reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.7 - Request for evidentiary hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party
				  desiring an evidentiary hearing shall file with the Chair or such other person
				  designated by the Commission an original and two copies of a written request
				  therefor, together with proof of service of a copy of such request upon the
				  other party. Such request shall be filed no later than five days from the
				  receipt of respondent's initial brief. Failure to file a timely request for
				  evidentiary hearing shall constitute a waiver of any right to such hearing. Any
				  such request shall set forth in detail the substantial and material disputed
				  factual issues that the requesting party contends necessitate an evidentiary
				  hearing. Factual allegations not raised shall be deemed to be not in
				  dispute.
(b) Upon a timely filing
				  of such request, the other party shall within seven days from the service of
				  the request file with the Chair or such other person designated by the
				  Commission an original and two copies of a written response to the request,
				  together with proof of service of a copy of the response upon the requesting
				  party. The response shall specifically reply to each factual issue alleged to
				  be in dispute by the requesting party and shall also state what, if any,
				  additional factual issues not raised by the requesting party are alleged to be
				  in dispute. Any factual issue not specifically responded to or raised in the
				  response shall be deemed not to be in dispute.
(c) The request for an evidentiary hearing
				  and response, together with the petition for scope of negotiations
				  determination, shall constitute the pleadings for the evidentiary
				  hearing.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.8 - Evidentiary hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If,
				  following receipt of a timely request for an evidentiary hearing and a response
				  pursuant to
				  19:13-3.7, it appears to the
				  Commission Chair or such other person designated by the Commission that there
				  exist substantial and material disputed factual issues, a notice of hearing
				  shall be issued setting forth the time and place for the evidentiary hearing.
				  Evidentiary hearings pursuant to this subchapter shall be conducted by a
				  hearing examiner so designated by the Chair or such other person designated by
				  the Commission.
(b) Any such
				  evidentiary hearing conducted pursuant to this subchapter shall be governed by
				  the provisions of the Administrative Procedure Act (52:14B-1 et seq.) and N.J.A.C.
				  19:14-4 through 8 on unfair practice proceedings, insofar as
				  applicable.
(c) After completion of
				  the evidentiary hearing, or upon the consent of the parties prior to the
				  conclusion of the evidentiary hearing, the hearing examiner shall prepare a
				  report and recommended decision, which shall contain findings of fact,
				  conclusions of law, and recommendations as to what disposition of the case
				  should be made by the Commission. The hearing examiner shall file the original
				  with the Commission, and shall serve a copy on the parties. Service shall be
				  complete upon mailing and the case shall be deemed transferred to the
				  Commission. The record in the case shall consist of the petition for scope of
				  negotiations determination, the parties' briefs, the request for evidentiary
				  hearing and any statement filed in response thereto, the notice of hearing, the
				  official transcript of the evidentiary hearing, stipulations, exhibits,
				  documentary evidence, and depositions, together with the hearing examiner's
				  report and recommended decision and any exceptions, cross-exceptions, briefs,
				  and answering briefs, which shall be governed by the provisions of
				  19:14-7.3, Exceptions;
				  cross-exceptions; briefs; answering briefs.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.9 - Oral argument

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proceedings
				  under this chapter shall be submitted for the Commission's consideration
				  without argument, unless argument is requested by one of the parties within
				  seven days after service of the respondent's brief or is ordered by the Chair
				  or such other person designated by the Commission, and said request is granted
				  by the Commission.
(b) An original
				  and nine copies of a request for oral argument shall be filed separately from
				  any briefs or other prior submissions, together with proof of service of a copy
				  of such request upon the other party.
(c) The Chair or such other person designated
				  by the Commission shall notify the parties of the assigned argument date, if
				  permission to argue orally is granted.
(d) The petitioner shall open and conclude
				  argument. The Commission may terminate the argument at any time it deems the
				  issues adequately argued.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.10 - Final determination

