N.J. Admin. Code § 19:14-7.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 19:14-7.3 - Exceptions; cross-exceptions; briefs; answering briefs

(a) Within 10 days of service on it of the hearing examiner's report and recommended decision or such longer period as the Commission may allow, any party may file with the Commission an original and nine copies of exceptions to the report and recommended decision or to any other part of the record or proceedings (including rulings upon motions or objections), together with an original and nine copies of a brief in support of the exceptions. Any party may, within the same period, file an original and nine copies of a brief in support of the report and recommended decision. A request for an extension of time to file exceptions or briefs shall be in writing and shall state the other parties' positions with respect to such request. Filings under this subsection shall be accompanied by proof of service of a copy on all other parties.

(b) Each exception shall specify each question of procedure, fact, law, or policy to which exception is taken; identify that part of the report and recommended decision to which objection is made; designate by precise page citation the portions of the record relied on; state the grounds for the exception; and include the citation of authorities unless set forth in a supporting brief. Any exception which is not specifically urged shall be deemed to have been waived. Any exception which fails to comply with these requirements may be disregarded. If a transcript of the proceedings is ordered for the purposes of filing exceptions to a recommended decision, the ordering party shall have the reporter service file a copy of the transcript with the Commission for inclusion in the record.

(c) Any brief in support of exceptions shall not contain any matter outside the scope of the exceptions and shall contain the points of fact and law relied on in support of the position taken on each question, with specific page references to the transcript and the legal or other material relied on.

(d) Within five days of service on it of exceptions or such longer period as the Commission may allow, a party opposing the exceptions may file an original and nine copies of an answering brief limited to the questions raised in the exceptions and in the brief in support of exceptions, together with proof of service of a copy on the other parties. Filing, service, and proof of service of request for an extension of time shall conform to (a) above.

(e) Within five days of service on it of exceptions or such longer period as the Commission may allow, any party that has not previously filed exceptions may file an original and nine copies of cross-exceptions to any portion of the report and recommended decision, together with a supporting brief, in accordance with (b) above, together with proof of service of a copy on the other parties. Filing, service, and proof of service of a request for an extension of time shall conform to (a) above.

(f) Within five days of service on it of cross-exceptions or such longer period as the Commission may allow, any other party may file an original and nine copies of an answering brief in accordance with (c) above, limited to the questions raised in the cross-exceptions, together with proof of service of a copy on the other parties. Filing, service, and proof of service of a request for an extension of time shall conform to (a) above.

(g) No further briefs shall be filed except by leave of the Commission. A request for leave shall be in writing, accompanied by proof of service of a copy on the other parties.

(h) Any matter not included in exceptions or cross-exceptions may not be urged before the Commission in any proceeding.

N.J. Admin. Code § 19:14-7.3

Amended by R.1990 d.406, effective 8/20/1990.
See: 22 New Jersey Register 1910(a), 22 New Jersey Register 2531(b).
Party ordering a transcript required to have reporter service file a copy with the Commission.
Amended by R.1995 d.489, effective 9/5/1995.
See: 27 New Jersey Register 2555(a), 27 New Jersey Register 3387(a).
Amended by R.2000 d.321, effective 8/7/2000.
See: 32 New Jersey Register 1506(a), 32 N.J.R 2928(a).
Rewrote (b).