N.J. Admin. Code § 6A:4-3.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 6A:4-3.6 - Motion for clarification and/or reconsideration of a decision of the Commissioner on appeal

(a) A motion for clarification and/or reconsideration of a Commissioner's decision rendered pursuant to this chapter shall be served and filed within 10 days after the Commissioner files the decision. The motion shall conform to the requirements at N.J.A.C. 6A:4-3.1 and shall include a copy of the decision for which clarification and/or reconsideration is sought.

(b) Motions for reconsideration shall be entertained based solely upon the following:

1. Claim(s) of mistake, provided that disagreement with the outcome of a decision, or with the analysis upon which it is based, shall not constitute "mistake" for purposes of this section;

2. Newly discovered evidence likely to alter the outcome of a matter, if the evidence could not have been discovered previously by due diligence;

3. Newly ascertained misrepresentation or other misconduct of an adverse party, if the misrepresentation or misconduct could not have been known previously; or

4. Reversal of a prior judgment on which the present matter is based.

(c) Motions for clarification shall be considered based upon necessity as specifically demonstrated in the papers submitted with a motion.

(d) The filing of a motion for clarification or reconsideration, in and of itself, shall not relieve the parties from compliance with any judgment or order of the Commissioner.

N.J. Admin. Code § 6A:4-3.6

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

Amended by 55 N.J.R. 2405(a), effective 12/4/2023