Current through Register Vol. 56, No. 14, July 15, 2024
Based upon the parties' submissions and oral argument, if
					 any, or where an evidentiary hearing has been conducted, based upon the record
					 in the case as set forth in subsection (b) of
					 19:13-3.8, Evidentiary hearings,
					 the Commission shall issue and cause to be served upon the parties its findings
					 of fact and conclusions of law, including its determination as to whether the
					 disputed matter is a required, permissive, or illegal subject for collective
					 negotiations and, where appropriate, an order reasonably designed to effectuate
					 the purposes of the act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.11 - Interim relief

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the filing of a petition for scope of negotiations
					 determination or during the pendency of a scope of negotiations proceeding, the
					 petitioner may apply to the Commission Chair or such other person designated by
					 the Commission for an order requesting the respondent to show cause why
					 specified interim relief should not be granted pending the disposition of the
					 scope of negotiations proceeding. The request for specified interim relief
					 shall be governed by the provisions of N.J.A.C. 19:14-9 on unfair practice
					 proceedings, insofar as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.12 - Motion for reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A motion for
				  reconsideration may be filed within 15 days after service of the Commission
				  decision, together with proof of service of the motion on all other parties.
				  Reconsideration will only be granted based on a demonstration of extraordinary
				  circumstances and exceptional importance. The movant shall specify and bear the
				  burden of establishing the grounds warranting reconsideration.
(b) Any party opposing reconsideration may
				  file a response within five days of service on it of the motion, together with
				  proof of service of a copy on all other parties. No further submissions shall
				  be filed except by leave of the Commission. A request for leave shall be in
				  writing, accompanied by proof of service of a copy on all other
				  parties.
(c) The filing and
				  pendency of a motion for reconsideration shall not stay any interim or final
				  order unless otherwise ordered by the Commission. A motion for reconsideration
				  is not required to exhaust administrative remedies.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 1 - CHARGE › Section 19:14-1.1 - Who may file

Current through Register Vol. 56, No. 14, July 15, 2024
A charge that any public employer or public employee
					 organization has engaged or is engaging in any unfair practice listed in
					 subsections (a) and (b) of
					 34:13A-5.4 may be filed by any
					 public employer, public employee, public employee organization, or their
					 representatives.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 1 - CHARGE › Section 19:14-1.2 - Where to file

Current through Register Vol. 56, No. 14, July 15, 2024
Such charge shall be filed with the Commission. Upon
					 receipt, such charge shall be date stamped, and assigned a docket number
					 indicating that the charging party is a public employer (CE), one or more
					 individual public employees (CI), or a public employee organization (CO). A
					 copy of each charge shall be retained in a public docket until the case is
					 closed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 1 - CHARGE › Section 19:14-1.3 - Form; contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Such charge
				  shall be in writing. The party or representative filing the charge shall make
				  this dated and signed certification: "I declare that I have read the above
				  charge and that the statements are true to the best of my knowledge and
				  belief." Such charge shall contain the following:
1. The full name, address and telephone
				  number of the public employer, public employee or public employee organization
				  making the charge (the charging party);
2. The full name, address and telephone
				  number of the public employer or public employee organization against whom the
				  charge is made (the respondent); and
3. A clear and concise statement of the facts
				  constituting the alleged unfair practice. The statement must specify the date
				  and place the alleged acts occurred, the names of the persons alleged to have
				  committed such acts, the subsection(s) of the Act alleged to have been
				  violated, and the relief sought.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 1 - CHARGE › Section 19:14-1.4 - Number of copies; service

