reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.10 - Testing for prohibited substances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Testing for prohibited substances may be conducted for the purpose of deterring and controlling the introduction of contraband or to detect the presence of any substance not authorized for possession or use by the juvenile.
(b) Juveniles shall be tested:
1. As part of the intake process for any juvenile entering a community program;
2. When the name of the juvenile appears on a computer-generated randomly selected list of names, regardless of how often the name of the juvenile is randomly selected;
3. During the seven-day period prior to a juvenile's release from custody on parole or upon expiration of a maximum sentence;
4. In accordance with drug treatment program requirements;
5. When a senior staff member or an Investigator with the Office of Investigations believes, based upon his or her education and experience, that there is a reasonable factual basis to suspect the juvenile of using or possessing a prohibited substance; and
6. Randomly or for cause, when the Superintendent or designee orders all juveniles from a particular housing unit, work detail, or other functional unit to be tested.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.11 - Collection and analysis of urine specimens

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Substance abuse testing shall be by urinalysis utilizing a Commission-approved urinalysis specimen test kit, and shall be conducted by staff who have been trained to perform such test.
(b) Specimens taken from juveniles shall be voided directly into an approved specimen container and immediately read in the presence of the juvenile and at least two authorized staff members of the same gender as the juvenile.
1. A minimum of 50 milliliters must be voided to ensure a sufficient quantity for all required testing.
2. Testing shall be in accordance with the instructions/standards provided by the manufacturer of the test.
3. The authorized staff member who administers the test shall record on the Office of Substance Abuse Administration, Continuity of Evidence Form, his or her name and job title, the date and times the specimen was taken and read, the results of the test, and the names of the staff member witnesses.
4. Urine specimens shall be disposed of promptly upon the recording of information provided for in (b)3 above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 11 - SEARCHES OF JUVENILES AND FACILITIES › Section 13:103-11.13 - Staff orientation and training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Superintendent shall be responsible for ensuring that the requirements and guidelines set forth in this subchapter are followed.
(b) Internal management procedures developed in accordance with this subchapter shall be made available to all staff members. All personnel shall receive training in the interpretation and applicability of internal management procedures, so as to ensure effective and safe search techniques.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 12 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:103-12.1 - Procedures for handling contraband upon discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever an item, article, or material is determined to be contraband, it shall be immediately seized.
1. The staff member making the seizure shall submit the contraband to the shift coordinator who shall submit it to the Superintendent or designee, together with a fully completed Form CP171-I, Seizure of Contraband Report. The contraband report must be submitted no later than the end of the shift during which the contraband was seized.
2. Care shall be taken at all times to accurately record the chain of possession of the contraband.
3. The staff member shall give the juvenile from whose control or possession contraband is taken, an itemized, signed, and dated receipt (Form CP171-II, Juvenile Receipt, Contraband Seizure), a copy of which shall be given to the Superintendent or designee. The contents of this form shall be either read or explained to the juvenile, if necessary.
4. When contraband is removed from mail, such as, letters or packages, the staff member making the seizure shall send the juvenile to whom the mail was addressed a completed copy of Form CP171-II, indicating that the specified items were removed.
5. The juvenile shall have three business days to appeal the seizure to the Superintendent or designee.
6. Seized contraband that may be harmful or present a threat to the security and orderly operation of the community program shall be forwarded by the Superintendent or designee to the Office of Investigations, along with a copy of the Form CP171-II, Juvenile Receipt, Contraband Seizure.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 12 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:103-12.2 - Disposal of contraband personal property seized upon admission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a juvenile arrives at a community program with items of personal property not authorized for retention or possession, the items shall be seized.
(b) The staff member making the seizure shall give the juvenile an itemized, signed and dated receipt for the property seized, and shall notify the juvenile that such items are contraband, and that the juvenile has three business days, from the date of the seizure of the contraband, to appeal the classification of any or all items as contraband to the Superintendent or designee.
1. If the Superintendent or designee determines that any or all of the items are not contraband, they shall be returned to the juvenile.
2. If the Superintendent or designee determines that any item is contraband, the juvenile shall be given two business days to indicate which of the following means of disposal should be used with respect to the property. The contraband shall be:
i. Mailed to a designated relative or friend of the juvenile at the juvenile's expense;
ii. Given to a visitor for disposal;
iii. Donated by the juvenile to a charitable organization at the juvenile's expense; or
iv. Destroyed at the juvenile's request.
3. If the juvenile fails to indicate the desired disposition, the property shall be disposed of at the option of the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 12 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:103-12.3 - Disposal of contraband personal property seized within a community program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When contraband seized within a community program results in a disciplinary charge under N.J.A.C. 13:101-4 and removal of a juvenile, appropriate disciplinary reports shall be written and issued pursuant to 13:103-12.8 and 13:101-4.3.
(b) The staff member making the seizure shall give the juvenile an itemized, signed, and dated receipt (Form CP171-II) for the property seized and shall notify the juvenile that such items are contraband and that the juvenile has the right to appeal the classification of any or all items as contraband.
1. If the officials responsible for hearing charges determine that any or all items are not contraband, or if the Superintendent or designee, on appeal, determines that an item is not contraband it shall be returned to the juvenile.
2. If the officials responsible for hearing charges determine that any or all items are contraband, the contraband shall be retained and shall not be disposed of until all appeal proceedings, including any appeal to the Superior Court of New Jersey, Appellate Division, where appropriate, are exhausted. Otherwise, the juvenile shall be given two business days following receipt of the decision of the officials responsible for hearing charges, or the decision of the Superintendent or designee if the disciplinary decision is appealed, to indicate to the Office of Investigations or Center Control which of the following means shall be used to dispose of the contraband. The contraband shall be:
i. Mailed to a designated relative or friend of the juvenile at the juvenile's expense;
ii. Given to a visitor for disposal;
iii. Donated by the juvenile to a charitable organization at the juvenile's expense; or
iv. Destroyed at the juvenile's request.
3. Where the juvenile fails to indicate the desired disposition, the property shall be disposed of at the option of the Superintendent or designee.
4. If the juvenile has no family and no visitors, special arrangements to store property at the facility in which the juvenile is housed may be approved on a case-by-case basis by the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 12 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:103-12.4 - Disposal of contraband, State-issued property

