New Jersey Administrative Code
Title 19 - OTHER AGENCIES
PUBLIC EMPLOYMENT RELATIONS COMMISSION
Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS
Subchapter 3 - PROCEDURE
Section 19:13-3.8 - Evidentiary hearings

Universal Citation: NJ Admin Code 19:13-3.8

Current through Register Vol. 56, No. 18, September 16, 2024

(a) If, following receipt of a timely request for an evidentiary hearing and a response pursuant to 19:13-3.7, it appears to the Commission Chair or such other person designated by the Commission that there exist substantial and material disputed factual issues, a notice of hearing shall be issued setting forth the time and place for the evidentiary hearing. Evidentiary hearings pursuant to this subchapter shall be conducted by a hearing examiner so designated by the Chair or such other person designated by the Commission.

(b) Any such evidentiary hearing conducted pursuant to this subchapter shall be governed by the provisions of the Administrative Procedure Act (52:14B-1 et seq.) and N.J.A.C. 19:14-4 through 8 on unfair practice proceedings, insofar as applicable.

(c) After completion of the evidentiary hearing, or upon the consent of the parties prior to the conclusion of the evidentiary hearing, the hearing examiner shall prepare a report and recommended decision, which shall contain findings of fact, conclusions of law, and recommendations as to what disposition of the case should be made by the Commission. The hearing examiner shall file the original with the Commission, and shall serve a copy on the parties. Service shall be complete upon mailing and the case shall be deemed transferred to the Commission. The record in the case shall consist of the petition for scope of negotiations determination, the parties' briefs, the request for evidentiary hearing and any statement filed in response thereto, the notice of hearing, the official transcript of the evidentiary hearing, stipulations, exhibits, documentary evidence, and depositions, together with the hearing examiner's report and recommended decision and any exceptions, cross-exceptions, briefs, and answering briefs, which shall be governed by the provisions of 19:14-7.3, Exceptions; cross-exceptions; briefs; answering briefs.

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