New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 4 - MOTIONS › Section 19:14-4.8 - Motions for summary judgment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any motion
				  in the nature of a motion for summary judgment may only be made after a
				  complaint issues and shall be filed with the Chair, who shall refer the motion
				  to either the Commission or the hearing examiner. The parties shall be notified
				  in writing of such referral. Any request for a stay of proceedings must
				  accompany the motion for summary judgment.
(b) A motion for summary judgment shall be in
				  writing and accompanied by a brief and may be filed with supporting affidavits.
				  An original and nine copies of the motion and all supporting documents shall be
				  filed with the Chair, together with proof of service of a copy on all other
				  parties.
(c) Within 10 days of
				  service on it of the motion for summary judgment or such longer period as the
				  Chair or hearing examiner may allow, the responding party shall serve and file
				  its answering brief and affidavits, if any. Such answering documents shall be
				  served in accordance with (b) above and may include a cross-motion for summary
				  judgment which shall conform to the requirements of (b) above.
(d) No further arguments, documents or
				  affidavits shall be filed except by leave of the Commission or hearing
				  examiner, as applicable. A request for leave shall be in writing, accompanied
				  by proof of service of a copy on all other parties.
(e) If it appears from the pleadings,
				  together with the briefs, affidavits and other documents filed, that there
				  exists no genuine issue of material fact and that the movant or cross-movant is
				  entitled to its requested relief as a matter of law, the motion or cross-motion
				  for summary judgment may be granted and the requested relief may be
				  ordered.
(f) If a hearing examiner
				  grants a motion or cross-motion for summary judgment which resolves all issues
				  in the complaint, the hearing examiner shall prepare a report and recommended
				  decision as set forth in
				  19:14-7.1 (Hearing examiner's
				  report and recommended decision and transfer of case to the Commission). If the
				  ruling of the hearing examiner does not fully resolve all issues in the
				  complaint, the ruling shall not be appealed directly to the Commission except
				  by special permission pursuant to
				  19:14-4.6.
(g) The granting of a motion or cross-motion
				  for summary judgment by the Commission resolving all issues in the complaint
				  shall constitute the final decision and order of the Commission. If the
				  decision and order on motion does not resolve all issues in the complaint, the
				  matter shall be referred back to the hearing examiner for a hearing on the
				  remaining issues, unless the Commission shall order such other disposition as
				  it deems reasonable. If the Commission denies a motion and/or cross-motion for
				  summary judgment, it shall refer the case to the hearing examiner for a full
				  hearing.