Current through Register Vol. 56, No. 14, July 15, 2024
The charging party shall file an original and four copies
					 of such charge, together with proof of service of a copy on all other parties.
					 The Director of Unfair Practices will send a copy to the respondent, but the
					 charging party will remain responsible for formal service of the charge.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 1 - CHARGE › Section 19:14-1.5 - Amendment; withdrawal; dismissal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before a
				  complaint issues, the Director of Unfair Practices may permit the charging
				  party to amend a charge upon such terms as may be deemed just. After a
				  complaint issues, any proposed amendment shall be filed with the hearing
				  examiner.
1. Filing, service, and proof of
				  service of an amended charge shall conform to the provisions of these rules
				  relating to the original charge.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 1 - CHARGE › Section 19:14-1.6 - Processing of charge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director
				  of Unfair Practices will normally assign a charge to a staff member for
				  processing. All parties will be notified of such assignment and will be
				  requested to submit to the staff member:
1. An
				  executed copy of any current or recently expired collective negotiations
				  agreement between the parties; and
2. A written statement of position including
				  an explanation as to why the allegations contained in the charge, if true,
				  would or would not constitute unfair practices on the part of the
				  respondent.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 2 - COMPLAINT WITH NOTICE OF HEARING › Section 19:14-2.1 - Contents; service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a
				  charge has been processed, if it appears to the Director of Unfair Practices
				  that the allegations of the charge, if true, may constitute unfair practices on
				  the part of the respondent, and that formal proceedings should be instituted in
				  order to afford the parties an opportunity to litigate relevant legal and
				  factual issues, the Director shall issue and serve a formal complaint including
				  a notice of hearing before a hearing examiner at a stated time and place. The
				  complaint with notice of hearing shall contain:
1. The allegations of the charge and a
				  statement of the subsection(s) of the Act alleged to have been
				  violated;
2. A statement of the
				  legal authority and jurisdiction under which the hearing is to be held;
				  and
3. A statement of the time and
				  place of any pre-hearing conference. The hearing examiner, upon proper cause
				  shown, may postpone any hearing or pre-hearing conference. If the hearing
				  examiner is unavailable to make that determination in a timely manner, the
				  Director may exercise such authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 2 - COMPLAINT WITH NOTICE OF HEARING › Section 19:14-2.2 - Amendment; dismissal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				  complaint may be amended by the hearing examiner to conform to the allegations
				  set forth in any amended charge filed pursuant to
				  19:14-1.5(a).
(b) Any amended complaint may be dismissed
				  pursuant to subsections (b), (c) and (d), or reopened pursuant to subsection
				  (e) of 19:14-1.5 (Amendment; withdrawal;
				  dismissal).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 2 - COMPLAINT WITH NOTICE OF HEARING › Section 19:14-2.3 - Refusal to issue; appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, after a
				  charge has been processed, the Director of Unfair Practices refuses, in whole
				  or in part, to issue a complaint, the parties shall be notified in writing of
				  the grounds for such action.
(b)
				  Where no complaint is issued, the charging party may appeal that action by
				  filing an original and nine copies of an appeal with the Commission, together
				  with proof of service of a copy on all other parties, within 10 days from the
				  service of the notice of such refusal to issue. An appeal must be a
				  self-contained document enabling the Commission to rule on the basis of its
				  contents. An appeal may not allege any facts not previously presented, unless
				  the facts alleged are newly discovered and could not with reasonable diligence
				  have been discovered in time to be presented. Within five days of being served
				  with an appeal, any party opposing the appeal may file an original and nine
				  copies of its response, together with proof of service of a copy on all other
				  parties. The Commission may sustain the refusal to issue a complaint, stating
				  the grounds of its affirmance, or may direct that further action be taken. The
				  Commission's determination shall be served on all parties.
(c) A decision by the Director of Unfair
				  Practices to issue a complaint or to refuse to issue a complaint on a portion
				  of an unfair practice charge may not be appealed pre-hearing except by special
				  permission to appeal pursuant to
				  19:14-4.6.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 3 - ANSWER › Section 19:14-3.1 - Time for filing; contents; form

Current through Register Vol. 56, No. 14, July 15, 2024
Within 10 days of service on it of the complaint, the
					 respondent shall file an answer. The hearing examiner, upon proper cause shown,
					 may extend the time for filing an answer. The answer shall specifically admit,
					 deny or explain each of the allegations set forth in the complaint, unless the
					 respondent is without knowledge, in which case the respondent shall so state,
					 such statement operating as a specific denial. All allegations in the
					 complaint, if no answer is filed, or any allegation not specifically denied or
					 explained shall be deemed to be admitted to be true and shall be so found by
					 the hearing examiner and the Commission, unless good cause to the contrary is
					 shown. The answer shall include a detailed statement of any affirmative
					 defenses. The answer shall be in writing and the party or representative filing
					 the answer shall make this dated and signed certification: "I declare that I
					 have read the above statements and that the statements are true to the best of
					 my knowledge and belief."
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 3 - ANSWER › Section 19:14-3.2 - Where to file; number of copies; service

