N.J. Admin. Code § 6A:3-1.12

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

Section 6A:3-1.12 - Summary decision

(a) At any time concurrent with or subsequent to the filing of an answer, but prior to transmittal of a matter to the OAL, any party may apply to the Commissioner for summary decision by way of a motion with proof of service on each other party. The Commissioner may decide the motion directly or transmit it to the OAL for disposition.

(b) Applications for summary decision after a matter has been transmitted to the OAL shall be filed with the ALJ in accordance with applicable rules of the OAL.

The following annotation applies to N.J.A.C. 6:24-1.13 prior to its repeal by R.1991 d.57:
Amended by R.1986 d.157, effective 5/5/1986.
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Old text deleted and new substituted.
The following annotations apply to N.J.A.C. 6:24-1.13 subsequent to its recodification from N.J.A.C. 6:24-1.15 by R.1991 d.57:
As amended, R.1973 d.232, effective 8/10/1973.
See: 5 N.J.R. 332(a).
As amended, R.1973 d.266, effective 9/18/1973.
See: 5 N.J.R. 332(b).
Amended by R.1986 d.157, effective 5/5/1986.
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Substantially amended.
Recodified from N.J.A.C. 6:24-1.15 by R.1991 d.57, effective 2/4/1991.
See: 22 N.J.R. 2841(a), 23 N.J.R. 297(b).
Substituted "Commissioner" for "commissioner" throughout, and in (a)2, updated the N.J.A.C. reference. Former N.J.A.C. 6:24-1.13, Evidence, repealed.
The following annotations apply to N.J.A.C. 6A:3-1.12 subsequent to its recodification from N.J.A.C. 6:24-1.13 by R.2000 d.137:
Recodified from N.J.A.C. 6:24-1.13 by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Section was "Summary judgment". Rewrote the section.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Rewrote (a).
Amended by R.2010 d.072, effective 5/17/2010.
See: 41 N.J.R. 3992(b), 42 N.J.R. 929(b).
In (a), substituted "apply to" for "move before" and inserted "by way of a motion with proof of service on each other party"; and deleted (a)1.