N.J. Admin. Code § 1:1-19.2

Current through Register Vol. 56, No. 8, April 15, 2024

Section 1:1-19.2 - Withdrawals

(a) A party may withdraw a request for a hearing or a defense raised by notifying the judge and all parties. Upon receipt of such notification, the judge shall discontinue all proceedings and return the case file to the Clerk. If the judge deems it advisable to state the circumstances of the withdrawal on the record, the judge may enter an initial decision memorializing the withdrawal and returning the matter to the transmitting agency for appropriate disposition.

(b) When a party withdraws, the Clerk shall return the matter to the agency which transmitted the case to the Office of Administrative Law for appropriate disposition.

(c) After the Clerk has returned the matter, a party shall address to the transmitting agency head any motion to reopen a withdrawn case.

N.J. Admin. Code § 1:1-19.2

Amended by R.1990 d.71, effective 2/5/1990.
See: 21 N.J.R. 3589(a), 22 N.J.R. 334(b).
In (a): deleted language specifying the entering of an initial decision for withdrawals and added, "discontinue . . . for appropriate disposition".
In (b): specified that Clerk shall return matter to agency which had transmitted the case to OAL.
In (c): deleted language referring to decision granting withdrawal.
Amended by R.1991 d.44, effective 2/4/1991.
See: 22 N.J.R. 3278(b), 23 N.J.R. 293(a).
In (a): deleted "in writing" from withdrawal procedure request.