N.J. Admin. Code § 16:51-4.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:51-4.2 - Motions in writing with no oral argument, generally; time limits

(a) With the exception of emergency applications made under (i) below, no action shall be taken thereon until at least 20 days have expired from the date of service upon the opposing party unless an expedited schedule is ordered for good cause shown.

(b) The moving papers shall establish a submission date at least 20 days from the date of service upon the opposing party, when the matter will be submitted to the Division for disposition. Proof of service shall be filed with the moving papers or promptly thereafter. No motion shall be submitted for disposition until proof of service has been provided.

(c) The opposing parties shall file and serve responsive papers, that is, an answer, no later than 10 days after receiving the moving papers.

(d) The movant may file and serve further papers, that is, a reply, responding to any matter raised by the opposing party and shall do so no later than five days after receiving the responsive papers.

(e) All motions shall be submitted for decision on the papers unless a settlement conference is arranged for by the Director.

(f) All motions shall be deemed denied if not decided within 60 days from the filing thereof, except as otherwise specified in these rules.

(g) A motion to intervene against a petition for approval, modification, or transfer of a Certificate must be filed with the Division no later than 30 days after the date of service of the petition upon the movant or 30 days after the date of publication of the notice pursuant to N.J.A.C. 16:51-3.5(e), whichever is later.

(h) The time requirements of the rule may be modified in the discretion of the Division for good cause.

(i) In the event that an immediate order of the Division is necessary to prevent irreparable harm, the movant shall set forth the nature of the emergency in his or her moving papers.

1. Upon delivery of the motion to the Division and to the respondent, the movant shall schedule a conference call with the respondent and a representative of the Division.

2. In the event that a conference call cannot be scheduled within two working days, the Division may, in its discretion, issue an Order granting interim relief.

N.J. Admin. Code § 16:51-4.2

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