N.J. Admin. Code § 6A:9B-4.19

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

Section 6A:9B-4.19 - Motions

(a) All motions in certification matters that have been transmitted to OAL shall be filed with the ALJ who has been assigned to hear the case and shall be subject to the rules that govern OAL hearings. For those matters that the Board of Examiners is deciding directly pursuant to 6A:9B-4.7 or for those matters in which the ALJ has forwarded the initial decision to the Board of Examiners pursuant to 1:1-18.1(d), the party shall file motions with the Board of Examiners. All motions made prior to the Board of Examiners' decision to hear a matter directly shall be filed with the Board of Examiners.

(b) All motions filed with the Board of Examiners must include a notice of motion, a proof of service, a brief conforming to the requirements of 6A:9B-4.22, a copy of the decision or order that is the subject of the motion, and an affidavit setting forth any facts not in the record upon which the moving party relies. The moving party shall serve 21 copies of the moving papers and a proof of service on the Board of Examiners. If the Board of Examiners is not deciding the matter directly, the moving party shall serve a copy of the papers on the attorney representing the Board of Examiners. The opposing party shall have 15 days from service of the motion to file a response. If no opposing brief is filed, the Board of Examiners shall consider the motion to be unopposed. No other briefs may be filed.

(c) Unless otherwise directed by the Board of Examiners, there shall be no oral argument on motions.

(d) Upon application of any party for an extension of time, the Secretary may extend the time for filing a motion or for filing the response to the motion, provided that the application for an extension is requested prior to the time for filing or responding to a motion has expired.

N.J. Admin. Code § 6A:9B-4.19

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Added (d).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a), inserted the last sentence.