PERC Proposes to Eliminate Right to Legal Argument in Interim Relief Cases

By Ira W. Mintz, Esq.

The Commission has proposed amendments to its interim relief rules that, among other things, would allow the Commission Chair or designee to deny an application for interim relief if the Chair or designee believes that there is an insufficient basis in the pleadings to meet the standards for granting interim relief.  The amendments would also permit the Chair or designee to issue an interim relief decision before the submission of a supporting brief, and eliminate the right to argue orally in person, or to argue orally at all.  Comments on the rule proposal are due Friday, May 4.  The Commission is required to post a notice of its rulemaking proposal on its web site, but it has not done so.  The rule proposal can be found in the New Jersey Register at 44 N.J.R. 560(a).

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