N.J. Admin. Code § 19:14-4.8 - Motions for summary judgment
(a) Any motion in
the nature of a motion for summary judgment may only be made after a complaint
issues and shall be filed with the Chair, who shall refer the motion to either
the Commission or the hearing examiner. The parties shall be notified, in
writing, of such referral. Any request for a stay of proceedings must accompany
the motion for summary judgment.
(b) A motion for summary judgment shall be,
in writing, and accompanied by a brief and may be filed with supporting
affidavits. An original and one copy of the motion and all supporting documents
shall be filed with the Chair, together with proof of service of a copy on all
other parties.
(c) Within 10 days
of service on it of the motion for summary judgment or such longer period as
the Chair or hearing examiner may allow, the responding party shall serve and
file its answering brief and affidavits, if any. Such answering documents shall
be served in accordance with (b) above and may include a cross-motion for
summary judgment which shall conform to the requirements at (b)
above.
(d) No further arguments,
documents or affidavits shall be filed except by leave of the Commission or
hearing examiner, as applicable. A request for leave shall be in writing,
accompanied by proof of service of a copy on all other parties.
(e) If it appears from the pleadings,
together with the briefs, affidavits and other documents filed, that there
exists no genuine issue of material fact and that the movant or cross-movant is
entitled to its requested relief as a matter of law, the motion or cross-motion
for summary judgment may be granted and the requested relief may be
ordered.
(f) If a hearing examiner
grants a motion or cross-motion for summary judgment which resolves all issues
in the complaint, the hearing examiner shall prepare a report and recommended
decision as set forth in
N.J.A.C.
19:14-7.1 (Hearing examiner's report and
recommended decision and transfer of case to the Commission). If the ruling of
the hearing examiner does not fully resolve all issues in the complaint, the
ruling shall not be appealed directly to the Commission except by special
permission pursuant to
N.J.A.C.
19:14-4.6.
(g) The granting of a motion or cross-motion
for summary judgment by the Commission resolving all issues in the complaint
shall constitute the final decision and order of the Commission. If the
decision and order on motion does not resolve all issues in the complaint, the
matter shall be referred back to the hearing examiner for a hearing on the
remaining issues, unless the Commission shall order such other disposition as
it deems reasonable. If the Commission denies a motion and/or cross-motion for
summary judgment, it shall refer the case to the hearing examiner for a full
hearing.
Notes
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