Current through Register Vol. 56, No. 14, July 15, 2024
An original and four copies of the answer shall be filed
					 with the hearing examiner, together with proof of service of a copy on all
					 other parties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 3 - ANSWER › Section 19:14-3.3 - Amendment

Current through Register Vol. 56, No. 14, July 15, 2024
The respondent may amend its answer at any time before the
					 hearing. During or after the hearing the hearing examiner or the Commission may
					 permit the respondent to amend its answer at any time upon such terms as may be
					 deemed just. Filing, service, and proof of service of an amended answer shall
					 conform to the provisions of these rules relating to the original
					 answer.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 4 - MOTIONS › Section 19:14-4.1 - Motions

Current through Register Vol. 56, No. 14, July 15, 2024
The motion practice set forth in this subchapter applies
					 after a complaint issues. Before then, relief which might be sought through
					 motions should be sought through
					 19:14-1.5(e).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 4 - MOTIONS › Section 19:14-4.2 - Where to file

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				  provided in
				  19:14-4.8 (Motions for summary
				  judgment) or otherwise stated by these rules, all motions and any response to a
				  motion:
1. Made before a case is transferred
				  to the Commission, shall be made in writing to the hearing examiner, or stated
				  orally on the record at the hearing;
2. Made after a case is transferred to the
				  Commission, shall be filed in writing with the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 4 - MOTIONS › Section 19:14-4.3 - Contents; number of copies; service

Current through Register Vol. 56, No. 14, July 15, 2024
All written motions, referred to in
					 19:14-4.2, shall briefly state the
					 order or relief sought and, if appropriate, shall be supported by affidavits.
					 The moving party shall file an original and two copies of its motion papers, if
					 made to the hearing examiner or Director of Unfair Practices, and an original
					 and nine copies if made to the Commission, together with proof of service of a
					 copy on all other parties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 4 - MOTIONS › Section 19:14-4.4 - Answering affidavits; further submissions by leave; oral argument or testimony

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Answering
				  arguments, documents or affidavits, if any, shall be served and filed within
				  five days of service of the motion papers. Filing, service, and proof of
				  service of answering arguments, documents or affidavits shall conform to the
				  provisions of these rules relating to the motion papers.
(b) 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.
(c) The Commission or hearing examiner, as
				  applicable, may decide to hear oral argument or take testimony on any motion.
				  The parties shall be notified of the time and place of hearing argument or
				  taking testimony.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 4 - MOTIONS › Section 19:14-4.5 - Rulings

Current through Register Vol. 56, No. 14, July 15, 2024
Rulings and orders by the Commission or its named designee
					 on motions shall be issued in writing and a copy served on each party. Rulings
					 and orders, if announced at the hearing, shall be stated on the record; in all
					 other cases the hearing examiner shall issue rulings and orders in writing and
					 shall serve a copy on each party, or shall make such ruling in the hearing
					 examiner's report and recommended decision, provided that where the hearing
					 examiner has reserved ruling and the case is transferred to the Commission, the
					 Commission shall issue the ruling.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 4 - MOTIONS › Section 19:14-4.6 - Motions and rulings part of the record; appeal on special permission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All motions,
				  rulings and orders of the hearing examiner shall become part of the record,
				  except that rulings on motions to quash a subpoena shall become a part of the
				  record only upon request of an aggrieved party. Unless expressly authorized by
				  these rules, rulings by the hearing examiner on motions and objections shall
				  not be appealed to the Commission except by special permission of the
				  Commission, but shall be considered by the Commission in reviewing the record,
				  if exception to the ruling or order is included in the statement of exceptions
				  filed with the Commission, pursuant to
				  19:14-7.3 (Exceptions;
				  cross-exceptions; briefs; answering briefs).
(b) A request for special permission to
				  appeal shall be filed in writing within five days from the service of written
				  rulings or statement of oral rulings, and shall briefly state the grounds
				  relied on. An original and nine copies of such request shall be filed with the
				  Chair, together with proof of service of a copy on all other parties, and, if
				  the request involves a ruling by a hearing examiner, upon that hearing
				  examiner. A party opposing the request may file an original and nine copies of
				  a statement in opposition within five days of service on it of the request for
				  special permission to appeal, together with proof of service of a copy on all
				  other parties. If the Chair grants special permission to appeal, the
				  proceedings shall not be stayed unless otherwise ordered by the Chair. The
				  Commission shall consider an appeal on the papers submitted to the Chair, or on
				  such further submission as it may require.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 4 - MOTIONS › Section 19:14-4.7 - Motion to dismiss complaint; appeal

