N.J. Admin. Code § 13:19-1.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:19-1.8 - Prehearing conference; purpose; conduct; report; transmittal to the Office of Administrative Law

(a) The purpose of the prehearing conference is to clarify disputed material facts and legal issues raised in the hearing request; to review the evidence upon which the licensee bases his or her claim; to ascertain the discovery needs of the licensee; to supply the licensee with any discovery to which the licensee may be entitled under the Uniform Administrative Procedure Rules; and to attempt to resolve the administrative action to be taken.

(b) A driver improvement analyst shall conduct a prehearing conference with each licensee who has been scheduled for such a conference pursuant to this subchapter and with the licensee's attorney, if the licensee is represented by an attorney, for the purpose of resolving the proposed administrative action. The driver improvement analyst shall produce any relevant materials the Commission may have which relate to the proposed administrative action and the licensee shall be permitted to produce any document or other evidence which relates to the proposed administrative action.

(c) The driver improvement analyst shall prepare a conference report for each prehearing conference. The conference report shall contain information relevant to the proposed administrative action. If a resolution of the proposed administrative action is reached between the Commission and the licensee, the licensee shall sign the conference report indicating that both parties agree to be bound by the terms of the resolution of the proposed administrative action contained therein. If a licensee accepts the resolution of the proposed administrative action, the licensee is deemed to have abandoned any further opportunity to be heard with regard to the proposed administrative action.

(d) If the parties cannot agree as to a resolution of the proposed administrative action, then the conference report shall so indicate. When the Commission and a licensee cannot reach a resolution of the proposed administrative action at the prehearing conference, the matter shall be transmitted to the Office of Administrative Law for a hearing pursuant to N.J.A.C. 1:1 unless there are no disputed material facts and no legal issues or any argument on those issues raised at the conference. In the event there is no resolution of the proposed administrative action at the prehearing conference and there are no disputed material facts and no legal issues or any argument on those issues raised at the conference, the Commission shall notify the licensee that the matter shall not be transmitted to the Office of Administrative Law and the grounds thereof and shall notify the licensee that the proposed action shall become effective on such date as the Commission shall specify. Such notice shall constitute the final agency decision in the matter.

N.J. Admin. Code § 13:19-1.8

Amended by R.1984 d.129, effective 4/16/1984.
See: 15 New Jersey Register 2143(a), 16 New Jersey Register 918(a).
(a), (b), and (c) added; previous language of section deleted.
Amended by R.1991 d.220, effective 4/15/1991.
See: 22 New Jersey Register 3446(a), 23 New Jersey Register 1195(a).
Replaced language in (a) with new text. Substituted "specialist" with "analyst"; substituted "settlement" with "resolving the proposed administrative action"; substituted "proposed suspension" with "proposed administrative action"; added "who has been scheduled for such a conference pursuant to this subchapter without stylistic changes in (b). Substituted "proposal suspension" with "proposal administrative action"; substituted "settlement" with "resolution of the proposed administrative action"; added "opportunity to be heard with regard to the proposed administrative action" in (c). Substituted "settlement" with "resolution of the proposed administrative action"; substituted "parties" with "Division and a licensee"; substituted "an agreement" with a resolution of the proposed administrative action at the prehearing conference"; added text--"unless there are ..." in (d).
Amended by R.1994 d.468, effective 9/19/1994.
See: 26 New Jersey Register 2738(a), 26 New Jersey Register 3873(a).
Amended by R.2005 d.47, effective 2/7/2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (d), substituted "When" for "Where" at the beginning of the second sentence; substituted "Commission" for "Division" throughout.