N.J. Admin. Code § 19:18-3.8

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

Section 19:18-3.8 - Request for evidentiary hearing

(a) Any party desiring an evidentiary hearing shall file with the Commission an original and one copy of a request therefor, together with proof of service of a copy of the request on the other party. Either party may file a request for an evidentiary hearing no later than 10 days after the informal conference is conducted or, in the absence of an informal conference, no later than 21 days after the date the respondent's answer is due. Failure to file a timely request for an evidentiary hearing shall constitute a waiver of any claim to such hearing. Any such request shall set forth in detail the specific factual issues which the requesting party contends necessitate an evidentiary hearing and shall explain why these issues are substantial and material. Factual allegations not raised shall be deemed to be undisputed for purposes of determining whether there shall be an evidentiary hearing.

(b) Within five days of receipt of a request for a hearing, the other party shall file with the Commission an original and one copy of a written response, together with proof of service of a copy of the response on the requesting party. The response shall specifically reply to each factual issue alleged to be in dispute by the requesting party and shall also state what, if any, additional factual issues not raised by the requesting party are alleged to be in dispute. Any factual issue not specifically responded to or raised in the response shall be deemed to be undisputed for purposes of determining whether there shall be an evidentiary hearing.

(c) The request for an evidentiary hearing and the response, together with the petition, the answer and any reply, shall constitute the pleadings for the evidentiary hearing.

N.J. Admin. Code § 19:18-3.8

Amended by 56 N.J.R. 2303(a), effective 12/2/2024