N.J. Admin. Code § 6A:9B-4.14

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

Section 6A:9B-4.14 - Motions

(a) All motions in certification matters that have been transmitted to the OAL will be filed with the ALJ who has been assigned to hear the case and are subject to the rules that govern OAL hearings. For matters the Board of Examiners is deciding directly, pursuant to N.J.A.C. 6A:9B-4.6, or for matters in which the ALJ has forwarded the initial decision to the Board of Examiners, pursuant to N.J.A.C. 1:1-18.1(e), the party shall file motions with the Board of Examiners. All motions made prior to the Board of Examiners' decision to hear a matter directly shall be filed with the Board of Examiners.

(b) All motions filed with the Board of Examiners shall include a notice of motion, a proof of service, a brief conforming to the requirements at N.J.A.C. 6A:9B-4.17, a copy of the decision or order that is the subject of the motion, and an affidavit setting forth any fact not in the record upon which the moving party relies. The moving party shall serve on the Board of Examiners a copy of the moving papers and a proof of service. If the Board of Examiners is not deciding the matter directly, the moving party shall serve a copy of the papers on the attorney representing the Board of Examiners. The opposing party shall have 15 days from service of the motion to file a response. If no opposing brief is filed, the Board of Examiners shall consider the motion to be unopposed. No other briefs may be filed.

(c) Unless otherwise directed by the Board of Examiners, there shall be no oral argument on motions.

(d) Upon application of any party for an extension of time, the Secretary may extend the time for filing a motion or for filing the response to a motion, provided the extension application is requested prior to the expiration for filing or responding to a motion.

N.J. Admin. Code § 6A:9B-4.14

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote (b) and (c).

Amended and recodified from 6A:9B-4.19 by 47 N.J.R. 2989(a), effective 12/7/2015

Amended by 55 N.J.R. 853(a), effective 5/1/2023