Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION OF AGENCY FINAL DECISION

STATE OF NEW JERSEY — OFFICE OF ADMINISTRATIVE LAW

OAL Docket No.: [________________________________]

Agency Docket No.: [________________________________]

Agency: [________________________________]

IN THE MATTER OF:

[________________________________]
(Petitioner/Respondent in Contested Case)

IMPORTANT FILING INFORMATION

I. PRELIMINARY STATEMENT

1. Petitioner, [________________________________] ("Petitioner"), by and through undersigned counsel, respectfully submits this Petition for Reconsideration of the Final Decision issued by [________________________________] ("Agency") on [__/__/____] in the above-captioned matter.

2. The contested case was heard before Administrative Law Judge [________________________________] of the Office of Administrative Law ("OAL"), who issued an Initial Decision on [__/__/____]. The Agency Head issued a Final Decision on [__/__/____], which was mailed to the parties on [__/__/____].

3. This Petition is filed within the 20-day period prescribed by N.J.A.C. 1:1-18.5 and is therefore timely.

4. Petitioner seeks reconsideration on the grounds that the Final Decision contains errors of law, is unsupported by sufficient credible evidence in the record, and/or failed to consider material facts and legal arguments that warrant a different outcome.

II. JURISDICTION AND AUTHORITY

5. This Petition is authorized by N.J.A.C. 1:1-18.5, which provides that any party to a contested case may file a motion for reconsideration of a final decision within 20 days of the mailing of the final decision.

6. The Agency retains jurisdiction to reconsider its own final decisions under N.J.S.A. 52:14B-10(a) and the general rules of practice before the OAL.

7. The underlying matter involved a contested case as defined by N.J.S.A. 52:14B-2(b), in which Petitioner's rights, duties, obligations, privileges, benefits, or other legal relations were required by statute or constitutional provision to be determined by an agency after an opportunity for a hearing.

8. The Agency acted as the final decision-maker under N.J.S.A. 52:14B-10, which authorizes the agency head to adopt, reject, or modify the findings of fact, conclusions of law, or disposition recommended in the ALJ's Initial Decision.

III. PARTIES

9. Petitioner: [________________________________], whose address is [________________________________], [________________________________], New Jersey [____]. Petitioner was a ☐ respondent / ☐ applicant / ☐ licensee / ☐ claimant / ☐ other: [________________________________] in the underlying contested case proceeding.

10. Agency/Respondent: [________________________________], located at [________________________________], [________________________________], New Jersey [____].

11. Other Parties of Record (if applicable):
    - [________________________________]
    - [________________________________]

IV. PROCEDURAL HISTORY

12. On or about [__/__/____], the Agency initiated the proceeding by issuing a [________________________________] (e.g., Notice of Proposed Action, Order to Show Cause, Notice of Charges).

13. The matter was transmitted to the Office of Administrative Law as a contested case on [__/__/____] and assigned OAL Docket No. [________________________________].

14. A hearing was conducted before Administrative Law Judge [________________________________] on the following dates: [________________________________].

15. The ALJ issued an Initial Decision on [__/__/____], which recommended: [________________________________].

16. Petitioner filed Exceptions to the Initial Decision on [__/__/____] pursuant to N.J.A.C. 1:1-18.4.

17. The Agency Head issued a Final Decision on [__/__/____], which:
    - ☐ Adopted the Initial Decision in full
    - ☐ Modified the Initial Decision as follows: [________________________________]
    - ☐ Rejected the Initial Decision and substituted the following findings: [________________________________]

18. The Final Decision was mailed to the parties on [__/__/____]. This Petition is filed on [__/__/____], within the 20-day period.

V. GROUNDS FOR RECONSIDERATION

Petitioner respectfully submits that reconsideration is warranted on the following grounds (check all that apply):

A. Error of Law

☐ The Final Decision misinterpreted or misapplied controlling statutes or regulations.

19. The Agency's Final Decision erred as a matter of law in the following respects:

a. The Agency misinterpreted N.J.S.A. [________________________________] by holding that [________________________________]. The correct interpretation, supported by [________________________________] (cite case law or regulatory authority), requires [________________________________].

b. The Agency failed to apply the correct legal standard, which under New Jersey law is [________________________________]. See [________________________________] (citation).

c. The Agency's conclusion that [________________________________] is contrary to established precedent in [________________________________] (cite Appellate Division or Supreme Court decisions).

B. Findings Not Supported by Sufficient Credible Evidence

☐ The factual findings are not supported by sufficient credible evidence in the record.

20. Under N.J.S.A. 52:14B-10(c), the standard of review requires that factual findings be supported by sufficient credible evidence in the record. The following findings fail to meet this standard:

a. Finding No. [____]: [________________________________]. This finding is unsupported because the record evidence demonstrates [________________________________]. (Cite transcript pages, exhibits, or testimony.)

b. Finding No. [____]: [________________________________]. The Agency's reliance on [________________________________] was misplaced because [________________________________].

C. Newly Discovered Evidence

☐ Newly discovered evidence exists that was not reasonably available at the time of the hearing.

21. Since the issuance of the Final Decision, Petitioner has discovered the following evidence that was not reasonably available during the hearing:

a. Description of evidence: [________________________________]

b. Explanation of why the evidence was not previously available: [________________________________]

c. This evidence is material and would likely change the outcome because: [________________________________]

d. The evidence is attached hereto as Exhibit [____].

D. Material Mistake or Oversight

☐ The Final Decision contains a material mistake of fact or a significant oversight.

22. The Agency's Final Decision overlooked or failed to consider the following material facts or arguments:

a. [________________________________]

b. [________________________________]

E. Failure to Properly Consider Exceptions

☐ The Agency failed to adequately address exceptions filed pursuant to N.J.A.C. 1:1-18.4.

