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 19:14-7.3 - Exceptions; cross-exceptions; briefs; answering briefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10
				  days of service on it of the hearing examiner's report and recommended decision
				  or such longer period as the Commission may allow, any party may file with the
				  Commission an original and nine copies of exceptions to the report and
				  recommended decision or to any other part of the record or proceedings
				  (including rulings upon motions or objections), together with an original and
				  nine copies of a brief in support of the exceptions. Any party may, within the
				  same period, file an original and nine copies of a brief in support of the
				  report and recommended decision. A request for an extension of time to file
				  exceptions or briefs shall be in writing and shall state the other parties'
				  positions with respect to such request. Filings under this subsection shall be
				  accompanied by proof of service of a copy on all other parties.
(b) Each exception shall specify each
				  question of procedure, fact, law, or policy to which exception is taken;
				  identify that part of the report and recommended decision to which objection is
				  made; designate by precise page citation the portions of the record relied on;
				  state the grounds for the exception; and include the citation of authorities
				  unless set forth in a supporting brief. Any exception which is not specifically
				  urged shall be deemed to have been waived. Any exception which fails to comply
				  with these requirements may be disregarded. If a transcript of the proceedings
				  is ordered for the purposes of filing exceptions to a recommended decision, the
				  ordering party shall have the reporter service file a copy of the transcript
				  with the Commission for inclusion in the record.
(c) Any brief in support of exceptions shall
				  not contain any matter outside the scope of the exceptions and shall contain
				  the points of fact and law relied on in support of the position taken on each
				  question, with specific page references to the transcript and the legal or
				  other material relied on.
(d)
				  Within five days of service on it of exceptions or such longer period as the
				  Commission may allow, a party opposing the exceptions may file an original and
				  nine copies of an answering brief limited to the questions raised in the
				  exceptions and in the brief in support of exceptions, together with proof of
				  service of a copy on the other parties. Filing, service, and proof of service
				  of request for an extension of time shall conform to (a) above.
(e) Within five days of service on it of
				  exceptions or such longer period as the Commission may allow, any party that
				  has not previously filed exceptions may file an original and nine copies of
				  cross-exceptions to any portion of the report and recommended decision,
				  together with a supporting brief, in accordance with (b) above, together with
				  proof of service of a copy on the other parties. Filing, service, and proof of
				  service of a request for an extension of time shall conform to (a)
				  above.
(f) Within five days of
				  service on it of cross-exceptions or such longer period as the Commission may
				  allow, any other party may file an original and nine copies of an answering
				  brief in accordance with (c) above, limited to the questions raised in the
				  cross-exceptions, together with proof of service of a copy on the other
				  parties. Filing, service, and proof of service of a request for an extension of
				  time shall conform to (a) above.
(g) No further briefs 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 the other parties.
(h) Any matter not included in exceptions or
				  cross-exceptions may not be urged before the Commission in any
				  proceeding.