N.J. Admin. Code § 16:51-3.6

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

Section 16:51-3.6 - Ex parte or emergency relief

(a) If a petitioner seeks ex parte action granting emergency relief, pending either the Divisions petition review process, receipt of notice by interested parties and the public, or a full hearing, it shall particularize the necessity for emergency action. The request must be supported by affidavits sufficient to make a prima facie case that the public interest will be subject to irreparable harm if the requested emergency relief is not granted.

(b) Upon receipt of the emergency application accompanied by the appropriate fee, the Division will forward to the petitioner a service list.

(c) In order to complete the emergency application, the petitioner must certify by affidavit that other interested parties as set forth in the service list were served copies of the petition by certified mail and must append copies of the post office receipts for payment of certified mail fees to the affidavit.

(d) In the event that the petition that forms the basis of the emergency authority is dismissed pursuant to N.J.A.C. 16:51-3.5(d), the emergency authority will be rescinded with prejudice.

N.J. Admin. Code § 16:51-3.6

Amended by 46 N.J.R. 872(a), effective 5/19/2014.