and
				(f).
(b) No other discovery shall
				be permitted.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 12 - MOTIONS › Section 1:13A-12.1 - Limitations on prehearing motions

Current through Register Vol. 56, No. 14, July 15, 2024
Except for a motion for adjournment to which the consumer
				  has consented, a party may not file any motion before the scheduled date of
				  hearing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 13 - PREHEARING CONFERENCES AND PROCEDURES › Section 1:13A-13.1 - Prehearing conferences

Current through Register Vol. 56, No. 14, July 15, 2024
Prehearing conferences will not be scheduled in any
				  proceeding conducted under this chapter.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 14 - CONDUCT OF CASES › Section 1:13A-14.1 - Failure to appear

Current through Register Vol. 56, No. 14, July 15, 2024
If a party fails to appear at any proceeding scheduled by
				  the Clerk or judge, the provisions of
				  1:1-14.4 shall apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 14 - CONDUCT OF CASES › Section 1:13A-14.2 - Conduct of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				modified by
				1:13A-14.3, the hearing shall be
				conducted pursuant to the provisions of
				1:1-14.7(a) through
				(e).
(b) There shall be no proposed findings of
				fact, conclusions of law, briefs, forms of order or other posthearing
				submissions permitted after the final argument except if permitted by the judge
				for good cause. In no event shall the submission of posthearing documents
				extend the 20 days permitted for issuing an initial decision.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 14 - CONDUCT OF CASES › Section 1:13A-14.3 - Burden of producing evidence

Current through Register Vol. 56, No. 14, July 15, 2024
The consumer shall first present his or her evidence. The
				  manufacturer may then present any contradictory evidence or argument and
				  affirmative defenses as set forth in the statute.
LAW REVIEWS AND JOURNAL COMMENTARIES:
Expert testimony not required in Lemon Law suits, court says.
				  Matt Ackermann, 150 N.J.L.J. 609 (1997).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 14 - CONDUCT OF CASES › Section 1:13A-14.4 - Proof of fees and costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the
				hearing in a matter concerning a motor vehicle, the consumer shall present
				proof of any costs incurred in preparing for the hearing. If the consumer is
				represented, the consumer's attorney shall also present a certified statement
				of fees to date and a statement of the hourly rate or other fee for appearing
				at the hearing.
(b) A prevailing
				consumer in a matter concerning a motor vehicle shall be awarded the following
				fees and costs: reasonable attorney's fees, filing fee, fees for reports
				prepared by expert witnesses or for the appearance and testimony of expert
				witnesses.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:13A-18.1 - Initial decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An initial
				decision shall be issued in writing no later than 20 days from the conclusion
				of the hearing.
(b) The initial
				decision shall include a caption; date record closed; appearances by the
				parties and representatives, if any; statement of the case; brief summary of
				findings of fact and conclusion of law and reasons therefor; appropriate
				remedies, and specific dates for completion of all awarded remedies. In a case
				concerning a motor vehicle, if the decision concludes that the consumer is the
				prevailing party, the initial decision shall also include an award of
				reasonable attorney's fees and other costs.
(c) The initial decision shall be mailed
				promptly to the agency head and to the parties.
(d) Within four days after the initial
				decision is mailed to the agency head, the Clerk shall certify the entire
				record with original exhibits to the agency head.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:13A-18.2 - Exceptions; replies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a party
				wishes to take exception to the initial decision, such exception must be
				submitted in writing to the Director of the Division of Consumer Affairs, the
				judge and to all parties. Exceptions must be received by the Division of
				Consumer Affairs no later than eight days after the initial decision was mailed
				to the parties. Exceptions shall not exceed three pages in length. In all other
				respects, exceptions shall conform to the requirements of
				1:1-18.4(b) and
				(c).
(b) No replies or cross-exceptions shall be
				permitted.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:13A-18.3 - Final decision

Current through Register Vol. 56, No. 14, July 15, 2024
The Director of the Division of Consumer Affairs shall issue
				  a final decision which shall adopt, reject or modify the initial decision no
				  later than 15 days from receipt of the initial decision. Unless a final
				  decision is issued within the 15 day period, the initial decision shall be
				  deemed adopted as the final decision and the requirements and penalties of
				  13:45A-26.1 2(c) and (d) and
				  13:45A-26.1 3 shall apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:13A-18.4 - Extensions of time limits

Current through Register Vol. 56, No. 14, July 15, 2024
Time limits for filing an initial decision and for issuing a
				  final decision shall not be extended.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 13A - DIVISION OF CONSUMER AFFAIRS LEMON LAW HEARINGS › Subchapter 19 - SETTLEMENTS AND WITHDRAWALS › Section 1:13A-19.1 - Settlements

Current through Register Vol. 56, No. 14, July 15, 2024
If a case involving a motor vehicle is settled, the
				  settlement shall indicate whether attorney's fees and other costs will be paid
				  by the manufacturer to the consumer or whether such fees and costs have been
				  waived by the consumer.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 14 - BOARD OF PUBLIC UTILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 1:14-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The special rules in this chapter shall apply to contested
				  case hearings arising before the Board of Public Utilities (BPU). 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 special rules are inconsistent with the U.A.P.R., these
				  rules shall apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 14 - BOARD OF PUBLIC UTILITIES › Subchapter 2 - DEFINITIONS › Section 1:14-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Judge" means an administrative law judge, the BPU or a
				  single Commissioner of the BPU who presides over a contested case under
				  48:2-32.
"Public hearing" means a hearing conducted pursuant to
				  52:14B-4(g) 
				  because the law requires the hearing in conjunction with the contested case. It
				  is not an "evidentiary hearing" or "plenary hearing" as defined in
				  1:1-2.1. It is a hearing to which
				  the public is specifically invited to attend and express views, to provide
				  comments or to raise objections to the subject matter being considered.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 14 - BOARD OF PUBLIC UTILITIES › Subchapter 5 - REPRESENTATION › Section 1:14-5.1 - Appearance by the BPU

Current through Register Vol. 56, No. 14, July 15, 2024
The BPU may be represented by a deputy attorney general or a
				  non-lawyer agency employee pursuant to
				  1:1-5.4(a).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 14 - BOARD OF PUBLIC UTILITIES › Subchapter 8 - TRANSMISSION OF CONTESTED CASES TO THE OFFICE OF ADMINISTRATIVE LAW › Section 1:14-8.1 - Transmittal to the OAL

Current through Register Vol. 56, No. 14, July 15, 2024
In the transmittal form, as required by
				  1:1-8.2, the BPU shall indicate
				  whether it will be a party to the proceeding and whether it will be represented
				  by an agency employee pursuant to
				  1:1-5.4(a)  or a
				  deputy attorney general.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 14 - BOARD OF PUBLIC UTILITIES › Subchapter 9 - SCHEDULING; NOTICES › Section 1:14-9.1 - Notice of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				receiving notice of the time, date and place of hearing from the Clerk, in
				accordance with
				48:3-17.7 a petitioner who has
				filed for authority to exercise the power of eminent domain shall give each
				respondent whose name and address is known at least 20 days notice of the
				hearing. At least five days prior to the hearing date, the petitioner shall
				file with the judge proof of such notice pursuant to
				1:1-7.2.
(b) In any proceeding, the judge may require
				a party to give notice of the hearing and its scope to persons who may be
				affected by the proceeding, which may include publication and posting of notice
				of hearing, at such party's expense, in such manner and for such time and in
				such newspapers as the judge may designate.