reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 17 - CONSOLIDATION OF TWO OR MORE CASES; MULTIPLE AGENCY JURISDICTION CLAIMS; DETERMINATIONS OF PREDOMINANT INTEREST › Section 1:1-17.3 - Standards for consolidation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In ruling
				upon a motion to consolidate, the judge shall consider:
1. The identity of parties in each of the
				matters;
2. The nature of all the
				questions of fact and law respectively involved;
3. To the extent that common questions of
				fact and law are involved, the saving in time, expense, duplication and
				inconsistency which will be realized from hearing the matters together and
				whether such issues can be thoroughly, competently, and fully tried and
				adjudicated together with and as a constituent part of all other issues in the
				two cases;
4. To the extent that
				dissimilar questions of fact or law are present, the danger of confusion, delay
				or undue prejudice to any party;
5.
				The advisability generally of disposing of all aspects of the controversy in a
				single proceeding; and
6. Other
				matters appropriate to a prompt and fair resolution of the issues, including
				whether a case still pending in an agency is contested or is ripe to be
				declared contested.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 17 - CONSOLIDATION OF TWO OR MORE CASES; MULTIPLE AGENCY JURISDICTION CLAIMS; DETERMINATIONS OF PREDOMINANT INTEREST › Section 1:1-17.4 - Review of orders to consolidate cases from a single agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (b) below, orders granting or denying the consolidation of cases
				commenced before a single State agency shall be subject to
				1:1-14.1 0.
(b) An order consolidating any matter
				commenced before a single agency but not transmitted to the Office of
				Administrative Law shall be forwarded to the agency head for review.
1. The agency head's review of the judge's
				order shall be completed no later than 45 days from the entry of the judge's
				order, except when, for good cause shown and upon notice to all parties, the
				time period is extended by the joint action of the Director of the Office of
				Administrative Law and the agency head. Where the agency head does not act on
				review of the judge's order within 45 days, the judge's order shall be deemed
				adopted.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 17 - CONSOLIDATION OF TWO OR MORE CASES; MULTIPLE AGENCY JURISDICTION CLAIMS; DETERMINATIONS OF PREDOMINANT INTEREST › Section 1:1-17.5 - Multiple agency jurisdiction claims; standards for determining predominant interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				motion to consolidate pertains to contested cases filed with two or more State
				agencies which are asserting jurisdiction, the judge shall determine which
				agency, if any, has the predominant interest in the conduct and outcome of the
				matter. In determining this question, the following factors shall be weighed:
1. Whether more than one agency asserting
				jurisdiction over a common issue has jurisdiction over the issue, and if more
				than one agency has jurisdiction, whether the jurisdiction is mandatory for one
				of the agencies;
2. Whether the
				common issue before the two agencies is, for either agency, the sole, major or
				dominant issue in dispute and whether its determination would either serve to
				moot the remaining questions or to affect substantially their
				resolution;
3. Whether the
				allegations involve issues and interests which extend beyond the immediate
				parties and are of particular concern to one or the other agency;
4. Whether the claims, if ultimately
				vindicated, would require specialized or particularized remedial relief
				available in one agency but not the other;
5. Whether the common issue is clearly
				severable from the balance of the controversy and thus will permit
				non-duplicative factual and legal determinations by each agency.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 17 - CONSOLIDATION OF TWO OR MORE CASES; MULTIPLE AGENCY JURISDICTION CLAIMS; DETERMINATIONS OF PREDOMINANT INTEREST › Section 1:1-17.6 - Determination of motions involving consolidation of cases from multiple agencies; contents of order; exempt agency conduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In motions
				concerning multiple agencies, the judge shall initially determine the
				consolidation question. If consolidation is to be ordered, then a predominant
				interest determination must also be rendered in the consolidation order. If
				particular issues in the entire controversy are clearly severable, the judge's
				consolidation order shall specify which agency shall decide each such issue.
				Motions for consolidation involving predominant interest determinations must be
				decided within 45 days from the date of submission.
(b) If one agency is determined to have a
				predominant interest, that agency shall render the final decision on all issues
				within the scope of its predominant interest. The judge in the consolidation
				order shall specify the issues relating to the predominant issue and shall
				clearly identify the agency having the authority to issue a final decision on
				those issues.
(c) If there are
				requests for relief which may not be granted by the agency with the predominant
				interest, the judge shall in the consolidation order specify clearly which
				determinations by the agency with the predominant interest shall bind the
				agency subsequently considering any applications for relief.
