N.J. Admin. Code § 19:13-3.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:13-3.5 - Amendment; withdrawal; dismissal

(a) The Commission Chair or such other person designated by the Commission may permit the petitioner to amend its petition for scope of negotiations determination at any time upon such terms as may be deemed just. Filing, service, and proof of service of such amended petition for scope of negotiations determination shall conform to the provisions of these rules relating to the original petition for scope of negotiations determination.

(b) A petition for scope of negotiations determination shall be dismissed and the case closed if the petitioner files a notice of withdrawal of the petition for scope of negotiations determination at any time prior to the issuance of the Commission's decision. Unless otherwise stated in the notice of withdrawal, the dismissal is without prejudice.

(c) In the absence of a notice of withdrawal, the Commission Chair or such other person designated by the Commission may request the petitioner to file such notice. Where it appears to the Commission Chair or such other person designated by the Commission that the petitioner has no further interest in processing its petition, that individual may, upon appropriate notice, deem the petition to have been withdrawn. Unless otherwise stated, a withdrawal and dismissal under this subsection is without prejudice.

N.J. Admin. Code § 19:13-3.5

Amended by R.2006 d.230, effective 6/19/2006.
See: 38 N.J.R. 1309(a), 38 N.J.R. 2735(a).
Capitalized "Chairman", "Commission" and "Commission's" throughout.
Recodified from N.J.A.C. 19:13-3.4 and amended by R.2011 d.238, effective 9/6/2011.
See: 43 N.J.R. 1189(a), 43 N.J.R. 2370(a).
In (a) and (c), substituted "Commission Chair" for "Chairman of the Commission" throughout. Former N.J.A.C. 19:13-3.5, Notice of filing; additional submissions; case processing; briefs, recodified to N.J.A.C. 19:13-3.6.