23. Petitioner timely filed Exceptions to the Initial Decision. The Agency's Final Decision failed to adequately address the following exceptions:

a. Exception No. [____] regarding [________________________________]

b. Exception No. [____] regarding [________________________________]

F. Improper Rejection or Modification of Initial Decision

☐ The Agency improperly rejected or modified the ALJ's Initial Decision without adequate justification.

24. Under N.J.S.A. 52:14B-10(c), when the agency head rejects or modifies the ALJ's findings of fact, the agency must state clearly the reasons for doing so and make new or modified findings supported by sufficient, competent, and credible evidence in the record. The Agency failed to satisfy this standard because: [________________________________]

VI. ARGUMENT

25. [________________________________]

(Provide a detailed legal argument supporting each ground for reconsideration checked above. Include citations to the hearing transcript, exhibits, statutory authority, regulatory provisions, and relevant case law. Address the specific errors identified and explain why they are material to the outcome.)

26. [________________________________]

27. [________________________________]

VII. COMMON NEW JERSEY AGENCIES AND SPECIFIC CONSIDERATIONS

Select the applicable agency and note any agency-specific reconsideration requirements:

☐ Department of Environmental Protection (DEP) — N.J.A.C. 7:1-1 et seq.
☐ Department of Labor and Workforce Development — Unemployment/Workers' Compensation appeals
☐ Department of Health — Licensing and certification matters
☐ Department of Banking and Insurance — Insurance and banking regulatory matters
☐ Division of Consumer Affairs — Professional licensing boards (N.J.S.A. 45:1-1 et seq.)
☐ Department of Education — Commissioner decisions (N.J.A.C. 6A:4)
☐ Civil Service Commission — Employment classification and discipline matters
☐ Department of Community Affairs — Building code and land use matters
☐ Division of Taxation — Tax assessment disputes
☐ Other: [________________________________]

VIII. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that the Agency:

28. ☐ Vacate the Final Decision dated [__/__/____] in its entirety;

29. ☐ Modify the Final Decision as follows: [________________________________];

30. ☐ Remand the matter to the Office of Administrative Law for further proceedings, including additional hearings on the following issues: [________________________________];

31. ☐ Reopen the record to admit newly discovered evidence described in Section V.C above;

32. ☐ Stay enforcement of the Final Decision pending disposition of this Petition for Reconsideration pursuant to N.J.A.C. 1:1-18.7;

33. ☐ Grant such other and further relief as the Agency deems just and appropriate.

IX. CERTIFICATION OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Petition for Reconsideration was served upon the following parties of record by:

☐ Certified mail, return receipt requested
☐ Regular U.S. mail
☐ Personal delivery
☐ Electronic service (if authorized by agency rules)

X. VERIFICATION

I, [________________________________], of full age, hereby certify as follows:

1. I am the ☐ Petitioner / ☐ Authorized representative / ☐ Attorney for Petitioner in the above-captioned matter.

2. The facts set forth in this Petition for Reconsideration are true and correct to the best of my knowledge, information, and belief.

3. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment pursuant to N.J.S.A. 2C:28-2.

Dated: [__/__/____]

________________________________________
[Petitioner Name / Attorney Name]
[Law Firm Name (if applicable)]
[Address Line 1]
[Address Line 2]
[City, State ZIP]
[Telephone]
[Email]
[Attorney ID No. (if applicable)]

XI. EXHIBITS

☐ Exhibit A: Final Decision dated [__/__/____]
☐ Exhibit B: Initial Decision dated [__/__/____]
☐ Exhibit C: Exceptions to Initial Decision filed [__/__/____]
☐ Exhibit D: Hearing transcript excerpts (pages [____] through [____])
☐ Exhibit E: Newly discovered evidence (if applicable)
☐ Exhibit F: Supporting declarations or affidavits
☐ Exhibit G: [________________________________]

NEXT STEPS AND PRACTICE NOTES

Filing Checklist

☐ Verify that the Petition is filed within 20 days of the mailing date of the Final Decision
☐ Confirm the correct agency address for filing
☐ Serve all parties of record simultaneously
☐ Retain proof of service (certified mail receipts, delivery confirmations)
☐ Review agency-specific rules for any additional filing requirements
☐ Attach all referenced exhibits
☐ Include verification/certification as required

Post-Filing Considerations

☐ The filing of a timely Petition for Reconsideration tolls the time for filing an appeal with the Appellate Division
☐ If the Petition is denied, the 45-day period for filing an appeal under N.J. Court Rule 2:4-1(b) runs from the date of the decision on reconsideration
☐ Consider whether a stay of enforcement should be requested simultaneously
☐ If the agency does not act on the Petition within a reasonable time, consult counsel regarding deemed denial and appellate deadlines
☐ Preserve the administrative record for potential appellate review
☐ The Appellate Division reviews agency decisions under the arbitrary, capricious, or unreasonable standard

SOURCES AND REFERENCES

• New Jersey Administrative Procedure Act: N.J.S.A. 52:14B-1 et seq.
• OAL Uniform Administrative Procedure Rules: N.J.A.C. 1:1-1.1 et seq.
• Motion for Reconsideration: N.J.A.C. 1:1-18.5
• Exceptions to Initial Decision: N.J.A.C. 1:1-18.4
• Agency Head Review Standard: N.J.S.A. 52:14B-10(c)
• Appellate Division Filing Deadline: N.J. Court Rule 2:4-1(b)
• New Jersey Office of Administrative Law: https://www.nj.gov/oal/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review by a qualified attorney licensed in New Jersey.