(d) When an agency exempt under
				52:14F-8(a)  is
				determined to have a predominant interest in a contested case, the matter shall
				be heard by an administrative law judge unless the exempt agency decides, in
				its final order reviewing the judge's consolidation order to have the matter
				heard by its own personnel. If the exempt agency decides to have its own
				personnel hear the matter, but the hearer does not have jurisdiction over all
				issues within the scope of the agency's predominant interest, the hearer shall
				be designated a special administrative law judge as provided by
				52:14F-6(b).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 17 - CONSOLIDATION OF TWO OR MORE CASES; MULTIPLE AGENCY JURISDICTION CLAIMS; DETERMINATIONS OF PREDOMINANT INTEREST › Section 1:1-17.7 - Review of orders involving consolidation of cases from multiple agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All orders
				granting or denying consolidation of cases commenced before multiple agencies
				shall be forwarded by the Office of Administrative Law to the respective agency
				heads for their review.
(b) The
				agency head's review of the judge's order shall be completed no later than 45
				days from the entry of the judge's order, except when, for good cause shown and
				upon notice to all parties, the time period is extended by the joint action of
				the Director of the Office of Administrative Law and the agency head. Where the
				agency head does not act on review of the judge's order within 45 days, the
				judge's order shall be deemed adopted.
(c) Agency heads considering a judge's
				consolidation order are encouraged to consult and coordinate with each other
				before issuing a final order.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 17 - CONSOLIDATION OF TWO OR MORE CASES; MULTIPLE AGENCY JURISDICTION CLAIMS; DETERMINATIONS OF PREDOMINANT INTEREST › Section 1:1-17.8 - Initial decision in cases involving a predominant interest; order of review; extension of time limits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The judge
				in a consolidated case involving a predominant interest shall consider all the
				issues and arguments in the case and shall render a single initial decision in
				the form prescribed by N.J.A.C. 1:1-18, disposing of all the issues in
				controversy.
(b) The initial
				decision shall be filed first with the agency which has the predominant
				interest. After rendering its final decision, the agency with the predominant
				interest shall transmit the record, including the initial decision and its
				final decision, to the other agency which may subsequently render a final
				decision on any remaining issues and consider any specific remedies which may
				be within its statutory grant of authority.
(c) Upon transmitting the record, the agency
				with the predominant interest shall pursuant to
				1:1-18.8 request an extension to
				permit the rendering of a final decision by the agency which does not have the
				predominant interest.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:1-18.1 - Initial decision in contested cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in
				1:1-18.9, when a case is not heard
				directly by an agency head, the judge shall issue an initial decision which
				shall be based exclusively on:
1. The
				testimony, documents, and arguments accepted by the judge for consideration in
				rendering a decision;
2.
				Stipulations; and
3. Matters
				officially noticed.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:1-18.2 - Oral initial decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The judge
				may render the initial decision orally in any case where the judge determines
				that the circumstances appropriately permit an oral decision and the questions
				of fact or law are sufficiently non-complex.
(b) The decision shall be issued,
				transcribed, filed with the agency head and mailed to the parties with an
				indication of the date of receipt by the agency head.
(c) In an oral decision, the judge shall
				identify the case, the parties, and the issue or issues to be decided and shall
				analyze the facts as they relate to the applicable law, and make findings of
				fact, conclusions of law and an appropriate order or disposition of the case.
				The decision shall include the statement at
				1:1-18.3(c)12, and
				the judge shall explain to the parties that the decision is being forwarded to
				the agency head for disposition pursuant to
				52:14B-10, and that exceptions may
				be addressed to the agency head. The judge need not specifically include in the
				oral decision the other material required by
				1:1-18.3(c)  as
				long as it is otherwise contained in the record.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:1-18.3 - Written initial decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an oral
				decision is not issued, the judge shall issue a written initial
				decision.
(b) The written initial
				decision shall be filed with the agency head and shall be promptly served upon
				the parties with an indication of the date of receipt by the agency
				head.
