N.J. Admin. Code § 19:13-3.7

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

Section 19:13-3.7 - Request for evidentiary hearing

(a) Any party desiring an evidentiary hearing shall file with the Chair or such other person designated by the Commission an original and two copies of a written request therefor, together with proof of service of a copy of such request upon the other party. Such request shall be filed no later than five days from the receipt of respondent's initial brief. Failure to file a timely request for evidentiary hearing shall constitute a waiver of any right to such hearing. Any such request shall set forth in detail the substantial and material disputed factual issues that the requesting party contends necessitate an evidentiary hearing. Factual allegations not raised shall be deemed to be not in dispute.

(b) Upon a timely filing of such request, the other party shall within seven days from the service of the request file with the Chair or such other person designated by the Commission an original and two copies of a written response to the request, together with proof of service of a copy of the response upon the requesting party. The response shall specifically reply to each factual issue alleged to be in dispute by the requesting party and shall also state what, if any, additional factual issues not raised by the requesting party are alleged to be in dispute. Any factual issue not specifically responded to or raised in the response shall be deemed not to be in dispute.

(c) The request for an evidentiary hearing and response, together with the petition for scope of negotiations determination, shall constitute the pleadings for the evidentiary hearing.

N.J. Admin. Code § 19:13-3.7

Amended by R.2006 d.230, effective 6/19/2006.
See: 38 N.J.R. 1309(a), 38 N.J.R. 2735(a).
In (a), in the first sentence, capitalized "Chairman" and "Commission" and substituted "request" for "requests", and in the fourth sentence, deleted "specific factual issues which the requesting party contends are" preceding "substantial" and substituted "that the requesting party contends necessitate" for "necessitating".
Recodified from N.J.A.C. 19:13-3.6 and amended by R.2011 d.238, effective 9/6/2011.
See: 43 N.J.R. 1189(a), 43 N.J.R. 2370(a).
In (a), substituted "Chair" for "Chairman"; and in (b), substituted "Chair" for "chairman" and "Commission" for "commission". Former N.J.A.C. 19:13-3.7, Evidentiary hearings, recodified to N.J.A.C. 19:13-3.8.