Current through Register Vol. 56, No. 14, July 15, 2024
Where State-issued property is confiscated as contraband, the juvenile shall not have any option with respect to its disposition. It shall be returned to the source for redistribution or subsequent disposal.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 12 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:103-12.5 - Disposal of contraband threatening to security or disruptive to operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All contraband determined to pose a threat to security or to be disruptive to the orderly running of a community program shall be taken into the custody of the community program. Under no circumstances shall such contraband be returned to the juvenile.
1. The staff member making the seizure shall immediately turn the contraband over to the Superintendent or designee, who shall forward it to the Office of Investigations.
2. In cases where explosives, firearms, or other weapons are confiscated, the Superintendent or designee shall immediately notify the Office of Investigations.
3. Appropriate disciplinary reports shall be written and issued, pursuant to 13:103-12.8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 12 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:103-12.6 - Confiscation and disposal of unauthorized currency or money at a residential community home

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All unauthorized money or currency found in a juvenile's possession at a residential community home shall be immediately seized and turned over to the Superintendent or designee, together with reports required by this subchapter, and shall be processed in accordance with internal management procedures, which shall be issued by the Director of Community Programs or designee.
1. Any juvenile found to be in possession of or to have control over such money or currency shall receive a disciplinary report.
2. A determination as to the manner in which the money or currency has been acquired shall be made by the officials responsible for hearing charges at the disciplinary proceedings.
3. At the conclusion of disciplinary proceedings, the items confiscated shall be turned over to the Fiscal Manager with a copy of the adjudicated disciplinary report. The Fiscal Manager will be responsible for depositing and recording the funds to the appropriate account.
4. Money or currency forfeited by the juvenile that is not the subject of a disciplinary action shall be deposited in the juvenile's account.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 12 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:103-12.7 - Authorized amounts of money and currency and confiscation and disposal of unauthorized currency or money at a day program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director of Community Programs shall determine amounts of money or currency authorized to be in the possession of juveniles at a day program.
(b) Unauthorized money or currency in an amount less than the applicable authorized amount found in a juvenile's possession at a day program shall be seized and held at the day program for return to the juvenile at the end of the day.
(c) Unauthorized money or currency in excess of the applicable authorized amount found in a juvenile's possession at a day program shall be immediately seized and turned over to Superintendent or designee, together with any reports required by this subchapter, and then forwarded to the Office of Investigations.
1. Any juvenile found to be in possession of or to have control over such money or currency shall receive a disciplinary report.
2. At the conclusion of disciplinary proceedings, the money or currency shall be turned over to the Fiscal Manager with a copy of the adjudicated disciplinary report. The Fiscal Manager shall be responsible for depositing and recording the funds to the appropriate account.
3. Money or currency forfeited by the juvenile that is not the subject of a disciplinary action shall be returned to the juvenile.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 12 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:103-12.8 - Disciplinary reports

