N.J. Admin. Code § 7:26H-2.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26H-2.7 - Motions

(a) The following pertain to motions to reconsider:

1. A party may file for reconsideration of a final decision of order of the Department within 15 days of the issuance of such decision or order. Upon filing by any party of a motion for reconsideration, appropriate notice thereof shall be given by the moving party to all other parties, or their attorney of record, by service of a copy of the motion for reconsideration.

i. The motion to reconsider must state, in separately numbered paragraphs, the alleged errors of law or fact relied upon and shall specify whether consideration, argument or further hearing is requested and whether the ultimate relief sought is reversal, modification, vacation or suspension of the action taken by the Department.

ii. Where opportunity is also sought to introduce additional evidence, the evidence to be presented shall be stated briefly together with reasons for failure to previously present said evidence.

2. Within 10 days following the service of a motion to reconsider, any party to the proceeding may serve upon the moving party and file with the Department an answer thereto, and in default shall be deemed to have waived any objection to the granting of the motion.

3. As soon as practicable after the filing of answers to a motion to reopen or default, as the case may be, the Department shall grant or deny such motion. The action by the Department may be conditioned on reasonable terms.

4. The Department may at any time order a rehearing, argument or reconsideration on its own motion and extend, revoke or modify any decision or order made by it.

5. After receipt of the initial decision, any exceptions and answers, if any, shall be disposed of by the Department based on the exceptions, answers and briefs filed unless the Department, in its discretion, requires or permits oral argument, in which case the Department will schedule the matter for argument before it.

6. The Department may institute on its own motion a review of any aspect of the initial decision and it may call for oral argument, the filing of briefs, or both, or the taking of additional testimony.

(b) The following pertain to motions to intervene:

1. Any person, other than an original party to the proceeding, who is able to show a substantial and specific interest which would be effected by the proceeding may move, in writing, for leave to intervene prior to or at the time the matter is called for a hearing, or may make an oral motion for leave to intervene at the time of the hearing.

i. The motion to intervene must contain the name and address of the party intervening; the name and address of the party's attorney, if any; the party's interest affect by the proceeding; the nature and quantity of evidence the party will present if the motion to intervene is granted; and if affirmative relief is sought, a clear and concise statement of the relief sought and the basis for the relief.

ii. Where a motion to intervene seeks to broaden the issues decided at the original proceeding, such motion shall be filed with the Department and copies shall be served upon the original parties to the proceeding at least 10 days prior to the date of the hearing.

iii. Except for good cause shown, no motion to intervene will be granted after the proceeding is under way.

2. Motions to intervene shall be considered first at all hearings or may be set for prior hearing, and an opportunity shall be afforded to the original parties to be heard thereon.

3. If the Department determines that the person seeking to intervene has a substantial and specific interest which would be affected by the proceeding and whose interest with respect to the proceeding would not otherwise be adequately represented, the Department may grant the motion to intervene at the time of the hearing, on such terms as the Department may prescribe and the intervenor(s) shall be afforded the same rights and obligations as the original parties.

4. Whenever it appears during the course of a proceeding that an intervenor has no substantial and specific interest which would be affected by the proceeding, the Department may dismiss the intervenor from the proceeding.

5. Where two or more intervenors have substantially like interests, the Commissioner may at any time during the hearing, limit the number of intervenors who will be permitted to participate in the hearing, noting nonetheless the appearance of said intervenors, the names of the witnesses to be offered and the fact that their testimony is corroborative of the position of the prior intervenors.

(c) All motions shall be deemed denied if not decided within 60 days after the filing. The Department may waive this rule on its own motion or for good cause shown by a party.

N.J. Admin. Code § 7:26H-2.7

Administrative change.
See: 30 New Jersey Register 3948(a).