Motion to Reopen the Record / Request for Reconsideration (Administrative Agency)

MOTION TO REOPEN THE RECORD / REQUEST 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 Motion to Reopen the Record / Request 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 Motion is filed on [__/__/____], which Petitioner submits is prompt and timely under the circumstances described herein and under [________________________________] (cite the specific agency rule governing this matter, if any).

4. Petitioner seeks reopening of the record and/or reconsideration on the grounds that extraordinary circumstances exist, 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 Motion is authorized by N.J.A.C. 1:1-18.5(b), which provides that a motion to reopen a hearing after an initial decision has been filed must be addressed to the agency head, and is granted only for extraordinary circumstances.

6. The Agency retains authority over the final decision it issued under N.J.S.A. 52:14B-10(c), which governs the agency head's adoption, rejection, or modification of the ALJ's findings of fact, conclusions of law, or disposition, 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(c), 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 [__/__/____], within the 13-day period prescribed by N.J.A.C. 1:1-18.4(a).

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 Motion is filed on [__/__/____].

V. GROUNDS FOR REOPENING THE RECORD / RECONSIDERATION

Petitioner respectfully submits that reopening of the record and/or reconsideration is warranted on the following grounds, which Petitioner submits constitute extraordinary circumstances and/or independent grounds for appellate relief (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 Motion, pursuant to N.J.A.C. 1:1-18.6(f) (agency response to stay request) ;

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 Motion 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 Motion 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

☐ Confirm whether the transmitting agency has adopted its own agency-specific reconsideration rule with a fixed deadline; if so, that deadline controls (some agencies impose 10-20 day limits)
☐ Absent an agency-specific rule, N.J.A.C. 1:1-18.5 itself fixes no deadline for a motion to reopen — file as promptly as possible, since undue delay can undermine a showing of extraordinary circumstances
☐ 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
☐ Independently calendar the 45-day Appellate Division deadline under R. 2:4-1(b) — do not assume this Motion tolls that deadline unless the agency's own rules or R. 2:4-3(b) confirm tolling applies; consider filing a protective notice of appeal if there is any doubt

Post-Filing Considerations

☐ Because N.J.A.C. 1:1-18.5 does not establish a generic agency-level reconsideration right, tolling under R. 2:4-3(b) is only available if this Motion is made "to the agency pursuant to its rules and practice" — confirm the transmitting agency has such rules before relying on tolling
☐ If tolling does not clearly apply, the 45-day period for filing an appeal under N.J. Court Rule 2:4-1(b) continues to run from the date of service of the Final Decision regardless of the pendency of this Motion
☐ Consider whether a stay of enforcement should be requested simultaneously under N.J.A.C. 1:1-18.6(f)
☐ If the agency does not act on this Motion within a reasonable time, consult counsel regarding the risk of a missed appellate deadline
☐ Preserve the administrative record for potential appellate review
☐ The Appellate Division reviews agency decisions under the arbitrary, capricious, or unreasonable standard, and appeals are taken directly to the Appellate Division of the Superior Court under R. 2:2-3(a)(2) — New Jersey does not route agency appeals through a trial-level Superior Court

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.
• Motions to Reconsider and Reopen: N.J.A.C. 1:1-18.5 (note: subsection (a) bars reconsideration of an initial decision; subsections (b)-(c) govern motions to reopen)
• Exceptions to Initial Decision (13-day deadline): N.J.A.C. 1:1-18.4
• Final Decision; Stay of Implementation: N.J.A.C. 1:1-18.6
• Agency Head Review Standard: N.J.S.A. 52:14B-10(c)
• Appeals to the Appellate Division as of Right: N.J. Court Rule 2:2-3(a)(2)
• Appellate Division Filing Deadline: N.J. Court Rule 2:4-1(b)
• Tolling of Time for Appeal: N.J. Court Rule 2:4-3(b)
• New Jersey Office of Administrative Law: https://www.nj.gov/oal/
• N.J. Admin. Code § 1:1-18.5, text as republished at Cornell LII: https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-1-1-18-5

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.