(c) The written initial
				decision shall contain the following elements which may be combined and need
				not be separately discussed:
1. An
				appropriate caption;
2. The
				appearances of the parties and their representatives, if any;
3. A statement of the case;
4. A procedural history and list of hearing
				dates;
5. A statement of the
				issue(s);
6. A factual
				discussion;
7. Factual
				findings;
8. A legal
				discussion;
9. Conclusions of
				law;
10. A disposition;
11. A list of witnesses and of exhibits
				admitted into evidence; and
12. The
				following statement: "This recommended decision may be adopted, modified or
				rejected by (the head of the agency), who by law is empowered to make a final
				decision in this matter. However, if (the head of the agency) does not so act
				in 45 days and unless such time limit is otherwise extended, this recommended
				decision shall become a final decision in accordance with
				52:14B-10."
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:1-18.4 - Exceptions; replies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 13
				days from the date the judge's initial decision was mailed to the parties, any
				party may file written exceptions with the agency head. A copy of the
				exceptions shall be served on all other parties and the judge. Exceptions to
				orders issued under
				1:1-3.2(c)4  shall
				be filed with the Director of the Office of Administrative Law.
(b) The exceptions shall:
1. Specify the findings of fact, conclusions
				of law or dispositions to which exception is taken;
2. Set out specific findings of fact,
				conclusions of law or dispositions proposed in lieu of or in addition to those
				reached by the judge;
3. Set forth
				supporting reasons. Exceptions to factual findings shall describe the
				witnesses' testimony or documentary or other evidence relied upon. Exceptions
				to conclusions of law shall set forth the authorities relied upon.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:1-18.5 - Motions to reconsider and reopen

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Motions to
				reconsider an initial decision are not permitted.
(b) Motions to reopen a hearing after an
				initial decision has been filed must be addressed to the agency head.
(c) Motions to reopen the record before an
				initial decision is filed must be addressed to the judge and may be granted
				only for extraordinary circumstances.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:1-18.6 - Final decision; stay of implementation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 45
				days after the receipt of the initial decision, or sooner if an earlier time
				frame is mandated by Federal or State law, the agency head may enter an order
				or a final decision adopting, rejecting or modifying the initial decision. Such
				an order or final decision shall be served upon the parties and the Clerk
				forthwith.
(b) The agency head may
				reject or modify conclusions of law, interpretations of agency policy, or
				findings of fact not relating to issues of credibility of lay witness
				testimony, but shall clearly state the reasons for so doing. The order or final
				decision rejecting or modifying the initial decision shall state in clear and
				sufficient detail the nature of the rejection or modification, the reasons for
				it, the specific evidence at hearing and interpretation of law upon which it is
				based and precise changes in result or disposition caused by the rejection or
				modification.
(c) The agency head
				may not reject or modify any finding of fact as to issues of credibility of lay
				witness testimony unless it first determines from a review of a record that the
				findings are arbitrary, capricious or unreasonable, or are not supported by
				sufficient, competent, and credible evidence in the record.
(d) An order or final decision rejecting or
				modifying the findings of fact in an initial decision shall be based upon
				substantial evidence in the record and shall state with particularity the
				reasons for rejecting the findings and shall make new or modified findings
				supported by sufficient, competent and credible evidence in the
				record.
(e) If an agency head does
				not reject or modify the initial decision within 45 days and unless the period
				is extended as provided by
				1:1-18.8, the initial decision
				shall become a final decision.
(f)
				When a stay of the final decision is requested, the agency shall respond to the
				request within 10 days.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:1-18.7 - Remand; procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An agency
				head may enter an order remanding a contested case to the Office of
				Administrative Law for further action on issues or arguments not previously
				raised or incompletely considered. The order of remand shall specifically state
				the reason and necessity for the remand and the issues or arguments to be
				considered. The remand order shall be attached to a
				1:1-8.2 transmittal form and
				returned to the Clerk of the Office of Administrative Law along with the case
				record.
(b) The judge shall hear
				the remanded matter and render an initial decision.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 18 - INITIAL DECISION; EXCEPTIONS; FINAL DECISION; REMAND; EXTENSIONS OF TIME LIMITS › Section 1:1-18.9 - Final decisions by administrative law judges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the head of an agency determines
				that the decision or recommended report of the administrative law judge, in a
				case or in a class of cases, will serve as the final agency decision, the head
				of agency shall file with the Director a written order describing the case or
				class of cases. The order shall apply to all cases described therein commenced
				with the agency after the order's issuance.
(b) For all cases in (a) above, the decision
				of the administrative law judge shall be the final agency decision on the
				matter and it will be deemed adopted by the head of agency on the date the
				decision is filed with the agency. The head of agency shall not have the
				opportunity to reject or modify the administrative law judge's recommended
				report or decision.
