N.J. Admin. Code § 19:11-7.3

Current through Register Vol. 56, No. 8, April 15, 2024

Section 19:11-7.3 - Exceptions; cross-exceptions; briefs; answering briefs

(a) Within 10 days of service on it of a report and recommendations or such longer period as the Commission may allow, any party may file with the Commission an original and nine copies of any exceptions to the report and recommendations or to any other part of the record or proceedings (including rulings upon motions or objections), together with an original and nine copies of a brief in support of the exceptions. Any party may, within the same period, file an original and nine copies of a brief in support of the report and recommendations. A request for an extension of time to file exceptions or briefs shall be in writing and shall state the other parties' positions with respect to such request. Filings under this subsection shall be accompanied by proof of service of a copy on all other parties.

(b) Exceptions to a hearing officer's report and recommendations shall:

1. Specify each question of procedure, fact, law or policy to which exception is taken;

2. Identify that part of the report and recommendations to which objection is made;

3. Designate by precise page citation the portions of the record relied on, state the grounds for the exceptions, and include the citation of authorities, unless set forth in a supporting brief. If a transcript of the proceedings is ordered for the purposes of filing exceptions to a recommended decision, the ordering party shall have the reporter service file a copy of the transcript with the Commission.

(c) Any exception which is not specifically urged shall be deemed to have been waived.

(d) Any exception which fails to comply with the foregoing requirements may be disregarded.

(e) Any brief in support of exceptions shall not contain any matter outside the scope of the exceptions and shall contain, in the order indicated:

1. A concise statement of the case containing all that is material to the consideration of the questions presented;

2. A specification of the questions to be argued;

3. The argument, presenting clearly the points of fact and law relied on in support of the position taken on each question, with specific page reference to the transcript and the legal or other material relied on.

(f) Within five days of service on it of exceptions, or such longer period as the Commission may allow, a party opposing the exceptions may file an original and nine copies of an answering brief, limited to the questions raised in the exceptions and in the brief in support of exceptions, together with proof of service of a copy on all other parties. Filing, service, and proof of service of a request for an extension of time shall conform to 19:11-7.3(a).

(g) Within five days of service on it of exceptions, or such longer period as the Commission may allow, any party that has not previously filed exceptions may file an original and nine copies of cross-exceptions to any portion of the hearing officer's report and recommendations, together with a supporting brief, in accordance with 19:11-7.3(b), together with proof of service of a copy on all other parties. Filings, service, and proof of service of a request for an extension of time shall conform to 19:11-7.3(a).

(h) Within five days of service on it of cross-exceptions, or such longer period as the Commission may allow, any other party may file an original and nine copies of an answering brief in accordance with the provisions of 19:11-7.3(f), limited to the questions raised in the cross-exceptions, together with proof of service of a copy on all other parties. Filing, service, and proof of service of a request for an extension of time shall conform to 19:11-7.3(a).

(i) No further briefs shall be filed except by leave of the Commission. A request for leave shall be in writing, accompanied by proof of service of a copy on all other parties.

(j) Any matter not included in exceptions or cross-exceptions may not be urged before the Commission in any proceeding.

N.J. Admin. Code § 19:11-7.3

Amended by R.1990 d.406, effective 8/20/1990.
See: 22 New Jersey Register 1910(a), 22 New Jersey Register 2531(b).
Party ordering a transcript required to have reporter service file a copy with the Commission.
Amended by R.1995 d.488, effective 9/5/1995.
See: 27 New Jersey Register 2544(b), 27 New Jersey Register 3381(a).