N.J. Admin. Code § 19:13-3.8

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

Section 19:13-3.8 - Evidentiary hearings

(a) If, following receipt of a timely request for an evidentiary hearing and a response pursuant to N.J.A.C. 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 (N.J.S.A. 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 N.J.A.C. 19:14-7.3, Exceptions; cross-exceptions; briefs; answering briefs.

N.J. Admin. Code § 19:13-3.8

Amended by R.2006 d.230, effective 6/19/2006.
See: 38 N.J.R. 1309(a), 38 N.J.R. 2735(a).
Capitalized "Commission" and "Chairman" throughout; substituted "N.J.A.C. 19:13-3.6" for "section 6 of this subchapter" in (a); substituted "N.J.A.C. 19:14-4 through 8 for "N.J.A.C. 19:4-4.1 through 19:14-8.1 et seq." in (b); in (c), substituted "report and recommended" for "recommended report and" in the first and fourth sentences, in the second sentence, deleted "thereof" following "original" and substituted "serve a copy on the parties. Service shall be complete upon mailing and the case shall be deemed transferred to the Commission" for "cause a copy to be served upon the parties. Upon service thereof upon the parties, which shall be complete upon mailing, the case shall be deemed transferred to the commission"; and deleted the parenthesis around "Exceptions; cross-exceptions; briefs; answering briefs" at the end.
Recodified from N.J.A.C. 19:13-3.7 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), updated the N.J.A.C. reference, and substituted "Commission Chair" for "Chairman of the Commission" and "Chair" for the second occurrence of "Chairman". Former N.J.A.C. 19:13-3.8, Oral argument, recodified to N.J.A.C. 19:13-3.9.