N.J. Admin. Code § 16:65-4.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 16:65-4.4 - Ex parte or emergency relief; and minor modification of regular service

(a) If a petitioner seeks an ex parte action granting emergency relief, pending either the Department's petition review process or a full hearing, a petitioner shall demonstrate the necessity for emergent action. The petition 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) Where the method of giving notice is not provided in this chapter, notice in advance of filing shall be given, if practical, to any affected party. The petitioner must certify by affidavit that interested parties, including all transportation utilities operating in the proposed or actual service area, were served copies of the petition by certified mail.

(c) The Department may grant a minor modification of service as part of ex parte relief, provided the notice requirements in (a) and (b) above have been met.

1. A minor modification of service means a temporary change in service lasting no longer than 90 days.

2. The transportation utility requesting the change shall submit with its request, proof of notification to any municipality or county affected by the minor modification of service.

(d) Relief granted under (c) above shall be provisional, pending final Department approval of the modification or upon other nullification of the provisional relief by the Department.

N.J. Admin. Code § 16:65-4.4

Recodified from 16:65-3.4 by 47 N.J.R. 1997(a), effective 8/3/2015