N.J. Admin. Code § 16:54-14.2 - Contested cases and uncontested cases

(a) The Department shall refer each contested case to the Office of Administrative Law for a hearing pursuant to the requirements of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq. The contested case shall be handled according to the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) Within 45 calendar days of the close of the hearing, the administrative law judge (ALJ) shall submit a written initial decision and recommendations to the agency head and shall serve the parties of record with an indication of the date of receipt by the agency head.

(c) Within 13 calendar days from the date the ALJ's initial decision was mailed to the parties, any party may submit written exceptions to the agency head. No further evidence or submissions will be allowed. A copy of the exceptions must also be served on the other parties.

(d) Within five calendar days of receipt of exceptions, any party may submit a reply to the agency head and must also serve the other parties. Replies may include submissions in support of the initial decision.

(e) Within 45 calendar days of receipt of the initial decision, the Commissioner shall issue a written decision which adopts, modifies, or rejects the initial decision. The decision shall be considered a final agency action.

(f) The Department may also seek, in its sole discretion, to refer any uncontested matters to the Office of Administrative Law for a hearing, pursuant to N.J.A.C. 1:1-21.

Notes

N.J. Admin. Code § 16:54-14.2

Adopted by 48 N.J.R. 1684(a), effective 8/15/2016 Amended by 51 N.J.R. 92(a), effective 1/7/2019