1:13-4.1 Agency conference; failure to reach settlement

N.J.A.C. 1:13-4.1 
§ 1:13-4.1 Agency conference; failure to reach settlement 

   (a) The Motor Vehicle Commission shall, pursuant to N.J.A.C. 13:19-1.2, conduct a conference in any case where the hearing request sets forth disputed material facts which the licensee intends to raise at the hearing. The conference shall be conducted pursuant to N.J.A.C. 13:19-1.3 through 13:19-1.8. If the hearing request does not set forth disputed material facts but does present legal issues and arguments, the Chief Administrator of the MVC may decide the case based upon the written record, may schedule a conference pursuant to N.J.A.C. 13:19-1.3 through 13:19-1.8 or may transmit the matter directly to the OAL for a hearing.

(b) If settlement is not reached, the parties shall use the conference to prepare the issues and evidence for the hearing, including:

1. Ascertaining whether the licensee disputes any facts recorded on the licensee's record abstract issued by MVC, and, if so, which facts and on what basis;

2. Ascertaining whether the licensee disputes the severity of the action proposed by MVC, and, if so, on what basis;

3. Ascertaining any discovery needs of the licensee; and

4. Ascertaining in excessive points cases whether the licensee is entitled to a time credit and, if so, the length thereof.

(c) At or forthwith after the conference, MVC shall supply the licensee with any material requested pursuant to N.J.A.C. 1:13-10.1 (Discovery), or any other appropriate documents.

(d) If settlement is not reached, MVC shall transmit the case to the Office of Administrative Law, including the documents set forth in N.J.A.C. 1:13-14.3.