N.J. Admin. Code § 19:14-4.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:14-4.6 - Motions and rulings part of the record; appeal on special permission

(a) All motions, rulings and orders of the hearing examiner shall become part of the record, except that rulings on motions to quash a subpoena shall become a part of the record only upon request of an aggrieved party. Unless expressly authorized by these rules, rulings by the hearing examiner on motions and objections shall not be appealed to the Commission except by special permission of the Commission, but shall be considered by the Commission in reviewing the record, if exception to the ruling or order is included in the statement of exceptions filed with the Commission, pursuant to 19:14-7.3 (Exceptions; cross-exceptions; briefs; answering briefs).

(b) A request for special permission to appeal shall be filed in writing within five days from the service of written rulings or statement of oral rulings, and shall briefly state the grounds relied on. An original and nine copies of such request shall be filed with the Chair, together with proof of service of a copy on all other parties, and, if the request involves a ruling by a hearing examiner, upon that hearing examiner. A party opposing the request may file an original and nine copies of a statement in opposition within five days of service on it of the request for special permission to appeal, together with proof of service of a copy on all other parties. If the Chair grants special permission to appeal, the proceedings shall not be stayed unless otherwise ordered by the Chair. The Commission shall consider an appeal on the papers submitted to the Chair, or on such further submission as it may require.

Amended by 49 N.J.R. 3546(a), effective 11/6/2017