Current through Register Vol. 56, No. 14, July 15, 2024
If any motion in the nature of a motion to dismiss the
					 complaint in its entirety is granted by the hearing examiner before the filing
					 of a report and recommended decision, the charging party may appeal such action
					 by filing an original and nine copies of an appeal with the Commission, stating
					 the grounds for appeal, together with proof of service of a copy on all other
					 parties. Unless an appeal is filed within 10 days from the date of the order of
					 dismissal, the case shall be closed. A party opposing the request may file an
					 original and nine copies of an answering statement or brief within five days of
					 service on it of the appeal, together with proof of service of a copy on all
					 other parties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 5 - INTERVENTION › Section 19:14-5.1 - Intervention

Current through Register Vol. 56, No. 14, July 15, 2024
A motion for leave to intervene shall be filed in writing
					 or made orally on the record at hearing. A motion shall state the grounds for
					 intervention and the extent to which intervention is sought. Any party opposing
					 a written motion to intervene may file a written response within five days,
					 together with proof of service on the other parties. If the motion is made
					 orally at hearing, any party opposing intervention may do so orally on the
					 record. Filing, service, and proof of service of a motion and any response
					 shall conform to the provisions of
					 19:14-4.3. The Commission, the
					 Director of Unfair Practices, or the hearing examiner, as the case may be, may
					 by order permit intervention on such terms as may be deemed just.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.1 - Who shall conduct; to be public unless otherwise ordered

Current through Register Vol. 56, No. 14, July 15, 2024
The hearing for the purpose of taking evidence upon a
					 complaint shall be conducted by a designated hearing examiner, unless the
					 Commission or any member of the Commission presides. The hearing shall be
					 public unless otherwise ordered by the Commission or the hearing
					 examiner.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.2 - Prehearing conference

