N.J. Admin. Code § 5:105-2.10

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

Section 5:105-2.10 - Relief from Council decisions - reconsideration

(a) The Council, at its own discretion, may reconsider any decision it renders.

(b) Requests for reconsideration shall be filed within 10 business days following receipt of a Council decision, except that requests for reconsideration that are based on the discovery of new evidence must be submitted no later than 30 business days following receipt of a Council decision and within 10 business days of when the requestor discovered the new evidence. A request for reconsideration based on the discovery of new evidence shall be supported by an affidavit showing with particularity the materiality and necessity of the additional evidence and the reason why such evidence was not presented previously. For purposes of this subsection, "new evidence" is defined as evidence that could not have been provided prior to the Council's decision because the evidence did not exist or was unknown to the party at that time.

(c) Parties may request reconsideration based on the following reasons: change in circumstances, extraordinary circumstances, fraud, illegality, mistake, and new evidence. Mistake in this instance means a mistake by the Government Records Council.

(d) Requests shall be submitted, in writing, on the most recent version of Council's designated form, delivered to the Council, and served on all parties. Request for reconsideration forms will be provided by Council's staff or may be downloaded from the GRC website (www.nj.gov/grc). A courtesy copy of a request for reconsideration exceeding 50 pages shall be submitted to the GRC at 101 South Broad Street, PO Box 819, Trenton, NJ 08625.

(e) Parties must file any objection to the request for reconsideration within 10 business days following receipt of the request submitted, in accordance with N.J.A.C. 5:105-2.6(d).

(f) Sur-replies beyond a party's objections to a request for reconsideration are not permitted.

(g) The Council will provide all parties with written notification of its determination regarding the request for reconsideration.

N.J. Admin. Code § 5:105-2.10

Petition for Rulemaking.
See: 48 N.J.R. 599(a), 1319(c).

Amended by 54 N.J.R. 2081(a), effective 11/7/2022