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Filed motions and objections with office of administrative

Resolved Question:

Filed motions and objections with office of administrative law in nj back in february on case involving dispute with div of consumer affairs. Judge didn't respond. He bowed out of case claiming busy schedule. New judge was in charge early in march. NJ Administrative code says that response is to be given "within 30 days of last permitted response...". Last permitted response would be 10 days after opposing party is served. This would make 40 days altogether. We are way past that date. What are our options hopefully in getting a dismissal?
Michael


Optional Information:
Country relating to Question: United States
State (if USA): New Jersey

can you please explain n.j.a.c.1:1-12.5 section c. which states "Motions for summary decision shall be decided within 45 days from the due date of the last permitted responsive filing. Any motion for summary decision not decide by the agency head which fully disposes of the case shall be treated as an initial decision under N.J.A.C 1:1-18. Any partial summary decision shall be treated as required by (e) and (f) below. WHAT AGENCY ARE THEY REFERING TO?
Thank You,
Michael
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 year ago.

bizlaw :

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?

Customer:

" You made a motion for summary judgment in a contested case before an administrative law judge is that correct?"

Customer:

Yes

Customer:

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.

Customer:

" You made a motion for summary judgment in a contested case before an administrative law judge is that correct?"





5:45 PM



Yes






5:47 PM



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.



Customer:

Hello,

Customer:

Hello, are you there?

bizlaw :

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.

bizlaw :

I will be back later this evening to respond to you.l

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8862
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 7 other Business Law Specialists are ready to help you
Expert:  Richard - Bizlaw replied 1 year ago.
Hi Michael,


I'm just following up with you to see how everything is going. Did my answer help?


Let me know,if you have any more questions.
Bizlaw

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