(c) The order
				delegating final decisions may be rescinded or modified by order filed by the
				head of agency with the Director. The rescission or modification shall be
				effective for all cases filed with the agency after the rescission or
				modification order is filed with the Director.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 19 - SETTLEMENTS AND WITHDRAWALS › Section 1:1-19.1 - Settlements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the
				parties to a case wish to settle the matter, and the transmitting agency is not
				a party, the judge shall require the parties to disclose the full settlement
				terms:
1. In writing, by consent order or
				stipulation signed by all parties or their attorneys; or
2. Orally, by the parties or their
				representatives.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 19 - SETTLEMENTS AND WITHDRAWALS › Section 1:1-19.2 - Withdrawals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A party may
				withdraw a request for a hearing or a defense raised by notifying the judge and
				all parties. Upon receipt of such notification, the judge shall discontinue all
				proceedings and return the case file to the Clerk. If the judge deems it
				advisable to state the circumstances of the withdrawal on the record, the judge
				may enter an initial decision memorializing the withdrawal and returning the
				matter to the transmitting agency for appropriate disposition.
(b) When a party withdraws, the Clerk shall
				return the matter to the agency which transmitted the case to the Office of
				Administrative Law for appropriate disposition.
(c) After the Clerk has returned the matter,
				a party shall address to the transmitting agency head any motion to reopen a
				withdrawn case.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 20 - ALTERNATIVE DISPUTE RESOLUTION BY THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-20.1 - Scheduling of alternative dispute resolution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Director may assign an administrative law judge or other personnel to conduct
				mediation or other forms of alternative dispute resolution with regard to any
				matter filed with the Office of Administrative Law.
(b) Mediation may be scheduled, at the
				discretion of the Director, when requested by the transmitting agency, or by
				all parties to a hearing or when requested by an agency with regard to a matter
				which has not been transmitted as a contested case. Mediation may be scheduled
				in any matter where the transmitting agency has a mediation program available
				to the parties to the case only upon request of the agency head for good cause
				and with the consent of the Director.
(c) When a request for mediation is granted,
				the Office of Administrative Law shall supply the parties with a list
				containing not less than six administrative law judges as suggested mediators.
				Each party may strike two judges from the list and the Office of Administrative
				Law will not assign any judge who has been stricken from the list to conduct
				the mediation. The Office of Administrative Law shall notify the parties of the
				assigned mediator.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 20 - ALTERNATIVE DISPUTE RESOLUTION BY THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-20.2 - Conduct of mediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mediation
				shall be conducted in accordance with the following procedures:
1. Discovery to prepare for mediation shall
				be permitted at the discretion of the judge.
2. All parties to the mediation shall make
				available for the mediation a person who has authority to bind the party to a
				mediated settlement.
3. Parties may
				not use any information gained solely from the mediation in any subsequent
				proceeding.
4. Parties may not
				subpoena the mediator for any subsequent proceeding.
5. Parties may not disclose to any
				subsequently assigned judge the content of the mediation discussion.
6. Parties shall mediate in good
				faith.
7. Any agreement of the
				parties derived from the mediation shall be binding on the parties and will
				have the effect of a contract in subsequent proceedings.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 20 - ALTERNATIVE DISPUTE RESOLUTION BY THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-20.3 - Conclusion of mediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				transmitting agency is a party to the mediation, successful mediation shall be
				concluded by a mediation agreement.
(b) If the transmitting agency is not a
				party, successful mediation shall be concluded by initial decision. The initial
				decision shall be issued and received by the agency head as soon as practicable
				after the mediation, but in no event later than 45 days thereafter.
(c) If mediation does not result in
				agreement, the matter shall be returned to the Clerk for scheduling appropriate
				proceeding or for return to the transmitting agency.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 21 - UNCONTESTED CASES IN THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-21.1 - Transmission to the Office of Administrative Law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any agency
				head may request under
				52:14F-5(o)  the
				assignment of an administrative law judge to conduct an uncontested case,
				including rule making and investigatory hearings. Public or investigatory
				hearings conducted pursuant to a rulemaking shall proceed in accordance with
				52:14B-4(g). The
				agency head may make such a request by letter and by completing the applicable
				portions of an
				1:1-8.2 transmittal form.