Current through Register Vol. 56, No. 14, July 15, 2024
With respect to juveniles subject to N.J.A.C. 13:101, Juvenile Discipline, when disciplinary reports are issued resulting from application of this subchapter, such reports shall be issued and adjudicated in accordance with the provisions of 13:101-4.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 12 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:103-12.9 - Introduction of contraband into a community program and removal of contraband from a community program by a visitor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any visitor present within the community program or on its grounds shall surrender any item, article, or material that the Superintendent or designee shall determine to be contraband.
1. The staff member seizing any item, article, or material determined to be contraband shall give the visitor an itemized, dated, and signed receipt. When possession of the seized item, article, or material does not appear to violate any Federal or State statute the staff member shall, in return for the receipt, return the item to the visitor when the visitor exits the facility.
2. If there is reason to believe that possession of the contraband violates a Federal or State statute, local law enforcement authorities and the Office of Investigations shall be notified immediately.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 12 - CONTRABAND AND DISPOSITION OF CONTRABAND › Section 13:103-12.10 - Introduction of contraband into a community program and removal of contraband from a community program by the mail

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Incoming correspondence and publications shall always be inspected for contraband. Any discovery of contraband in correspondence or publications shall be handled in accordance with N.J.A.C. 13:103-7.
(b) Unauthorized money or currency found in correspondence or publications shall be handled in accordance with 13:103-12.6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 14 - DISCIPLINE OF JUVENILES IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-14.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets out internal procedures applicable to juveniles residing in residential community homes when they violate program rules.
(b) The purpose of this subchapter is to provide a two-tier procedure for disciplining juveniles in residential community homes, to be used in those cases determined by the Superintendent or designee to warrant measures beyond normative therapeutic interventions, as follows:
1. Tier 1: The removal of a committed juvenile to a Commission secure facility for a disciplinary hearing under the provisions of N.J.A.C. 13:101; and
2. Tier 2: Internal discipline within the residential community home of either a committed juvenile or a probationer under the provisions of 13:103-14.6 and 14.7.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 14 - DISCIPLINE OF JUVENILES IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-14.2 - Notification to juveniles about disciplinary rules and regulations; accountability and disciplinary authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The residential community home's juvenile handbook, provided for in N.J.A.C. 13:103-2, shall include information describing the disciplinary procedures set forth in this subchapter and any facility-specific supplemental rules or procedures.
(b) All changes in disciplinary rules shall be posted in the living and common areas of the residential community home.
(c) Staff is responsible for the discipline of juveniles, and shall not delegate that responsibility to other juveniles.
(d) Although juveniles shall be accountable for their conduct within group settings, a formal disciplinary sanction shall not be threatened or administered to a juvenile for the misbehavior of another juvenile or juveniles.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 14 - DISCIPLINE OF JUVENILES IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-14.3 - Disciplinary charges; Tier 1 removal and Tier 2 internal discipline

