N.J. Admin. Code § 6A:3-7.4 - Applications for emergent relief

(a) Where a petitioner is seeking emergent relief, a petition shall be filed in accordance with N.J.A.C. 6A:3-7.1, except as set forth below, and shall be accompanied by a separate motion and brief meeting the requirements at N.J.A.C. 6A:3-1.6.

1. The petitioner shall include with the petition the Record on Appeal obtained from the NJSIAA, including a Statement of Items comprising such record, or a certification attesting that such record and statement have been requested and will be provided to the Commissioner within three days, unless a shorter time frame is directed by the Commissioner due to a matter's extreme urgency or a longer time frame is agreed upon by the parties and the Commissioner.

2. Where the relief sought in the petition will become moot upon the Commissioner's decision on the motion for emergent relief, the petitioner's brief shall additionally address the merits of the petition so that the Commissioner's decision on the emergent application shall resolve the entire controversy without further proceedings.

(b) Within three days of its receipt of a verified petition with motion for emergent relief, or within such shorter period as may be directed by the Commissioner due to a matter's extreme urgency, the NJSIAA and any other respondent shall file an answer to the petition in the same form and manner as prescribed at N.J.A.C. 6A:3-1.5, together with a brief in opposition to petitioner's submission pursuant to (a) above and proof of service upon the petitioner(s).

(c) After the filing of briefs pursuant to (a) and (b) above, no further briefs shall be allowed except as directed by the Commissioner and the record of the matter shall be deemed closed.

Notes

N.J. Admin. Code § 6A:3-7.4

New Rule, R.2005 d.109, effective 4/4/2005.
See: 36 New Jersey Register 5032(a), 37 New Jersey Register 1051(b).
Former N.J.A.C. 6A:3-7.4, Standard of review, recodified to N.J.A.C. 6A:3-7.5. Amended by 56 N.J.R. 766(b) effective 5/6/2024