Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.I want to be clear I understand your situation. You made a motion for summary judgment in a contested case before an administrative law judge is that correct? Did the other side respond to your motion? If so has the reply been filed by you? You say the judge bowed out of the case and a new judge came in. Are you talking about the administrative law judge hearing the contested case? Did the new administrative law judge take any action with respect to the motions?
" You made a motion for summary judgment in a contested case before an administrative law judge is that correct?"
The other side did not respond to the motions. Yes, we are talking about the alj hearing the contested case and the judge has not taken any action with respect to the motions which were filed back in february.
Hello, are you there?
I just got back. The way the administrative code sections work is that if the ALJ does not rule on the motion within the 45 days, his failure to act is treated as an initial decision which gives rise to the matter going to the head of the agency. In this case the agency is the Division of Consumer Affairs to make a ruling on the motion. I suggest that you write the ALJ pointing out the fact that the motion has not been responded to and under the NJAC he must make a decision. This alerts the ALJ to his duty. It also avoids putting the ALJ in an unnecessary bad light which could work to your detriment if you lose on the motion. Even though the motion is not responded to the ALJ does not have to rule in your favor if he finds that there are material issues of fact that are in dispute. If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.
I will be back later this evening to respond to you.l
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