N.J. Admin. Code § 19:13-3.6

Current through Register Vol. 56, No. 9, May 6, 2024

Section 19:13-3.6 - Notice of filing; additional submissions; case processing; briefs; non-conforming filings

(a) No briefs or other legal argument shall be filed until the petitioner has received from the Commission a notice of filing. The notice may include a request for additional information.

(b) The petitioner shall file a brief in support of its petition within 14 days of receipt of the notice of filing setting a briefing schedule, unless the Chair, or such other person designated by the Commission, postpones the filing of briefs and advises the parties how the case will be processed. An original and nine copies of the brief shall be filed together with proof of service of a copy of such brief upon the respondent.

(c) Within 14 days after the service of the petitioner's brief, the respondent shall file with the Chair or such other person designated by the Commission an original and nine copies of its brief, together with proof of service of a copy of such brief upon the petitioner.

(d) The petitioner may file with the Chair or such other person designated by the Commission an original and nine copies of a reply brief within seven days after the service of the respondent's brief, together with proof of service of a copy of such reply brief upon the respondent. No other briefs shall be served or filed without leave of the Chair or such other person designated by the Commission.

(e) The Chair or such other person designated by the Commission may grant written requests for extensions of time within which to file briefs. Such request shall set forth the reasons for the request and the position of the other party regarding the requested extension.

(f) All briefs filed with the Commission shall:

1. Recite all pertinent facts supported by certification(s) based upon personal knowledge.

2. Cite all pertinent statutes, rules and cases and, where the brief exceeds 20 pages in length, include a Table of Authorities;

3. Apply all relevant negotiability tests and precedents to the particular facts of the dispute; and

4. Contain an appendix with all pertinent documents not previously filed.

(g) Briefs not substantially complying with the requirements of (f) above may be rejected.

N.J. Admin. Code § 19:13-3.6

Amended by R.2006 d.230, effective 6/19/2006.
See: 38 N.J.R. 1309(a), 38 N.J.R. 2735(a).
Section was "Briefs". Capitalized "Commission" and "Chairman" throughout; rewrote (a); added present (b); recodified existing (b) through (d) as (c) through (e); and added (f).
Recodified from N.J.A.C. 19:13-3.5 and amended by R.2011 d.238, effective 9/6/2011.
See: 43 N.J.R. 1189(a), 43 N.J.R. 2370(a).
Section was "Notice of filing; additional submissions; case processing; briefs". In (b) through (e), substituted "Chair" for "Chairman" throughout; and added (g). Former N.J.A.C. 19:13-3.6, Request for evidentiary hearing, recodified to N.J.A.C. 19:13-3.7.