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All Tier 1 and 2 disciplinary actions shall be based upon a charge or charges that the juvenile has violated one or more of the offenses set forth in 13:101-4.1.
(b) Tier 2. If the Superintendent determines that the charge or charges against a committed juvenile or a probationer are too serious to warrant normative therapeutic intervention, but are not serious enough to warrant either Tier 1 removal or possible violation of probation, the juvenile shall be subject to discipline under the Tier 2 procedures set forth in 13:103-14.6 and the disciplinary sanctions set forth in 13:103-14.7.
(c) Tier 1. Subject to approval by the Director of Community Programs or designee, if the Superintendent determines that the charge or charges against a committed juvenile are too serious to warrant Tier 2 procedures, the juvenile shall be removed from the residential community home and transferred to the custody of the Commission's Office of Secure Care for processing and adjudication of charges under the provisions of N.J.A.C. 13:101.
1. Probationers are not subject to Tier 1 discipline, but are subject to possible violation of their probation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 14 - DISCIPLINE OF JUVENILES IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-14.4 - Reports to the prosecutor on violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Superintendent or designee shall report all violations that may constitute crimes of the first, second, third, or fourth degree under the Criminal Code of the State of New Jersey (2C:1-1 et seq.) to the Director of Community Programs and to the Director of Investigations.
1. Subject to review and approval by the Executive Director, the Director of Investigations shall then refer the reported violation to the prosecutor of the county in which the facility is located.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 14 - DISCIPLINE OF JUVENILES IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-14.5 - Initiation of discipline procedures; determination by Superintendent or designee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A staff member who witnesses conduct on the part of a juvenile that violates residential community home rules of behavior, or which otherwise may warrant discipline, shall immediately report the conduct to the shift coordinator.
(b) When alleged conduct constitutes a violation under 13:101-4.1 that the shift coordinator believes may be sufficiently serious to warrant action beyond therapeutic intervention, the shift coordinator shall prepare an RCH Discipline Form describing the violation and proposed corrective action, including a recommendation whether either Tier 1 or 2 discipline is warranted. The form shall be completed immediately following the violation or as soon thereafter as practicable, but not later than the end of the shift on which the violation occurred. The form shall be distributed as follows:
1. One copy of the form shall be served on the juvenile; and
2. Two copies shall be forwarded immediately to the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 14 - DISCIPLINE OF JUVENILES IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-14.6 - Tier 2 procedures; disciplinary conference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A juvenile subject to Tier 2 discipline shall be afforded the right to challenge the violation and/or the proposed disciplinary sanction via an internal disciplinary conference held by the Superintendent or designee. The Superintendent or designee shall hold the conference as soon as is practical, but no later than during the weekday following the shift during which the incident occurred.
1. A discipline conference shall be attended by:
i. The Superintendent, or designee;
ii. The Shift Coordinator or youth worker designated by the Superintendent;
iii. A representative of either social or mental health services; and
iv. Such other personnel as are deemed appropriate by the Superintendent or designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 14 - DISCIPLINE OF JUVENILES IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-14.7 - Authorized disciplinary sanctions under Tier 2 internal discipline

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No disciplinary sanctions may be imposed upon a juvenile except upon the prior authorization of the Superintendent or designee.
(b) The following disciplinary sanctions may be imposed upon a juvenile subject to Tier 2 internal discipline:
1. Withdrawing a privilege or an individual or group activity, for example, recreation, television, or radio privileges, for no more than five days; withdrawal of meals and snacks provided by the facility are not permitted to be used as a sanction;
2. Requiring a juvenile to pay for repair of damaged property, to repair the damage, or to complete a work task;
3. Restriction to the residential community home until given permission to participate in off-unit activities.
i. Restriction to the residential community home shall not exceed 48 hours without approval of the Superintendent or designee.
ii. Restriction to the residential community home shall not apply to medical appointments, religious activities, educational obligations, or outside employment, unless reasonable security or therapeutic concerns would restrict these as well;
4. Formal reprimand communicated to a juvenile by the shift coordinator or above; or
5. Up to seven hours of extra work duty to be served within a period of 10 days;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 103 - COMMUNITY PROGRAMS › Subchapter 14 - DISCIPLINE OF JUVENILES IN RESIDENTIAL COMMUNITY HOMES › Section 13:103-14.8 - Recommendation that a juvenile be judged in violation of probation or be transferred to another residential community home