(b) The letter of request and transmittal
				form shall be filed with the Clerk of the Office of Administrative Law,
				together with any attachments, after all pleadings and notice requirements have
				been concluded.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 21 - UNCONTESTED CASES IN THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-21.2 - Discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				other discovery arrangements are requested by the transmitting agency and
				agreed to by the Director of the Office of Administrative Law, discovery in
				uncontested cases shall consist of the following:
1. If an agency or a county/local
				governmental entity is a party to an uncontested case hearing, and the subject
				of the case is the county/local entity's or agency's action, proposed action or
				refusal to act, a party shall be permitted to review the entity's or agency's
				relevant file or files on the matter. Copies of any document in the file or
				files shall be provided to the party upon the party's request and for a
				reasonable copying charge. The agency or county/local entity may refuse to
				disclose any document subject to a bona fide claim of privilege.
2. If the subject of an uncontested case
				hearing is not a county/local entity's or agency's action, proposed action or
				refusal to act, each party shall provide each other party copies of any
				documents and a list with names, addresses and telephone numbers of any
				witnesses including experts which the party intends to introduce at the
				hearing. A summary of the testimony expected to be provided by each witness
				shall be included. These items shall be exchanged at least 10 days prior to the
				hearing, unless the judge determines that the information could not reasonably
				have been disclosed within that time.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 21 - UNCONTESTED CASES IN THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-21.3 - Representation

Current through Register Vol. 56, No. 14, July 15, 2024
In uncontested cases conducted by the Office of
				  Administrative Law, representation shall not be regulated by N.J.A.C.
				  1:1-5.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 21 - UNCONTESTED CASES IN THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-21.4 - Conduct of uncontested cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				other arrangements are requested by the transmitting agency and agreed to by
				the Director of the Office of Administrative Law, uncontested cases shall
				proceed in the following manner:
1.
				Uncontested cases shall begin with the judge reading the case title and the
				docket number, asking the representatives or parties present to state their
				names for the record and stating briefly the matter in dispute. The judge shall
				also, unless all parties are represented by counsel or otherwise familiar with
				the procedures, state the procedural rules for the hearing. The judge may also
				permit any stipulations, settlement agreements or consent orders entered into
				by any of the parties prior to the hearing to be entered into the
				record.
2. In a sequence determined
				by the judge, each party to the proceeding shall be permitted to make a
				presentation setting forth the factual and/or legal basis for its position.
				When the parties are disputing the facts, the judge shall administer an oath to
				any party who wishes to make a presentation. The judge may also permit the
				parties to ask questions, either at the conclusion of each presentation or at
				the conclusion of all presentations, in the manner and to the extent that he or
				she determines most suitable.
3.
				Subject to a bona fide claim of privilege, documents or other tangible items or
				the written statements of an individual may be entered into the record if they
				are helpful to an understanding of the situation.
4. No rules of evidence apply to these
				proceedings.
5. Proposed findings
				of fact, conclusions of law, briefs, forms of order or other dispositions may
				be submitted prior to the beginning of the hearing. Such documents may not be
				accepted thereafter, nor required of the parties at any time unless all parties
				agree to provide such submissions and the time for issuing the judge's report
				is not extended.
6. The proceeding
				shall be deemed concluded on the date the judge determines that no further
				presentations under (a)2 above shall be necessary.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 21 - UNCONTESTED CASES IN THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-21.5 - Report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				uncontested cases, the judge shall issue a report to the transmitting agency
				head which shall deal with each issue presented. The report shall explain the
				subject matter of the proceeding and the position of each party, shall
				recommend a course of action and shall set forth the factual or legal basis for
				the recommendation.
(b) The report
				may be rendered in writing or orally on the record at the hearing before the
				parties. If the report is rendered orally, it shall be transcribed and filed
				with the agency head and mailed to the parties.
(c) The report shall be issued within 45 days
				after the hearing is concluded unless expedition is required.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 21 - UNCONTESTED CASES IN THE OFFICE OF ADMINISTRATIVE LAW › Section 1:1-21.6 - Extensions

Current through Register Vol. 56, No. 14, July 15, 2024
Requests for an extension of any time limit associated with
				  an uncontested case shall be taken to the transmitting agency head.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4A - CIVIL SERVICE COMMISSION HEARINGS › Subchapter 1 - APPLICABILITY › Section 1:4A-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this chapter shall apply to
				hearings involving:
1. Major discipline
				arising under
				N.J.A.C.
