What To Expect At An OAL Hearing

What To Expect At An OAL Hearing

This guide has been prepared by the Office of Administrative Law (OAL) to explain the administrative hearings process in New Jersey. It is important to remember that the information presented in this guide is general and is intended to cover the usual situation. The explanations do not cover all of the possible situations that may arise in a case. If you have more questions, consult the Uniform Administrative Procedure Rules that are found in Title 1, Chapter 1 of the New Jersey Administrative Code. (The legal citation is N.J.A.C. 1:1-1.1 et seq.) 
The OAL is an independent State agency that provides an independent and neutral hearing. Requests for hearings are initially sent to the appropriate state agency; that agency then sends the case to OAL for the hearing itself. An administrative law judge (ALJ) employed by the OAL hears the case and writes the initial decision. In nearly all instances, the initial decision is then forwarded to the agency that sent the case to the OAL. The head of that agency reviews the initial decision and has the right to adopt, reject or modify what the ALJ decided. The agency head's decision is the final decision. In hearings regarding special education issues, the ALJ's decision is final; there is no review by any agency head.
Appeal of a final decision is available in the judicial branch.  

Notice of Filing

When a case is sent to the OAL for a hearing, a Notice of Filing or a Notice of Filing and Hearing is mailed to the parties. This Notice indicates that the agency has sent the request for hearing to the OAL; it also contains other information that can help one prepare for the hearing, as well as a contact telephone number at the OAL. The Notice also contains a brief explanation of the basic issues that will be discussed at the hearing. The docket number (OAL DKT. NO.) that is used to identify the case throughout the OAL administrative process appears at the top right side of the Notice of Filing.

Prehearing Conference

If appropriate to the subject matter of the case, a prehearing conference may be scheduled. The parties or their representatives and the ALJ will discuss the issues presented and the procedures that will be used at the hearing. The possibility of settling the case may also be discussed. The prehearing conference is usually conducted by telephone conference call. The Notice of Prehearing Conference indicates the time, date, and place of the prehearing conference, the name of the ALJ who will conduct the conference, whether it will be in person or by telephone, and what will be discussed at the conference. Any party may request a prehearing conference by letter or telephone call to the assigned judge, or if not yet advised of the name of the assigned judge, to the Clerk's office.

Notice of Hearing

The Notice of Hearing provides information regarding the time, date, and place for the hearing, the name of the ALJ who will hear the case, and the procedures at the hearing. Usually this is sent out at least several weeks before the hearing, unless there are emergency circumstances.

Adjournments

If the date of the hearing or prehearing conference is a problem, an adjournment must be requested immediately. N.J.A.C. 1:1-9.6 explains the adjournment process. An adjournment will only be granted if there is a very good reason to do so that could not have been reasonably foreseen or prevented. Contact the OAL at the phone number listed on the Notice to request an adjournment. If the parties have already appeared before an ALJ, an adjournment request is made directly to the ALJ. The other party or parties to the case should be contacted to see if they will agree to an adjournment and to possible alternate dates before the OAL is contacted. When the OAL is notified, the party requesting an adjournment will be asked the reason for the request, whether or not the other parties have been contacted, and whether they agree to the adjournment. If the request is granted, a new date will be set for the conference or hearing. If there is a dispute regarding a request for adjournment, it may be necessary for the judge to hold a telephone conference with all parties to resolve the request.

Discovery

Discovery, or the gathering of information about the case prior to the hearing, should begin immediately. Discovery in OAL hearings is explained in N.J.A.C. 1:1-10.1 through 1:1-10.6.
Through discovery you can ask the opposing party to respond to written questions (called interrogatories) or to provide copies of documents. To do so, simply deliver, in person or by mail, the request for answers to interrogatories or for copies of documents to the other party. If a party refuses to respond or if the request for discovery appears to be unfair, the ALJ may need to be notified. The matter may be resolved with a telephone conference call between the ALJ and all of the parties.
If you receive a request for discovery, you must either provide the information within fifteen days of receiving the request or object to the request by conference call within ten days of receiving the request. If you do not receive a response to your discovery request, you must notify the ALJ and other parties by telephone conference call within ten days of the date that you should have gotten the response. If you receive an inadequate response to your discovery request, you must notify the ALJ and other parties by telephone conference call within ten days of receiving the response.
If a conference call is not conducted within these time limits, the right to obtain information or to object to a discovery request may be forfeited. In any case, all discovery must be completed ten days before the first hearing date.