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to approval by the Director of Community Programs or designee, when a juvenile demonstrates an ongoing inability to benefit from the program at the residential community home, the Superintendent may recommend that the juvenile:
1. Be judged to be in violation of his or her conditions of probation;
2. Be transferred to another residential community home; or
3. Be referred to Mental Health Services or to another program or treatment regimen for appropriate care and/or treatment.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 1 - GENERAL PROVISIONS › Section 14:1-1.2 - Construction and amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules
				shall be liberally construed to permit the Board to effectively carry out its
				statutory functions and to secure just and expeditious determination of issues
				properly presented to the Board.
(b) In special cases and for good cause
				shown, the Board may, unless otherwise specifically stated, relax or permit
				deviations from this chapter.
1. The Board
				shall, in accordance with the general purposes and intent of its rules, waive
				section(s) of its rules if full compliance with the rule(s) would adversely
				affect the ratepayers of a utility or other regulated entity, the ability of
				said utility or other regulated entity to continue to render safe, adequate and
				proper service, or the interests of the general public;
2. Any person or entity seeking waiver of any
				of the Board's rules or parts thereof shall apply, in writing, or
				electronically, through email, to the Secretary of the Board. A request for
				waiver shall include the following:
i. The
				specific rule(s) or part(s) thereof for which waiver is requested;
ii. The reasons for the request of waiver,
				including a full statement setting forth the type and degree of hardship or
				inconvenience that would result if full compliance with the rule(s) would be
				required; and
iii. Documentation to
				support the request for waiver.
3. The Board reserves the right to request
				additional information before reaching a determination regarding the
				application for waiver.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 1 - GENERAL PROVISIONS › Section 14:1-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Board" means the Board of Public Utilities.
"Commissioner" means a member of the Board of Public
				  Utilities.
"Electronically filed" means submitted to the Board Secretary
				  through the Board's External Access Portal,
http://www.nj.gov/bpu/agenda/efiling/
,
				  or emailed to Board.Secretary@bpu.nj.gov.
"Person" means an individual, firm, joint venture,
				  partnership, copartnership, corporation, association, State, county,
				  municipality, public agency or authority, bi-state or interstate agency or
				  authority, public utility, regulated entity, cable television company,
				  cooperation association, joint stock association, trust, limited liability
				  company, governmental entity, or other legal entity, and includes any trustee,
				  receiver, assignee, or personal representative thereof. A person may or may not
				  be a regulated entity.
"Presiding officer" means any member of the Board or a staff
				  member who is designated as a hearing examiner in an uncontested case.
"Regulated entity" means a person or entity that is subject
				  to the jurisdiction of the Board, or that provides a product or service subject
				  to the jurisdiction of the Board. This term includes a utility, as defined in
				  this section.
"Secretary" means the Secretary, Assistant Secretary or any
				  other person duly authorized to act in such capacity by the Board.
"Utility" has the same meaning as defined in
				  48:2-13 and includes pipeline
				  utilities as defined in
				  48:10-3, and municipally-operated
				  utilities, insofar as the Board's jurisdiction is extended to them under the
				  appropriate statutes.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 1 - GENERAL PROVISIONS › Section 14:1-1.4 - Offices and hours