				4A:2-2.2;
2. Resignation not in good standing arising
				under N.J.A.C. 4A:2-6.2; and
3. Termination from service at the conclusion
				of a working test period due to unsatisfactory performance under
				N.J.A.C.
				4A:2-4.1.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4A - CIVIL SERVICE COMMISSION HEARINGS › Subchapter 10 - DISCOVERY › Section 1:4A-10.1 - Discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for major discipline termination
				cases, discovery shall be provided pursuant to this section. Discovery in
				termination cases shall be pursuant to N.J.A.C. 1:1-10.
(b) The employee shall be permitted to review
				the appointing authority's entire file or files on the matter. Copies of any
				document in the file or files shall be provided to the employee upon request
				and for a reasonable copying charge. See
				N.J.S.A.
				47:1A-5. The appointing authority may refuse
				to disclose any document subject to a bona fide claim of privilege.
(c) Each party shall provide each other party
				copies of any documents and a list with names, addresses, and telephone numbers
				of any witnesses, including experts, which the party intends to introduce at
				the hearing. A summary of the testimony expected to be provided by each witness
				shall be included. These items shall be exchanged at least 10 days prior to the
				hearing, unless the judge determines that the information could not reasonably
				have been disclosed within that time.
(d) Any discovery other than that permitted
				in (a) and (b) above shall be by motion to the judge and for good cause
				shown.
(e) The hearing date shall
				not be adjourned to permit discovery.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4A - CIVIL SERVICE COMMISSION HEARINGS › Subchapter 14 - CONDUCT OF CASES › Section 1:4A-14.1 - Conduct of hearing; limitation on post hearing submissions

Current through Register Vol. 56, No. 14, July 15, 2024
No proposed findings of fact, including conclusions of law,
				  briefs, forms of order, or other dispositions may be offered or required after
				  the final argument, except for the purpose of expressing the terms of a
				  settlement, unless expressly permitted by the judge for good cause.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4A - CIVIL SERVICE COMMISSION HEARINGS › Subchapter 17 - CONSOLIDATION AND PREDOMINANT INTEREST IN CASES INVOLVING POLICE TRAINING COMMISSION › Section 1:4A-17.1 - Consolidation and predominant interest

Current through Register Vol. 56, No. 14, July 15, 2024
In any instance where a case proceeding under this chapter is
				  based upon the termination of a law enforcement officer from an approved school
				  or program for failure to meet the standards of
				  N.J.S.A.
				  52:17B-71, which has been appealed to the
				  Police Training Commission pursuant to
				  N.J.A.C.
				  13:1-9.1, an order consolidating the matters
				  shall be issued, and the Police Training Commission shall be deemed to have the
				  predominant interest.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4A - CIVIL SERVICE COMMISSION HEARINGS › Subchapter 17 - CONSOLIDATION AND PREDOMINANT INTEREST IN CASES INVOLVING POLICE TRAINING COMMISSION › Section 1:4A-17.2 - Review of orders involving consolidation with a Police Training Commission case

Current through Register Vol. 56, No. 14, July 15, 2024
In any instance where a case proceeding under this chapter is
				  consolidated with a Police Training Commission case, a party may file arguments
				  opposing or supporting the consolidation and predominant interest order with
				  the agency heads within five working days from receipt of the
				  order.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4B - CIVIL SERVICE COMMISSION LAW ENFORCEMENT OFFICER AND FIREFIGHTER CASES › Subchapter 1 - APPLICABILITY › Section 1:4B-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules
				in this chapter shall apply to any hearings arising under
				40A:14-200 et seq., the act
				concerning suspensions of certain law enforcement officers and firefighters,
				and implement the provisions of that act.
(b) These rules shall not apply when a
				complaint or charge relates to the subject matter of a pending criminal
				investigation, inquiry, complaint, or charge, whether pre-indictment or post
				indictment or when a complaint or charge allege conduct that would constitute
				of a violation of the criminal laws of the state or any other
				jurisdiction.
(c) These special
				rules should be read in conjunction with the Civil Service Commissions' rule at
				4A:2-2.1 3.
(d) Any aspect of the Office of
				Administrative Law hearing not covered by these special hearing rules shall be
				governed by the Uniform Administrative Procedure Rules (UAPR) contained in
				N.J.A.C. 1:1. To the extent that these special rules are inconsistent with the
				UAPR, these rules shall apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4B - CIVIL SERVICE COMMISSION LAW ENFORCEMENT OFFICER AND FIREFIGHTER CASES › Subchapter 2 - DEFINITIONS › Section 1:4B-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.
