N.J. Admin. Code § 19:11-6.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:11-6.9 - Motions

(a) All written motions shall briefly state the order or relief sought and, if appropriate, shall be supported by affidavits.

1. An original and two copies of a motion and any response to a motion made before the designation of a hearing officer shall be filed with the Director of Representation, together with proof of service of a copy on all other parties.

2. An original and two copies of a motion and any response to a motion made after the designation of a hearing officer and before the issuance of hearing officer's report and recommendations shall be filed with the hearing officer, together with proof of service of a copy on all other parties.

3. An original and nine copies of a motion and any response to a motion made after the issuance of hearing officer's report and recommendations shall be filed with the Commission, together with proof of service of a copy on all other parties.

(b) Answering arguments, documents or affidavits, if any, must be served on all parties and shall be filed with the Director of Representation, hearing officer or Commission as set forth in (a)1, 2, or 3 above, within five days of service of the moving papers, unless otherwise ordered, except that a hearing officer may permit a response to a motion made during a hearing to be made in the same manner.

(c) No further arguments, documents or affidavits shall be filed except by leave granted by the Director of Representation, hearing officer or Commission as set forth in (a)1, 2, or 3 above. A request for leave shall be in writing, accompanied by proof of service of a copy on all other parties.

(d) The Commission may rule upon all motions filed after issuance of the hearing officer's report and recommendations or may refer the motion to the hearing officer.

(e) The Commission, Director of Representation, or hearing officer, as applicable, may decide to hear oral argument or take testimony on any motion. The parties shall be notified of the time and place of hearing argument or taking testimony.

(f) All motions, responses, rulings and orders shall be part of the record.

N.J. Admin. Code § 19:11-6.9

Amended by R.1995 d.488, effective 9/5/1995.
See: 27 New Jersey Register 2544(b), 27 New Jersey Register 3381(a).
Amended by R.2005 d.248, effective 8/1/2005.
See: 37 New Jersey Register 961(a), 37 New Jersey Register 2890(a).
Added new (c), recodified existing (c)-(e) as (d)-(f).