Current through Register Vol. 56, No. 14, July 15, 2024
The hearing examiner assigned to conduct such hearing, or
					 an alternate designee, may hold a pre-hearing conference to clarify the issues,
					 explore the possibility of settlement, or take stipulations of fact. All of the
					 parties or their authorized representatives shall attend any prehearing
					 conference.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.3 - Duties and powers of hearing examiner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing
				  examiner shall hear the facts as to whether a respondent has engaged or is
				  engaging in an unfair practice as set forth in the complaint or amended
				  complaint. Before the case is transferred to the Commission, the hearing
				  examiner shall have authority, subject to these rules and the Act, to:
1. Administer oaths and
				  affirmations;
2. Grant applications
				  for subpoenas;
3. Rule upon motions
				  to quash subpoenas;
4. Rule upon
				  offers of proof and receive relevant evidence;
5. Permit and regulate discovery in
				  accordance with regulations promulgated by the Office of Administrative Law, as
				  applicable, and consistent with the purposes of the Act;
6. Regulate the course of the hearing, and if
				  appropriate, exclude persons or counsel from the hearing for contemptuous
				  conduct and strike all related testimony of a witness refusing to answer any
				  proper question;
7. Hold
				  conferences for settling or simplifying the issues;
8. Dispose of procedural requests, motions,
				  or similar matters, including motions for summary judgment or to amend
				  pleadings; also to dismiss complaints in whole or in part; to order hearings
				  reopened; and upon motion, order proceedings consolidated or severed prior to
				  issuance of the hearing examiner's report and recommended decision.
9. Approve a stipulation by all parties
				  dispensing with a verbatim transcript of record of the oral testimony adduced
				  at the hearing, and which will also include a waiver of the parties' right to
				  file with the Commission exceptions to the findings of fact (but not to
				  conclusions of law or recommended orders) which the hearing examiner shall make
				  in a report and recommended decision;
10. Request the parties to state their
				  positions concerning any issue; and
11. Take any other necessary action
				  authorized by these rules.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.4 - Unavailability of hearing examiner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				  hearing examiner becomes unavailable, the Director of Unfair Practices or the
				  Commission may designate another hearing examiner for the purpose of further
				  hearing or issuance of a report and recommended decision on the record as made,
				  or both. The parties shall be notified of that designation.
(b) If the hearing examiner becomes
				  unavailable after the hearing has been conducted and before a report and
				  recommended decision has been issued, the Commission may transfer the case to
				  itself to issue a decision and order.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.5 - Rights of parties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party
				  shall have the right to appear at such hearing in person or by authorized
				  representative to call, examine, and cross-examine witnesses, and to introduce
				  into the record documentary or other relevant evidence, except that the
				  participation of any party shall be limited to the extent permitted by the
				  hearing examiner. Five copies of documentary evidence shall be submitted,
				  unless the hearing examiner permits a reduced number of copies upon good cause
				  shown.
(b) If a transcript of the
				  proceedings is ordered before a recommended decision has been issued, the party
				  ordering the transcript shall, at the time of ordering, notify the hearing
				  examiner that a transcript has been ordered and shall have the reporter service
				  file a copy of the transcript with the hearing examiner for inclusion in the
				  record.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.6 - Rules of evidence not controlling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parties
				  shall not be bound by rules of evidence whether statutory, common law, or
				  adopted by the Rules of Court. All relevant evidence is admissible, except as
				  otherwise provided by this rule. The hearing examiner may in the exercise of
				  discretion exclude any evidence if its probative value is substantially
				  outweighed by the risk that its admission will either necessitate undue
				  consumption of time or create substantial danger of undue prejudice or
				  confusion. The hearing examiner shall give effect to the rules of privilege
				  recognized by law. Notice may be taken of administratively noticeable facts and
				  of facts within the Commission's specialized knowledge. The material noticed
				  shall be referred to in the hearing examiner's report and recommended decision,
				  and any party may contest the material so noticed by filing timely exceptions
				  pursuant to
				  19:14-7.3 (exceptions;
				  cross-exceptions; briefs; answering briefs).
(b) Notwithstanding the admissibility of
				  hearsay evidence, some legally competent evidence must exist to support each
				  ultimate finding of fact to an extent sufficient to provide assurances of
				  reliability and to avoid the fact or appearance of arbitrariness.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.7 - Stipulations of fact

Current through Register Vol. 56, No. 14, July 15, 2024
In any proceeding stipulations of fact may be submitted.
					 The parties may submit a stipulation of facts to the Commission for a decision
					 without a hearing. The parties may also agree to waive a hearing examiner's
					 report and recommended decision.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.8 - Prosecution by charging party; burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
The charging party shall prosecute the case and shall have
					 the burden of proving the allegations of the complaint by a preponderance of
					 the evidence. The respondent shall have the burden of establishing any
					 affirmative defenses in accordance with law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.9 - Objection to conduct of hearing; waiver of objections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				  objection to the conduct of the hearing, including any objection to the
				  introduction of evidence, may be stated orally or in writing and accompanied by
				  a short statement of the grounds for objection, and will be included in the
				  record.
(b) An objection shall not
				  be deemed waived by further participation in the hearing. An objection not duly
				  raised before a hearing examiner shall be deemed waived unless the Commission
				  excuses the failure to raise the objection because of extraordinary
				  circumstances.
(c) During a
				  hearing, the Commission will not review any objection to the rulings of a
				  hearing examiner except by special permission to appeal pursuant to
				  19:14-4.6(b).
				  Review by the Commission shall not stay the conduct of the hearing unless
				  otherwise ordered by the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.10 - Oral argument at hearing; briefs; proposed findings

