Monday, July 3, 2017

NJAC 1:1-9.5 Notices

1:1-9.5 Notices

   (a) Upon acceptance of a contested case for filing, the Office of Administrative Law shall notify the transmitting agency and all parties of the case's filing date and the Office of Administrative Law docket number. This notice shall include a description of the nature of the proceeding, a reference to the controlling hearing procedures, including discovery, and a reference to the right of persons to represent themselves or to be represented by any attorney or a qualified non-lawyer in certain situations. The Office of Administrative Law may also include in this notice any information deemed instructive or helpful to the parties and may combine this notice with any other notice, including the notice of hearing.

(b) The Office of Administrative Law shall provide all parties with timely notice of any mediation, settlement conference, prehearing conference, proceeding on the papers, telephone hearing, plenary hearing or other proceeding, except that in emergency relief proceedings pursuant to N.J.A.C. 1:1-12.6 the Office of Administrative Law may require the moving party to provide appropriate notice. Each notice shall apprise the parties of the presiding judge and the date, time and place of the proceeding. The Office of Administrative Law may also include in any proceeding notice any information deemed instructive or helpful to the parties.

(c) Notice shall be by regular mail, except that when emergent needs so require and the law permits, notice of proceedings may be by telephone or any other method reasonably certain to provide actual notice to the parties.

(d) All notices shall be written in plain language. See generally, N.J.S.A. 56:12-1 et seq.

(e) Each notice shall prominently display a telephone number where parties can obtain further assistance.

(f) All parties shall receive subsequent notices of all proceedings in any contested case. Subsequent notices shall apprise the parties of the date, time, place and nature of a proceeding and may be either written or effected by a statement made on the record.

 

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