If any motion in the nature of a motion to dismiss the complaint in its entirety is granted by the hearing examiner before the filing of a report and recommended decision, the charging party may appeal such action by filing an original and one copy of an appeal with the Commission, stating the grounds for appeal, together with proof of service of a copy on all other parties. Unless an appeal is filed within 10 days from the date of the order of dismissal, the case shall be closed. A party opposing the request may file an original and one copy of an answering statement or brief within five days of service on it of the appeal, together with proof of service of a copy on all other parties.
N.J. Admin. Code § 19:14-4.7
See: 27 New Jersey Register 2555(a), 27 New Jersey Register 3387(a).