N.J. Admin. Code § 1:1-3.3

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

Section 1:1-3.3 - Return of transmitted cases

(a) A case that has been transmitted to the Office of Administrative Law shall be returned to the transmitting agency if the transmitting agency head so requests in written notice to the Office of Administrative Law and all parties. The notice shall state the reason for returning the case. Upon receipt of the notice, the Office of Administrative Law shall return the case.

(b) A case shall be returned to the transmitting agency by the Clerk of the Office of Administrative Law if, after appropriate notice, neither a party nor a representative of the party appears at a proceeding scheduled by the Clerk or a judge (see 1:1-14.4 ). Any explanations regarding the failure to appear must be in writing and received by the transmitting agency head within 13 days of the date of the Clerk's notice returning the case. A copy of the explanation shall be served on all other parties. If, based on such explanations, the agency head believes the matter should be rescheduled for hearing, the agency head may re-transmit the case to the Office of Administrative Law, pursuant to 1:1-8.2.

(c) Upon returning any matter to the transmitting agency, the Clerk shall issue an appropriate notice to the parties which shall advise the parties of the time limit and requirements for explanations as set forth in (b) above.

(d) The agency head may extend the time limit for receiving explanations regarding the failure to appear when good cause is shown.

N.J. Admin. Code § 1:1-3.3

Amended by R.1989 d.605, effective 12/18/1989.
See: 21 N.J.R. 3207(a), 21 N.J.R. 3914(a).
Deleted language stating that an initial decision shall be entered returning the case.
Amended by R.1991 d.279, effective 6/3/1991 (operative July 1, 1991).
See: 23 N.J.R. 639(a), 23 N.J.R. 1786(a).
Added new subsections (b) and (c), recodifying original rule text as subsection (a).
Amended by R.1991 d.513, effective 10/21/1991.
See: 23 N.J.R. 1728(a), 23 N.J.R. 3133(a).
Explanation for failure to appear to be submitted within 13 days.