N.J. Admin. Code § 6A:13A-11.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 6A:13A-11.2 - Review of pleadings

(a) Upon review of the petition, answer, and supporting documentation, the Commissioner may decide to hear the matter directly pursuant to N.J.S.A. 52:14F-8 or refer the matter to the Office of Administrative Law.

(b) If the Commissioner decides to transmit the matter to the Office of Administrative Law for a hearing, where appropriate and/or requested, the Commissioner shall request that the matter be heard on an expedited basis.

(c) If the Commissioner is hearing the matter directly, the Commissioner shall use the procedures for motions for summary decision set forth at N.J.A.C. 1:1-12.5. In addition, the Commissioner shall promptly notify the parties and provide them the opportunity to submit any additional document(s) previously submitted to, or considered by, the Department in rendering the appealed decision. If the Commissioner determines, upon review of the papers submitted, there are one or more genuine issues of material fact in dispute that can be determined only in an evidentiary proceeding, the Commissioner may transmit the matter to the Office of Administrative Law as a contested case or retain the matter for an evidentiary hearing, pursuant to N.J.S.A. 52:14F-8.

N.J. Admin. Code § 6A:13A-11.2

Amended by 54 N.J.R. 1595(b), effective 8/15/2022