N.J. Admin. Code § 7:26H-2.3

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

Section 7:26H-2.3 - Pleadings

(a) Pleadings before the Department shall be petitions, answers, and replies which, for purpose of these rules, are defined as follows:

1. "Petition" means any pleading filed to initiate a proceeding involving the jurisdiction of the Department;

2. "Answer" means any pleading filed by a respondent or other party against whom a petition is direct or who is affected by the filing or a petition; and

3. "Reply" means any pleading filed by petitioner or others in response to an answer.

(b) All pleadings, correspondence and other papers should be mailed to the address listed in N.J.A.C. 7:26H-1.5.

(c) Unless otherwise required by the Department, there shall be filed with the Department for its own use an original and four conformed copies of each pleading.

1. Filings must include a self-addressed stamped envelope for the return of a stamped and dated copy of the filing.

2. The stamped, dated copy of the filing shall constitute proof of filing.

(d) Pleadings shall be liberally construed with the view to effect justice. The Department 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 Department may, on notice, strike the pleading or take such other action as it deems appropriate.

(e) Service and notice of proceedings shall be as follows:

1. Unless otherwise provided for by statute or in these rules or unless otherwise ordered or permitted by the Department, the following provisions shall govern:

i. A petition filed on behalf of a solid waste utility shall be served upon each respondent named in such petition;

ii. A petition originating a proceeding filed by a party other than a solid waste utility shall be served by the Director upon each respondent named in the petition;

iii. Every other pleading shall be served by the party filing the same on all other parties of record concurrent with or prior to the filing thereof; and

iv. Whenever public notice is required, the same shall be at the expense of the party directed to give such notice.

2. Whenever a party has the right or is required to do some act within a prescribed period of time after the serving of a notice or other paper upon said party, and the notice or paper is served upon said party by mail, three days from the date of mailing shall be added to the prescribed period.

(f) All pleadings initiating a proceeding or otherwise seeking affirmative relief shall be verified except for those matters brought upon the Department's own motion or the motion of the Attorney General of the State of New Jersey.

N.J. Admin. Code § 7:26H-2.3