N.J. Admin. Code § 19:14-4.8

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

Section 19:14-4.8 - Motions for summary judgment

(a) Any motion in the nature of a motion for summary judgment may only be made after a complaint issues and shall be filed with the Chair, who shall refer the motion to either the Commission or the hearing examiner. The parties shall be notified in writing of such referral. Any request for a stay of proceedings must accompany the motion for summary judgment.

(b) A motion for summary judgment shall be in writing and accompanied by a brief and may be filed with supporting affidavits. An original and nine copies of the motion and all supporting documents shall be filed with the Chair, together with proof of service of a copy on all other parties.

(c) Within 10 days of service on it of the motion for summary judgment or such longer period as the Chair or hearing examiner may allow, the responding party shall serve and file its answering brief and affidavits, if any. Such answering documents shall be served in accordance with (b) above and may include a cross-motion for summary judgment which shall conform to the requirements of (b) above.

(d) No further arguments, documents or affidavits shall be filed except by leave of the Commission or hearing examiner, as applicable. A request for leave shall be in writing, accompanied by proof of service of a copy on all other parties.

(e) If it appears from the pleadings, together with the briefs, affidavits and other documents filed, that there exists no genuine issue of material fact and that the movant or cross-movant is entitled to its requested relief as a matter of law, the motion or cross-motion for summary judgment may be granted and the requested relief may be ordered.

(f) If a hearing examiner grants a motion or cross-motion for summary judgment which resolves all issues in the complaint, the hearing examiner shall prepare a report and recommended decision as set forth in 19:14-7.1 (Hearing examiner's report and recommended decision and transfer of case to the Commission). If the ruling of the hearing examiner does not fully resolve all issues in the complaint, the ruling shall not be appealed directly to the Commission except by special permission pursuant to 19:14-4.6.

(g) The granting of a motion or cross-motion for summary judgment by the Commission resolving all issues in the complaint shall constitute the final decision and order of the Commission. If the decision and order on motion does not resolve all issues in the complaint, the matter shall be referred back to the hearing examiner for a hearing on the remaining issues, unless the Commission shall order such other disposition as it deems reasonable. If the Commission denies a motion and/or cross-motion for summary judgment, it shall refer the case to the hearing examiner for a full hearing.

N.J. Admin. Code § 19:14-4.8

Amended by 49 N.J.R. 3546(a), effective 11/6/2017