N.J. Admin. Code § 19:16-5.17

Current through Register Vol. 57, No. 1, January 6, 2025

Section 19:16-5.17 - Interlocutory rulings; appeal on special permission

(a) Interlocutory rulings or orders issued before the arbitrator's final written opinion and award under N.J.S.A. 34:13A-16f(5) and N.J.A.C. 19:16-5.9 shall not be appealed to the Commission except by special permission to appeal. All such rulings and orders shall become part of the record of the arbitration proceedings and shall be reviewed by the Commission in considering any appeal or cross-appeal from an arbitrator's final award, provided exception to the ruling or order is included in the appeal or cross-appeal filed with the Commission pursuant to N.J.A.C. 19:16-8.1 through 8.3.

(b) A request for special permission to appeal shall be filed in writing on the next business day following service of written rulings or statements of oral rulings, and shall briefly state the grounds for granting special permission to appeal and the grounds for reversing or modifying the ruling or order in question. An original and nine copies of the request shall be filed with the Chair, together with the $ 75.00 fee required under N.J.A.C. 19:16-5.1 3 and proof of service of a copy of the request on all other parties and the arbitrator assigned to the case. A party opposing the request may file an original and nine copies of a statement in opposition within two business days of service on it of the request for special permission to appeal and shall briefly state the grounds for denying special permission to appeal and the grounds for affirming the ruling or order in question. An original and nine copies of the statement shall be filed with the Chair, together with proof of service of a copy on all other parties and the arbitrator assigned to the case.

(c) The Chair has the authority to grant or deny special permission to appeal. If the Chair grants special permission to appeal, the arbitration proceeding 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.

N.J. Admin. Code § 19:16-5.17

New Rule, R.1997 d.221, effective 5/19/1997.
See: 29 N.J.R. 857(a), 29 N.J.R. 2467(c).
Amended by R.2012 d.166, effective 10/1/2012.
See: 44 N.J.R. 562(a), 44 N.J.R. 2304(a).
In (a), substituted "16f(5)" for "16(f)(5)" and deleted "notice of" preceding "appeal"; and in (b), substituted "on the next business day following" for "within five days from the", "$ 75.00" for "$ 25.00", and "two business" for "five".