Basic nuts and bolts primer on what you need to know to handle administrative law cases in New Jersey, offering a practical survey of all relevant legal considerations from the practitioner’s standpoint.

What you should take into consideration when representing clients in administrative law matters, including: The Parameters of Administrative Law Sources of administrative authority; Rulemaking and adjudication as means of establishing policy; Adjudication as a means for carrying out an agency’s statutory mission; What is the reach of administrative agency jurisdiction over the breadth of personal and business life.

The Office of Administrative Law (OAL)
Its origins in the Administrative Procedure Act; Structure of the OAL; Who are ALJs and how are they appointed;
Jurisdiction of the OAL—Granted by statute and subject to agency discretion, plus limits on that discretion;
“Contested Cases” defined by statute, rule and agency determination; Final decision left to agency head except for special education and spill fund arbitration.

Dealing with the Agency before Transmission of Case to OAL
Opportunities to resolve cases without need for OAL involvement; Building relationships with agency staff and deputies attorney general; Informal exchanges of information; Availability of some agency mediation programs.

Contested Cases
Different forms of pleadings used; Requests for hearing; Timeliness of request may be jurisdictional; Service and venue; Transmittal to OAL; What if agency refuses to transmit case?; Notice of transmittal; Batched cases, holds and the role of the assignment judge; How and why is a specific judge and hearing location assigned.

Prehearing Procedures
Prehearing conferences—timing and purpose; Informal and formal discovery; Availability and enforcement of subpoenas; Sanctions; How to make motions; Where to bring motions for emergent relief; Standards for emergent relief; Motions for summary decision and standards applied; Interlocutory appeals.

Settlement Procedures
Early settlement programs; The use of the prehearing conference as a settlement opportunity; Mediation at OAL.

The Hearing
Scheduling of hearings—Does the date really mean anything?; Varying formats of hearings—Conference model, telephone hearings, hearings “on the papers,” plenary hearings; The look and feel of an OAL hearing; Rules of evidence at the OAL—Applicability of privileges, the use of hearsay and the residuum rule, and the balancing test for admissibility; The use of experts; How to protect the record.

Closing the Record
Summations, briefs and transcripts; Researching administrative law—Sources on the Web; Importance of the closing date.

The Initial Decision and Thereafter
What should an initial decision contain?; Exceptions—How to attack or defend the judge’s decision; Transcript requirements under Morrison; The final decision—What is the agency supposed to do?; Appeal of the initial decision - Standards applicable to an appeal.

NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.9 hours of total CLE credit. Of these, 1.0 qualify as hours of credit for ethics/professionalism.