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The statutory office of the Board and the
				Secretary are located at 44 South Clinton Avenue, PO Box 350, Trenton, New
				Jersey 08625-0350.
(b) All offices
				of the Board are open on weekdays from 9:00 A.M. to 5:00 P.M., unless otherwise
				authorized by the Board.
(c) The
				offices are closed on State recognized legal holidays, Saturdays and
				Sundays.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 1 - GENERAL PROVISIONS › Section 14:1-1.5 - Requesting Board action on a complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				petitions that seek to start a formal proceeding before the Board shall conform
				to N.J.A.C. 14:1-4 and 5.
(b) A
				formal complaint requesting a formal hearing shall consist of a petition to the
				Board that meets the applicable requirements of N.J.A.C. 14:1-4 and 5,
				accompanied by the appropriate fee in the amount and in the manner prescribed
				in 14:1-2.1 and
				14:1-2.2.
(c) An informal complaint or filing,
				requesting Board action without a formal Board proceeding may be made by
				letter, telephone call, e-mail, fax or other writing, in accordance with
				14:1-5.1 3.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 1 - GENERAL PROVISIONS › Section 14:1-1.6 - Communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All communications, including formal
				pleadings, correspondence and other papers, shall be submitted to the Board
				Secretary by email, filed electronically through the Board's External Access
				Portal, hand delivered, or mailed to the Secretary, Board of Public Utilities,
				44 South Clinton Avenue, PO Box 350, Trenton, New Jersey 08625-0350.
(b) All communications, except for comments
				on rule proposals, or other communications specifically exempted by rule, or by
				waiver pursuant to
				N.J.A.C.
				14:1-1.2(b), shall be deemed
				to be officially received when submitted to the Board Secretary by email, filed
				electronically through the Board's External Access Portal, or the postmarked
				date of the communication, if mailed to the Secretary at the office address
				listed at (a) above. The Secretary may, in his or her discretion, receive by
				hand delivery papers and correspondence for filing.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 1 - GENERAL PROVISIONS › Section 14:1-1.6A - Submittal of comments on rule proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section governs submittal of comments on all rule proposals published by the
				Board in the New Jersey Register.
(b) (Reserved.)
(c) Comments on rule proposals shall be filed
				electronically through the Board's External Access Portal; uploaded through the
				Board's Public Document Search tool; emailed to Board.Secretary@bpu.nj.gov; or
				sent by hand delivery or regular mail, on or before the date identified in the
				rule proposal published in the New Jersey Register. All electronically filed
				documents shall be submitted in Microsoft Word or PDF format with text that is
				searchable and able to be copied and pasted.
(d) The date upon which a comment on a rule
				proposal shall be deemed received shall be, as follows:
1. The date upon which the Board receives the
				comment at the email address set forth in the published proposal or, if
				electronically filed, the date of submission;
2. The date upon which the comment is hand
				delivered to the Secretary; or
3.
				The date upon which a comment sent by regular mail to Board offices is
				postmarked, in accordance with
				1:30-5.4(d).
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 1 - GENERAL PROVISIONS › Section 14:1-1.7 - Official records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Secretary shall have custody of the
				Board's seal and its official records, including the minutes of all action
				taken by the Board.
(b) Copies of
				rules and orders and decisions of the Board will be furnished by the Secretary
				by email or by regular mail upon payment of appropriate fees.
(c) Copies of official Board annual reports
				or other reports will be furnished by the Secretary, or its designee, by email
				or by regular mail upon payment of appropriate fees.
(d) The Board may supplement official reports
				and documents electronically as deemed appropriate by the Secretary of the
				Board.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 1 - GENERAL PROVISIONS › Section 14:1-1.8 - Cameras and recording devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proceedings
				before the Board shall be conducted with proper decorum.
(b) The use of cameras and recording devices,
				including still cameras, movie cameras, television cameras, tape recorders and
				stenotype machines, hereinafter referred to as "equipment", in open meetings or
				other public proceedings conducted by the Board is permitted.
(c) Any accredited member of the news media
				desiring to use such equipment shall first contact the Board's Office of
				Communications to arrange for the set-up and removal of equipment so as not to
				interfere with the orderly conduct of the proceedings.
(d) No such equipment shall be placed on the
				counsel tables, witness stand or on the Board or presiding officer's bench,
				without the approval of the Board or presiding officer; equipment which would
				require the user to move about the room during the proceedings is prohibited.
				Moving about the meeting room in order to more advantageously use such
				equipment is prohibited, while the meeting is in session.
(e) Except for portable equipment which is
				used at an individual's seat in the audience, such equipment must be in place
				and ready for use prior to the start of the meeting or during a recess. A
				pre-arranged recess for the set-up or removal of such equipment may be arranged
				through the Office of Communications.
(f) The Board or presiding officer may, for
				good cause shown, suspend the operation of all or part of this rule with
				respect to a particular meeting.
(g) The Board or presiding officer may at any
				time limit or prohibit the use of any or all such equipment in meetings where
				in the opinion of the Board or presiding officer use of such equipment may
				obstruct the conduct of the meeting.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 2 - FEES AND CHARGES › Section 14:1-2.1 - Amount of fees and charges

