N.J. Admin. Code § 16:65-5.2

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

Section 16:65-5.2 - Motions in writing with no oral argument, generally; time limits

(a) With the exception of emergency relief applications made under 16:65-4.4, when a motion is in writing, no action shall be taken on a motion 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 Department for disposition. Proof of service shall be filed with the moving papers or promptly thereafter.

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

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

(e) All motions in writing shall be submitted for disposition on the papers unless a settlement conference is scheduled by the Director.

(f) A motion to intervene against a petition for approval, modification, or transfer of a certificate must be filed with the Department no later than 30 days after the date of service of the petition upon the movant, in those cases where the movant has been served a copy of the petition; and, in all other such cases, 30 days after the last date of publication required under 16:65-4.1(c)1. Motions must be filed either prior to the transmittal of the case to the Office of Administrative Law as a contested case or prior to the issuance of the Department's final decision on the matter, whichever is earlier.

(g) The time requirements of this section may be modified by the Commissioner for good cause shown.

N.J. Admin. Code § 16:65-5.2

Amended and recodified from 16:65-4.2 by 47 N.J.R. 1997(a), effective 8/3/2015