Current through Register Vol. 56, No. 14, July 15, 2024
Any party shall be entitled, upon request, to a reasonable
					 period before the hearing closes for oral argument, which shall be included in
					 the official transcript of the hearing. Any party shall be entitled, upon
					 request made before the hearing closes, to file a brief or proposed findings
					 and conclusions, or both. The hearing examiner shall fix a reasonable time for
					 such filing and may grant extensions of time for good cause shown. No request
					 for an extension of time will be considered unless received before the
					 expiration of the time fixed for the filing of briefs or proposed findings and
					 conclusions, unless expressly authorized by the hearing examiner, and
					 accompanied by proof of service of a copy on all other parties. Two copies of
					 any brief or proposed findings and conclusions shall be filed with the hearing
					 examiner, together with proof of service of a copy on all other parties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.11 - Continuance or adjournment

Current through Register Vol. 56, No. 14, July 15, 2024
In the hearing examiner's discretion, the hearing may be
					 continued from day to day, or adjourned to a later date or different place, by
					 announcement at the hearing by the hearing examiner, or by other appropriate
					 notice to the parties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.12 - Misconduct at hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Misconduct at any hearing before a hearing examiner or the
					 Commission shall be grounds for summary exclusion from the hearing. Misconduct
					 of an aggravated character by a representative of a party shall be grounds for
					 suspension or disbarment by the Commission from further practice before it
					 after due notice and hearing.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 6 - HEARINGS › Section 19:14-6.13 - Settlement or adjustment of issues

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any
				  proceeding conducted pursuant to this chapter, all interested parties shall
				  have an opportunity to submit to the Commission or its designated officer for
				  consideration, facts, arguments, offers of settlement, or proposals of
				  adjustment.
(b) In any proceeding
				  conducted pursuant to this chapter, any facts, admissions against interest,
				  offers of settlement or proposals of adjustment shall not be admissible unless
				  mutually agreed by all parties. No Commission officer shall be permitted to
				  testify in any proceeding with respect to such submissions.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 7 - HEARING EXAMINER'S REPORT AND RECOMMENDED DECISION AND TRANSFER OF CASE TO THE COMMISSION › Section 19:14-7.1 - Hearing examiner's report and recommended decision and transfer of case to the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
After the hearing or upon the parties' consent before the
					 conclusion of the hearing, the hearing examiner shall prepare a report and
					 recommended decision which shall contain findings of fact, conclusions of law,
					 and recommendations as to what disposition of the case should be made,
					 including, where appropriate, a recommendation for such affirmative action by
					 the respondent as will effectuate the policies of the Act. The hearing examiner
					 shall file the original with the Commission, and shall serve a copy on the
					 parties. Service shall be complete upon mailing and the case shall then be
					 deemed transferred to the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 7 - HEARING EXAMINER'S REPORT AND RECOMMENDED DECISION AND TRANSFER OF CASE TO THE COMMISSION › Section 19:14-7.2 - Record in the case

Current through Register Vol. 56, No. 14, July 15, 2024
The record shall consist of the charge and any amendments;
					 the complaint and any amendments; notice of hearing; answer and any amendments;
					 motions; rulings; orders; any official transcript of the hearing; and
					 stipulations, exhibits, documentary evidence, and depositions admitted into
					 evidence; together with the hearing examiner's report and recommended decision
					 and any exceptions, cross-exceptions, and briefs and answering briefs in
					 support of, or in opposition to, exceptions and cross-exceptions.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 8 - PROCEDURE BEFORE THE COMMISSION › Section 19:14-8.1 - Action by the Commission; decision in the absence of exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Commission shall adopt, reject or modify the hearing examiner's report and
				  recommended decision. The Commission may decide the matter upon the record or
				  after oral argument. It may also reopen the record and receive further
				  evidence.
(b) If no exceptions are
				  filed, the recommended decision shall become a final decision unless the Chair
				  or such other Commission designee notifies the parties within 45 days after
				  receipt of the recommended decision that the Commission will consider the
				  matter further.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 8 - PROCEDURE BEFORE THE COMMISSION › Section 19:14-8.2 - Oral argument