Current through Register Vol. 56, No. 14, July 15, 2024
The Board has been empowered, authorized and required by law
				  to charge and collect fees and charges more particularly set forth in
				  48:2-56. Pursuant to
				  48:2-72, however, the collection
				  of such fees and charges shall be inapplicable to public utilities subject to
				  assessment as provided in Title 48 of the New Jersey Statutes Annotated.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 2 - FEES AND CHARGES › Section 14:1-2.2 - Payment of fees and charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No petition,
				report, notice, or other document will be accepted for filing, and no request
				for hard copies of any forms, pamphlets, or documents will be granted, nor
				action taken by the Board, unless such filings and requests are accompanied by
				the required fees or charges, as provided by law.
(b) All checks for payment of such fees and
				charges shall be made payable to the order of "Treasurer, State of New Jersey"
				and delivered or mailed to the Secretary of the Board, or designee, 44 South
				Clinton Avenue, PO Box 350, Trenton, New Jersey 08625-0350. The check shall
				include a description as to the nature of the payment.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 3 - APPEARANCE BEFORE THE BOARD › Section 14:1-3.1 - Appearances

Current through Register Vol. 56, No. 14, July 15, 2024
Any person appearing before or transacting business with the
				  Board in a representative capacity may be required by the Board to file
				  evidence of his or her authority to act in such capacity, subject to the
				  provisions at
				  N.J.A.C.
				  1:1-5.1, 5.2, and 5.4.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 3 - APPEARANCE BEFORE THE BOARD › Section 14:1-3.2 - Ethical conduct

Current through Register Vol. 56, No. 14, July 15, 2024
All attorneys appearing in proceedings before the Board in a
				  representative capacity shall conform to the standards of ethical conduct
				  required of attorneys before the courts of the State of New Jersey.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 3 - APPEARANCE BEFORE THE BOARD › Section 14:1-3.3 - Former employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No former member or employee of the Board
				of Public Utilities or member of the Attorney General's Office assigned to the
				Board of Public Utilities may appear before the Board or engage with Board
				staff in a representative capacity by writing letters, sending emails, making
				phone calls, making physical appearances, or serving as an expert witness, on
				behalf of any third-party, except for the State or a third-party engaged by the
				Board of Public Utilities to perform work on its behalf under its control and
				direction, at any time within six months after separation from the Board of
				Public Utilities or the Office of the Attorney General.
(b) After the expiration of the six-month
				period, no former member or employee of the Board of Public Utilities or member
				of the Attorney General's Office assigned to the Board of Public Utilities may
				appear in a representative capacity, by writing letters, sending emails, making
				phone calls, making physical appearances, or serving as an expert witness, on
				behalf of any third-party, except for the State or a third-party engaged by the
				Board of Public Utilities to perform work on its behalf and under its control
				and direction, at any time in any specific cause, proceeding, application, or
				matter wherein the former employee or member had direct and substantial
				involvement while associated with the Board of Public Utilities.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 4 - PLEADINGS › Section 14:1-4.1 - Pleadings enumerated and defined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pleadings
				before the Board shall be petitions, answers, and replies which, for purposes
				of these rules, are defined as follows:
1.
				"Petition" means the pleading filed to initiate a proceeding invoking the
				jurisdiction of the Board;
2.
				"Answer" means the pleading filed by a respondent or other party against whom a
				petition is directed or who is affected by the filing of a petition;
				and
3. "Reply" means the pleading
				filed by the petitioner or others in response to an answer.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 4 - PLEADINGS › Section 14:1-4.2 - Number of copies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise required by the Board,
				there shall be filed with the Board for its own use, an original and one
				conformed copy of each pleading or other document and amendment thereof, when
				filed by hard copy.
(b) Where a
				pleading originating a proceeding is filed by a party other than a utility or
				other regulated entity subject to the jurisdiction of the Board, one additional
				conformed copy shall be filed for each respondent named therein for service by
				the Secretary in accordance with the provisions of
				14:1-4.5.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 4 - PLEADINGS › Section 14:1-4.2A - Electronic filing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The filing
				requirements of this subchapter shall not apply to any electronically filed
				pleading or other document and amendment thereof submitted through the
				electronic filing program established by the Board.
(b) The requirements of the electronic filing
				program established by the Board shall include, but not be limited to:
1. The electronic copy shall be considered
				the filed copy and any subsequent changes to the e-filed document must be filed
				as an amendment or supplement to the original filing;
2. Electronically submitted documents shall
				be deemed as officially filed upon submission; and
3. Any portion of the filing submitted by
				hard copy shall be subject to the provisions at
				N.J.A.C.
				14:1-4.2.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 4 - PLEADINGS › Section 14:1-4.3 - Attachments to pleadings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All balance
				sheets, income statements, and journal entries submitted with pleadings must
				conform to the applicable Uniform System of Accounts.
(b) This section shall not apply to entities
				exempted by the Federal Communications Commission from using the Uniform System
				of Accounts as specified at
				N.J.A.C.
				14:10-1A.13.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 4 - PLEADINGS › Section 14:1-4.4 - Defective pleadings

