N.J. Admin. Code § 19:14-8.1

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

Section 19:14-8.1 - Action by the Commission; decision in the absence of exceptions; exhaustion of administrative remedies

(a) If exceptions are filed, 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.

(c) A party must file exceptions to a hearing examiner's report pursuant to N.J.A.C. 19:14-7.3 in order to exhaust administrative remedies before the Commission and preserve a right to appeal to the Superior Court, Appellate Division, unless the Commission has notified the parties that it will consider the matter further in the absence of exceptions, pursuant to (b) above. A party who chooses not to file exceptions with the Commission may seek leave to appeal from the Appellate Division according to court rules.

N.J. Admin. Code § 19:14-8.1

Amended by 49 N.J.R. 3546(a), effective 11/6/2017

Amended by 56 N.J.R. 2300(c), effective 12/2/2024