"Law enforcement agency" or "agency" means any public agency,
				  police force, department, or division within the State, or any county or
				  municipality thereof which, is empowered by statute to act for the detection,
				  investigation, arrest, conviction, detention, or rehabilitation of persons
				  violating the criminal laws of this State. Law enforcement agency shall include
				  the Juvenile Justice Commission, but shall not otherwise include the Department
				  of Law and Public Safety.
"Law enforcement officer" or "officer" means any person who
				  is employed as a permanent full-time member of any State, county, or municipal
				  law enforcement agency who is statutorily empowered to act for the detection,
				  investigation, arrest, conviction, detention, or rehabilitation of persons
				  violating the criminal laws of this State and statutorily required to
				  successfully complete a training course approved by, or certified as being
				  substantially equivalent to such an approved course, by the Police Training
				  Commission pursuant to
				  52:17B-66 et seq.
"Paid firefighter" or "firefighter" means any full-time paid
				  firefighter employed by a public fire department as provided in
				  40A:14-200.
"Public fire department" or "department" means any department
				  of a municipality, county, fire district or the State or any agency thereof
				  having employees engaged in firefighting provided that such firefighting
				  employees are included in a negotiating unit exclusively comprised of
				  firefighting employees.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4B - CIVIL SERVICE COMMISSION LAW ENFORCEMENT OFFICER AND FIREFIGHTER CASES › Subchapter 3 - COMMENCEMENT OF CONTESTED CASES; TIME FOR FILING › Section 1:4B-3.1 - Commencement of contested cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All appeals
				by a law enforcement officer or firefighter shall be simultaneously filed with
				the Clerk of the Office of Administrative Law and with the Civil Service
				Commission. Appeals shall be submitted on the Law Enforcement Officer and
				Firefighter Removal Appeal form, incorporated herein by reference as the
				chapter Appendix.
(b) A copy of the
				Preliminary Notice of Disciplinary Action and of the Final Notice of
				Disciplinary Action must be attached to the Notice of Appeal.
(c) The Office of Administrative Law will
				notify the appellant if an appeal fails to provide information specified in (a)
				and (b) above or fails to provide all information required by the Law
				Enforcement Officer and Firefighter Removal Appeal form. Such notice will
				specify the deficiency and will provide the appellant an additional 20 days to
				supply the missing information.
(d)
				If a party fails to correct deficiencies in an appeal after notification of
				such deficiency by the Office of Administrative Law pursuant to (c) above
				within 20 days of issuance of such notice, the Office of Administrative Law may
				issue an initial decision dismissing the appeal.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4B - CIVIL SERVICE COMMISSION LAW ENFORCEMENT OFFICER AND FIREFIGHTER CASES › Subchapter 3 - COMMENCEMENT OF CONTESTED CASES; TIME FOR FILING › Section 1:4B-3.2 - Time for filing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All appeals
				shall be filed within 20 days from the date of receipt of the final notice of
				disciplinary action.
1. If a party properly
				files an appeal with either the Office of Administrative Law or the Civil
				Service Commission, but does not simultaneously file the appeal with the other
				agency, the appeal shall be deemed timely, provided, however, that the calendar
				days that accrue pending filing in both agencies shall not be used in
				calculating the date on which the officer or firefighter is entitled to receive
				his or her base salary pending a final determination of the appeal.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4B - CIVIL SERVICE COMMISSION LAW ENFORCEMENT OFFICER AND FIREFIGHTER CASES › Subchapter 10 - DISCOVERY › Section 1:4B-10.1 - Discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided by (b) below, discovery shall be available pursuant to N.J.A.C.
				1:1-10.
(b) The parties shall
				commence discovery immediately upon receipt of the notice of filing. Discovery
				requests shall be initiated no later than 30 days of receipt of the notice of
				filing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4B - CIVIL SERVICE COMMISSION LAW ENFORCEMENT OFFICER AND FIREFIGHTER CASES › Subchapter 14 - CONDUCT OF HEARING; LIMITATION ON POST HEARING SUBMISSIONS › Section 1:4B-14.1 - Conduct of hearing; limitation on post hearing submissions

Current through Register Vol. 56, No. 14, July 15, 2024
No proposed findings of fact, including conclusions of law,
				  briefs, forms of order or other dispositions, may be offered after the final
				  argument, except for the purpose of expressing the terms of a settlement,
				  unless expressly permitted by the judge for good cause.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 4B - CIVIL SERVICE COMMISSION LAW ENFORCEMENT OFFICER AND FIREFIGHTER CASES › Subchapter 18 - EXTENSIONS OF TIME LIMITS › Section 1:4B-18.1 - Extensions of time limits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Extensions
				of time limits for filing an initial decision and for filing exceptions shall
				be governed by
				1:1-18.8.