Current through Register Vol. 56, No. 14, July 15, 2024
Pleadings will be liberally construed with the view to
				  effect justice. The Board may disregard errors or defects in pleadings which do
				  not affect the substantial rights of the parties. However, if the defect in a
				  pleading prejudices a substantial right of any party the Board may, on notice,
				  strike the pleading or take such other action as it deems appropriate.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 4 - PLEADINGS › Section 14:1-4.5 - Service and notice of proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				otherwise provided for by statute or in this chapter or unless otherwise
				ordered or permitted by the Board, the following provisions shall govern:
1. A petition filed on behalf of a public
				utility or other regulated entity shall be served by such utility or other
				regulated entity or its agent or attorney upon each respondent named in such
				petition;
2. A petition originating
				a proceeding filed by a party other than a public utility or other regulated
				entity shall be served by the Secretary of the Board upon each respondent named
				in such petition.
i. Each utility or other
				regulated entity shall furnish to the Secretary of the Board and keep current
				the name, title, street address, telephone number and e-mail address of the
				person responsible for receiving service of petitions on its behalf;
3. Every other pleading, including
				all answers, replies, notices, briefs, and other papers, shall be served by the
				party filing the same, whether a utility or other regulated entity or not, on
				all other parties of record concurrently with or prior to the filing
				thereof;
4. Every pleading and
				attachment in rate and/or tariff matters, including all answers, replies,
				notices, briefs, and other papers, shall be served by the party filing the
				same, whether a utility or other regulated entity, or not, on the Division of
				Rate Counsel on the same day that papers are filed at the Board; and
5. Whenever public notice is required, the
				same shall be at the expense of the party directed to give such
				notice.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 4 - PLEADINGS › Section 14:1-4.6 - Verification

Current through Register Vol. 56, No. 14, July 15, 2024
All pleadings initiating a proceeding or otherwise seeking
				  affirmative relief shall be verified except for those matters brought upon the
				  Board's own motion or the motion of the Attorney General of the State of New
				  Jersey.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 4 - PLEADINGS › Section 14:1-4.7 - Changes in facts or circumstances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever,
				subsequent to the date of a pleading, there is any significant change in
				respect to matter contained in such pleading, the party who filed the pleading
				shall promptly file an amendment showing or explaining the changed facts or
				circumstances.
(b) The filing of
				such amendment shall be considered a new filing as of the date of its filing
				unless otherwise ordered or permitted by the Board.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.1 - Form and content

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All petitions
				shall comply with the provisions of N.J.A.C. 14:1-4 to the extent applicable;
				shall clearly and concisely state the facts and relief sought; shall cite by
				appropriate reference the statutory provision or other authority under which
				the Board's action is sought; and in addition, shall contain such information
				or statements as are required by provision of the statute and the applicable
				provision of these rules, or such other rules or orders adopted by the Board
				pertaining to certain petitions, or as may be required by the Board in a
				particular proceeding.
(b) Special
				requirements with respect to certain types of petitions are set forth in
				14:1-5.5.
(c) Petitions directed to particular
				respondents shall conclude with a direction that the respondent satisfy the
				prayer of the petition or file and serve an answer within 20 days in accordance
				with these rules.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.2 - Applications to other regulatory bodies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the
				relief sought in a petition also requires the approval or authorization of any
				other State or Federal regulatory body, the petition to the Board shall so
				state and include the following:
1. The
				current status of such application;
2. If the application to the other regulatory
				body or bodies has already been filed, a copy of each such application shall be
				attached to the petition to the Board, together with a copy of any order or
				certificate issued relating thereto; and
3. If such an application or amendment
				thereof is filed with another State or Federal regulatory body subsequent to
				the date of filing with the Board but prior to its determination, a copy of
				such application or amendment thereof, together with a copy of any order or
				certificate issued relating thereto, shall be filed with the Board and served
				upon other parties of record.