N.J. Admin. Code § 1:1-19.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 1:1-19.1 - Settlements

(a) Where the parties to a case wish to settle the matter, and the transmitting agency is not a party, the judge shall require the parties to disclose the full settlement terms:

1. In writing, by consent order or stipulation signed by all parties or their attorneys; or

2. Orally, by the parties or their representatives.

(b) Under (a) above, if the judge determines from the written order/stipulation or from the parties' testimony under oath that the settlement is voluntary, consistent with the law and fully dispositive of all issues in controversy, the judge shall issue an initial decision incorporating the full terms and approving the settlement.

(c) Where the parties to a case wish to settle the matter and the transmitting agency is a party to the case, if the agency head has approved the terms of the settlement, either personally or through an authorized representative, the parties shall:

1. File with the Clerk and the assigned judge, if known, a stipulation of dismissal, signed by the parties, their attorneys, or their non-lawyer representatives when authorized pursuant to N.J.A.C. 1:1-5.5(f); or

2. If the parties prefer to have the settlement terms incorporated in the record of the case, then the full terms of the settlement shall be disclosed in a consent order signed by the parties, their attorneys, or their non-attorney representatives when authorized pursuant to N.J.A.C. 1:1-5.5(f). The consent order shall be filed with the Clerk and the assigned judge, if known.

(d) The stipulation of dismissal or consent order under (c) above shall be deemed the final decision.

N.J. Admin. Code § 1:1-19.1

Amended by R.1987 d.461, effective 11/16/1987.
See: 19 N.J.R. 1593(a), 19 N.J.R. 2131(c).
(b)1.-2. added to clarify that in those cases where the agency head, either in person or through counsel, has consented to the settlement terms.
Amended by R.1995 d.300, effective 6/19/1995.
See: 27 N.J.R. 1343(a), 27 N.J.R. 2383(a).
Amended by R.2007 d.393, effective 12/17/2007.
See: 39 N.J.R. 2393(a), 39 N.J.R. 5201(a).
In the introductory paragraph of (a), substituted "transmitting agency is not a party" for "agency head has not consented to the settlement terms"; and rewrote (c).