ADMINISTRATIVE LAW

OFFICE OF ADMINISTRATIVE LAW

Uniform Administrative Procedure Rules

Transmission of Contested Cases to the Office of Administrative Law

Proposed Amendment: N.J.A.C. 1:1-8.2

Authorized By: Laura Sanders, Director, Office of Administrative Law

Authority: N.J.S.A. 52:14F-5(e), (f) and (g)

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2009-171

Submit comments by August 14, 2009 to:

Patricia Prunty, Assistant Director

Office of Administrative Law

Quakerbridge Plaza, Bldg. 9

P.O. Box 049

Quakerbridge Road

Trenton, New Jersey 08625

The agency proposal follows:

Summary

Under the current rules of the Office of Administrative Law, a transmittal of a contested case from an agency must include the names, addresses and telephone numbers of all parties and their attorneys or representatives. In order to operate with greater efficiency, to save staff time and resources, and to provide a decision to the parties more promptly, the Office of Administrative Law has begun to e-mail decisions to parties whenever possible. In order to facilitate this effort, it is essential that the Office of Administrative Law receive the e-mail addresses of parties. Therefore, the Office of Administrative Law is proposing to amend N.J.A.C. 1:1-8.2(a)10 to require that agencies also provide the e-mail addresses of parties whenever available. Agencies can obtain this information in the same manner as the other required data, that is, by requesting it as part of the initial pleadings or hearing requests. As the Office of Administrative Law has provided a 60-day comment period in this notice of proposal, this notice is excepted from the rulemaking calendar requirements, pursuant to N.J.A.C. 1:30-3.31(a)5.

Social Impact

Transmitting the judge's decision by e-mail when it is available for both parties will enable the Office of Administrative Law to promptly provide the decision to the interested parties, conserve staff time, and reduce the Office of Administrative Law's use of resources.

Economic Impact

By eliminating the mailing of initial decisions to the parties, the Office of Administrative Law should save staff time and the cost of postage.

Federal Standards Statement

A Federal standards analysis is not required because the contested case hearing procedures, of which the proposed amendment is a part, are promulgated in implementation of the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 and 52:14F-1 et seq., and are not subject to any Federal standards or requirements.

Jobs Impact

The proposed amendment will not generate or cause the loss of any jobs.

Agriculture Industry Impact

The proposed amendment will not impact on the agriculture industry.

Regulatory Flexibility Analysis

The proposed amendment does not impose any reporting, recordkeeping or compliance requirements on small businesses, as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. Therefore, a regulatory flexibility analysis is not required. The amendment sets forth a new informational requirement for the transmittal of contested cases from state agencies.

Smart Growth Impact

The proposed amendment will have no impact on the achievement of smart growth and the implementation of the State Development and Redevelopment Plan.

Housing Affordability Impact

The proposed amendment adding a requirement for an agency to provide additional information in transmitting a contested case to the Office of Administrative Law will not evoke a change in the average costs associated with housing.

Smart Growth Development Impact

The proposed amendment adding a requirement for an agency to provide additional information in transmitting a contested case to the Office of Administrative Law will not evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan.

Full text of the proposal follows (additions indicated in boldface thus):

1:1-8.2 Transmission of contested cases to the Office of Administrative Law

(a) In every proceeding to be filed in the Office of Administrative Law, the agency shall complete a transmittal form, furnished by the Clerk of the Office of Administrative Law, containing the following information:

1. -9. (No change)

10. The names, addresses and telephone numbers, and e-mail addresses if available, of all parties and their attorneys or other representatives, with each person clearly designated as either party or representative. For any party that is a corporation, the transmitting agency shall provide the name, address and telephone number and e-mail address if available, of the corporation's attorney or non-lawyer representative qualified under N.J.A.C. 1:1-5.4(b)2v.

11-13. (No change)

(b)-(f) (No change)

1