Thursday, April 19, 2012

52:14B-10.1 Adjudication of certain contested cases.

1.Any statute, rule or regulation to the contrary notwithstanding, all contested cases, as defined in section 2 of P.L.1968, c.410 (C.52:14B-2), except those cases in which criminal charges are also filed, arising  under the Tenure Employees Hearing Law, article 2 of chapter 6 of Title 18A of the New Jersey Statutes, and referred to the Office of Administrative Law shall be adjudicated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in an expeditious and timely manner except as follows:

a.The discovery process shall begin immediately upon the notice of the referral of the case to the Office of Administrative Law and a discovery request shall be initiated by transmitting the request to a receiving party within 30 days of receipt of the notice of referral.  Answers to a discovery request shall be made within 30 days of the receipt of the request, except that if the discovery is available only by motion, the answer shall be due within 30 days of receipt of an order granting the motion.  Additional discovery shall be permitted by motion or upon the consent of the parties, but shall be filed with the administrative law judge within 10 days of the filing of the answers to interrogatories.  The administrative law judge may extend discovery time by no more than 30 days for disputes over sufficiency, completion or other just cause.

b.The pre-hearing conference shall be held within 30 days of the referral of the case to the Office of Administrative Law.

c.The hearing shall be held within 30 days after the end of the discovery period.

d.Transcripts if ordered by the parties shall be provided within 15 days of the conclusion of the hearing and all briefs shall be submitted to the Administrative Law Judge within 30 days of the conclusion of the hearing or receipt of the transcripts by the parties, whichever is later.

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