Current through Register Vol. 56, No. 14, July 15, 2024
Any request for oral argument before the Commission shall
					 be in writing on a separate piece of paper and filed simultaneously with the
					 statement of any exceptions or cross-exceptions filed pursuant to
					 19:14-7.3 (Exceptions;
					 cross-exceptions; briefs; answering briefs), together with proof of service of
					 a copy on all other parties. The Commission shall notify the parties if the
					 request for oral argument is granted and of the time and place of any oral
					 argument.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 8 - PROCEDURE BEFORE THE COMMISSION › Section 19:14-8.3 - Hearings before the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever necessary to effectuate the purposes of the Act
					 or to avoid unnecessary costs or delay, the Commission may order that a
					 complaint and any related proceeding be transferred to and continued before it
					 or any member or members of the Commission. In such case, the provisions of
					 this chapter shall govern, as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 8 - PROCEDURE BEFORE THE COMMISSION › Section 19:14-8.4 - Motions for reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
After a Commission decision has been issued, a party may
					 move for reconsideration. Any motion pursuant to this section shall be filed
					 within 15 days of service of the Commission decision, together with proof of
					 service of a copy on all other parties. The movant shall specify the
					 extraordinary circumstances warranting reconsideration and the pages of the
					 record it relies on. Any party opposing reconsideration may file a response
					 within five days of service on it of the motion, together with proof of service
					 of a copy on all other parties. No further submissions shall be filed except by
					 leave of the Commission. A request for leave shall be in writing, accompanied
					 by proof of service of a copy on all other parties. The filing and pendency of
					 a motion for reconsideration shall not operate to stay the effectiveness of the
					 Commission decision unless otherwise ordered by the Commission. A motion for
					 reconsideration need not be filed to exhaust administrative remedies.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 9 - INTERIM RELIEF › Section 19:14-9.1 - Applicability of subchapter; nature of proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall be applicable to requests for
					 interim relief in both unfair practice proceedings under this chapter and in
					 scope of negotiations proceedings pursuant to
					 19:13-3.1 1. Any order issued
					 pursuant to this subchapter is interlocutory.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 9 - INTERIM RELIEF › Section 19:14-9.2 - When to file; form and contents; insufficient pleadings; processing of interim relief applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon or
				  after the filing of an unfair practice charge or a petition for scope of
				  negotiations determination, the charging party or petitioner may apply to the
				  Chair for an order requiring the respondent to show cause why specified interim
				  relief should not be granted pending the final disposition of the proceeding by
				  the Commission.
(b) The application
				  for interim relief shall include an order to show cause, shall state the relief
				  sought, and shall be supported by an affidavit or verified charge or petition
				  if it relies on facts not already in the record.
(c) The Commission Chair or such other person
				  designated by the Commission Chair shall review the interim relief application
				  and any accompanying documents and may deny the application, if there is
				  insufficient basis in the pleadings to meet the standards for granting interim
				  relief.
(d) Where the pleadings are
				  sufficient to warrant further processing of the application, the Commission
				  Chair or the designee may direct one or more of the following:
1. Issue an order requiring the respondent to
				  file a response to the application;
2. Schedule a pre-hearing
				  conference;
3. Execute the order to
				  show cause, which shall be returnable at such time and place as the Commission
				  Chair or the Designee shall fix in the order, except that the order to show
				  cause shall not include any temporary restraints unless permitted by, and
				  pursuant to, (f) and (g) below;
4.
				  Issue a determination based on the pleadings and any written response;
				  and/or
5. Take, or direct the
				  parties to take, any other action deemed necessary to process the
				  application.