N.J. Admin. Code § 1:1-8.2 - Transmission of contested cases to the Office of Administrative Law
(a) In every proceeding to be filed in the
Office of Administrative Law, the agency shall complete a transmittal form,
furnished by the Clerk of the Office of Administrative Law, containing the
following information:
1. The name of the
agency transmitting the case;
2.
The name, address and telephone number of the agency's transmitting
officer;
3. The name or title of
the proceeding, including the designation petitioner/respondent or
appellant/appellee when appropriate;
4. The agency docket or reference
number;
5. A description of the
nature of the case, including a statement of the legal authority and
jurisdiction upon which the agency action is based or under which the hearing
is to be held, a reference to particular statutes and rules involved as well as
a brief summary of the matters of fact and law asserted. If this information is
included in a pleading that is attached to the transmittal form pursuant to (b)
below, the agency may refer to the pleading in order to satisfy this
requirement;
6. An indication as to
whether the agency has attempted settlement;
7. An estimate of the total time required for
the hearing;
8. Whether a court
stenographer is requested. If a stenographer is not requested, the Office of
Administrative Law will provide an audiotape recording for the hearing. When a
stenographer is requested by the transmitting agency, the appearance fee shall
be paid by the transmitting agency. When the transmitting agency notifies the
Clerk that a court stenographer is required because a party so requests, the
appearance fee shall be paid by that party;
9. Anticipated special features or
requirements, including the need for emergent relief, discovery, motions,
prehearing conference or conference hearing and whether the case is a
remand;
10. The names, addresses
and telephone numbers, and e-mail addresses if available, of all parties and
their attorneys or other representatives, with each person clearly designated
as either party or representative. For any party that is a corporation, the
transmitting agency shall provide the name, address and telephone number, and
e-mail address if available, of the corporation's attorney or non-lawyer
representative qualified under
1:1-5.4(b)2
v.
11. A request for a barrier-free
hearing location if it is known that a handicapped person will be present;
and
12. The names of any other
agencies claiming jurisdiction over either the entire or any portion of the
factual dispute presented in the transmitted contested case.
13. The transmitting agency may provide the
name and address of one additional person other than a party or representative
to receive a copy of all Clerk's notices in the case. If no person is
designated, the OAL shall send an informational copy of notices to the agency's
transmitting officer.
(b) The agency shall attach all pleadings to
the transmittal form.
(c) The
agency may affix to the completed transmittal form only documents which have
been exchanged between the parties prior to transmission of the case to the
Office of Administrative Law. If the agency affixes to the transmittal form
documents that have not been exchanged between the parties, the agency shall
either serve these documents upon the parties or offer them to the parties and
shall inform the Clerk of such action in the transmittal form.
(d) If there was a previous hearing in a
matter which upon appeal is subject to de novo review, the agency shall not
transmit the record of the previous hearing to the Office of Administrative
Law.
(e) If an agency has
transmitted a case to the Office of Administrative Law, any party or agency
aware that another agency is claiming jurisdiction over any part of the
transmitted case shall immediately notify the Office of Administrative Law, the
other parties and affected agencies of the second jurisdictional
claim.
(f) The completed
transmittal form and one copy of any attachments shall be filed with the Clerk
of the Office of Administrative Law.
(g) Where the case involves a permitting or
licensing decision of the Department of Environmental Protection, the
Department shall be required to produce and certify a permitting record within
30 days after the filing of the contested case. This deadline may be extended
by an administrative law judge upon the unanimous agreement of the parties. The
production and certification of the Department's permitting record, in
accordance with this subsection, shall not limit the ability of the parties to
further supplement the record. The Department shall file the certified record
with the administrative law judge. If a case has not yet been assigned, the
certified record shall be filed with the Clerk.
Notes
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