New Jersey Administrative Code
Title 1 - ADMINISTRATIVE LAW
Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES
Subchapter 21 - UNCONTESTED CASES IN THE OFFICE OF ADMINISTRATIVE LAW
Section 1:1-21.4 - Conduct of uncontested cases
Universal Citation: NJ Admin Code 1:1-21.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Unless other arrangements are requested by the transmitting agency and agreed to by the Director of the Office of Administrative Law, uncontested cases shall proceed in the following manner:
1.
Uncontested cases shall begin with the judge reading the case title and the
docket number, asking the representatives or parties present to state their
names for the record and stating briefly the matter in dispute. The judge shall
also, unless all parties are represented by counsel or otherwise familiar with
the procedures, state the procedural rules for the hearing. The judge may also
permit any stipulations, settlement agreements or consent orders entered into
by any of the parties prior to the hearing to be entered into the
record.
2. In a sequence determined
by the judge, each party to the proceeding shall be permitted to make a
presentation setting forth the factual and/or legal basis for its position.
When the parties are disputing the facts, the judge shall administer an oath to
any party who wishes to make a presentation. The judge may also permit the
parties to ask questions, either at the conclusion of each presentation or at
the conclusion of all presentations, in the manner and to the extent that he or
she determines most suitable.
3.
Subject to a bona fide claim of privilege, documents or other tangible items or
the written statements of an individual may be entered into the record if they
are helpful to an understanding of the situation.
4. No rules of evidence apply to these
proceedings.
5. Proposed findings
of fact, conclusions of law, briefs, forms of order or other dispositions may
be submitted prior to the beginning of the hearing. Such documents may not be
accepted thereafter, nor required of the parties at any time unless all parties
agree to provide such submissions and the time for issuing the judge's report
is not extended.
6. The proceeding
shall be deemed concluded on the date the judge determines that no further
presentations under (a)2 above shall be necessary.
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