N.J. Admin. Code § 13:69B-2.12

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:69B-2.12 - Motions for reconsideration; motions to reopen the record; motions for relief; dispositive motions; protective orders

(a) Any party may, within 10 days after the service of a final Division order, file a motion for reconsideration which motion may seek to reopen the record. The motion shall be in writing and shall state the grounds upon which relief is sought. The Division may grant such motion, under such terms and conditions as the Division may deem appropriate, when the Division finds just cause for reconsideration of the order based upon legal, policy or factual argument advanced by the movant or raised by the Division on its own motion.

(b) Any party may, within one year after the service of a final Division order, file a motion to reopen the record based upon newly discovered evidence. The motion shall be supported by an affidavit of the moving party or counsel showing with particularity the materiality and necessity of the additional evidence and the reason why such evidence was not presented at the original hearing or on a motion for reconsideration pursuant to (a) above. The Division may grant such motion upon a showing that the newly discovered evidence is material and necessary, that sufficient reason existed for failure to present such evidence and that the evidence is reasonably likely to change the final decision of the Division. Upon reconsideration, the Division may modify its decision and order as the additional evidence may warrant.

(c) Any party may, within one year of the service of a final Division order, file a motion for relief from such an order. The motion shall be in writing and shall state the grounds upon which relief is sought. The Division may grant such motion and vacate or modify the order, reopen the record, or grant a hearing pursuant to N.J.S.A. 5:12-107, upon a showing of the following:

1. Mistake, inadvertence, surprise or excusable neglect;

2. Fraud, misrepresentation or other misconduct of an adverse party; or

3. Any other reason consistent with the public policy of the Act and in the interests of justice.

(d) No motion filed pursuant to this section, and no order granting such motion, shall suspend the operation of any Division order unless otherwise specified by order of the Division.

(e) Dispositive motions may be filed by a party to the hearing in accordance with N.J.A.C. 1:1-12.1. Dispositive motions shall be supported by briefs and, when appropriate, certifications in support of factual claims relating to the motion; or

(f) The following concern protective orders:

1. Upon motion filed with the Director and for good cause shown, the Director may at any time order that the name, address or any other identifying facts about a witness be denied or restricted.

2. Upon motion filed with the Director and for good cause shown, the Director may order the identity of a witness while testifying at a contested case hearing be concealed from the parties and the public.

3. In determining the motion, the Director may consider the following factors: protection of witnesses and others from physical harm, bribes, economic reprisals and other intimidation; protection of confidential relationships and privileges recognized by law; and any other relevant considerations.

N.J. Admin. Code § 13:69B-2.12