(b) The Civil Service Commission may, at its
				discretion, extend the period for issuance of the final decision by no more
				than 15 additional days. If the Commission requires additional time to render
				the final decision, it shall sign and forward an order of extension to the
				Director of the Office of Administrative Law and serve copies on all
				parties.
(c) Any order granting an
				extension must set forth the factual basis constituting good cause for the
				extension, and establish a new time for filing the decision or exceptions and
				replies.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 1 - APPLICABILITY › Section 1:6A-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules
				in this chapter shall apply to the notice and hearing of matters arising out of
				the Special Education Program of the Department of Education, pursuant to
				N.J.A.C. 6A:14. Any aspect of notice and 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.
(b) These rules are established in
				implementation of Federal law, at 20 U.S.C.A. 1415 et seq. and 34 CFR 300 et
				seq. These rules do not duplicate each provision of Federal law, but highlight
				some of the key Federal provisions which form the source or authority for these
				rules. Where appropriate, the Federal source or authority for a rule or Federal
				elaboration of a rule will be indicated in brackets following the rule. In any
				case where these rules could be construed as conflicting with Federal
				requirements, the Federal requirements shall apply.
(c) Since these rules are established in
				implementation of Federal law, they may not be relaxed except as specifically
				provided herein or pursuant to Federal law.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 3 - COMMENCEMENT OF CASE › Section 1:6A-3.1 - Commencement of case

Current through Register Vol. 56, No. 14, July 15, 2024
Upon unsuccessful conclusion of the resolution process or
				  mediation, as provided in
				  6A:14-2.7, the Office of Special
				  Education Programs shall immediately transmit the matter with the transmittal
				  form to the Office of Administrative Law. Copies of the transmittal form shall
				  be sent to the parties.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 4 - AGENCY RESPONSIBILITY BEFORE TRANSMISSION TO THE OFFICE OF ADMINISTRATIVE LAW › Section 1:6A-4.1 - Ongoing settlement efforts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				scheduling of a hearing shall not preclude voluntary ongoing efforts by the
				parties to settle the matter before or at the hearing.
(b) Any request for an adjournment based upon
				on-going settlement efforts by the parties shall comply with the requirements
				of 1:6A-9.2.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 5 - REPRESENTATION › Section 1:6A-5.1 - Representation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At a
				hearing, any party may be represented by legal counsel or accompanied and
				advised by individuals with special knowledge or training with respect to
				handicapped pupils and their educational needs, or both. Parents and children
				may be represented by individuals with special knowledge or training with
				respect to handicapped pupils and their educational needs.
(b) A non-lawyer seeking to represent a party
				shall comply with the application process contained in
				1:1-5.4 and shall be bound by the
				approval procedures, limitations and practice requirements contained in
				1:1-5.5.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 9 - SCHEDULING › Section 1:6A-9.1 - Scheduling of hearing by Office of Administrative Law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				unsuccessful conclusion of the resolution process or mediation, as provided in
				6A:14-2.7, the representative of
				the Office of Special Education Programs shall immediately contact the Clerk of
				the Office of Administrative Law and the Clerk shall assign a peremptory
				hearing date. The hearing date shall, to the greatest extent possible, be
				convenient to all parties but shall be approximately 10 days from the date of
				the scheduling call.
(b) The Office
				of Special Education Programs shall immediately transmit the matter to the
				Office of Administrative Law with the transmittal form. Copies of any motions
				or other documents shall be filed subsequently with the assigned
				judge.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 9 - SCHEDULING › Section 1:6A-9.2 - Adjournments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The judge
				may grant an adjournment of the hearing at the request of either party. Any
				adjournment shall be for a specific period of time. When an adjournment is
				granted, the deadline for decision will be extended by an amount of time equal
				to the adjournment.
(b) No
				adjournment or delay in the scheduling of the hearing shall occur except at the
				request of a party.