Subpoenas N.J.A.C. 1:1-11

If the testimony of a person who has firsthand knowledge of something important to the case is necessary, he or she must attend the hearing and testify. If he or she will not attend voluntarily, a subpoena must be issued. A subpoena is a legal document that orders a person to appear at the hearing and to give testimony. The subpoena form and instructions may be found at this website. Subpoenas are delivered to the witnesses either in person or by sending them certified mail (return receipt requested). In either case, a record of the delivery should be maintained so that there is proof that the subpoena was received by the person. The subpoena should be delivered immediately in order to give the witness time to get ready for the hearing. A witness fee must be included with the subpoena. If the witness lives in the county where the hearing will be held, the fee is $2.00 a day. If the witness lives in another county, the fee is an additional $2.00 for every thirty miles the witness must travel. If a party needs the testimony of a person who is an expert, such as a doctor, an additional fee may be required.
A person who is subpoenaed and feels that his or her presence at the hearing is unnecessarily or unfairly required can object to the ALJ with notice to the parties. An ALJ will consider the objection and decide whether that person must obey the subpoena. Other questions about the subpoena, such as whether you have to be there exactly at the time specified, are directed to the person who requested the subpoena. His or her name and telephone number appear on the subpoena.

Motions

The ALJ may be asked by the parties to make a number of decisions before the hearing begins and during the hearing itself. For example, the ALJ may be asked to change the hearing date, to decide whether a person must obey a subpoena, or to sustain an objection to a discovery request. The technical term for all these requests is a "motion." A motion should be made in writing to an ALJ with a copy to the other parties. A motion does not have to be in any special form; a letter is sufficient. Motions during the course of the hearing are usually made orally. More information about motions can be found in N.J.A.C. 1:1-12.1 through 1:1-12.7.

Representation

An attorney may represent a party or a party may present the case him or herself. Additionally, in some cases a non-lawyer may assist a party at the hearing. Some examples are, a paralegal or assistant employed by legal services; a principal of a close corporation; a union representative in a civil service case; and an individual who is permitted by federal law to appear in a Special Education case. In Family Development, Medical Assistance, and Youth and Family Services cases the non-lawyer can ask to be allowed to appear on the day of the hearing. In all other cases, the non-lawyer must complete a Notice of Appearance/Application form [available on this website] and return it to the OAL at least ten days before the hearing.

Hearing Preparation

In preparing for a hearing, it may be helpful to make a list of all information that relates to the case and that needs to be presented. Bring the originals and two copies of all documents to the hearing so that one can be given to the other party and one to the ALJ.
Persons who have firsthand knowledge of the case should be asked to attend the hearing to testify. (see subpoenas above) Please note that an expert witness will generally receive a fee.

Location of Hearing

OAL has hearing rooms in Newark, Trenton and Atlantic City. Every attempt will be made to schedule your hearing at a convenient location. The Notice of Hearing will tell you where the hearing will be held. Directions to the three offices of the OAL are available on this website.

The Hearing
In each case, the ALJ decides who will present evidence first and how the hearing will proceed. This decision will be based on which party is requesting the action, on which party has the most evidence, and on what would be the most practical and orderly way to develop the issues in the case.
In some cases, the ALJ will see if a settlement of the case is possible before the hearing begins. This discussion will usually take place off the record; that is, it is not recorded by tape or by a court reporter. If settlement cannot be reached, the hearing will continue.
Before the actual presentation of the case begins, the ALJ will explain the procedures that will be followed and also state what the hearing is about. A party confused about the procedures or about the ALJ's statements concerning the case, should let the ALJ know and ask questions.
The ALJ will allow each party to present witnesses and other evidence. The ALJ will also permit each party to question the other party's witnesses. This is called cross-examination. All relevant evidence may be presented, including hearsay, which is, generally, statements repeated by a witness that were made by another person. The ALJ may, however, limit presentation of evidence if it is repetitive, overly time-consuming, abusive, too prejudicial, or irrelevant.
A record of everything that is said will be made at the hearing, so it is important that everyone speak in a loud, clear voice. The hearing will either be tape recorded or transcribed by a stenographer.
The ALJ is an independent, impartial person with no personal stake in the outcome of the case. The ALJ will attempt to get at the truth of the matter and to understand and fairly evaluate the position of each party. In doing so, the ALJ may ask questions of any participant in the hearing.

Post-Hearing Submissions

In some cases, the ALJ will ask for additional documents to be submitted after the hearing. It is also possible that the ALJ will ask for a written argument, or brief, after the hearing. This written argument can be in the form of a letter and simply states the factual and legal reasons that support a position on the case.

Decision of ALJ

If the ALJ does not ask for additional documents or for briefs, the case ends on the last day of the hearing. If the ALJ asks for additional documents or briefs, a date will be set by which those documents must be received. The case will end on that date. The ALJ will not consider documents received after this date. A party cannot supply additional information, either to the ALJ or the agency head once the case ends. Prior to the issuance of the ALJ's decision, a motion may be filed to reopen the record, however, such motions are granted only for extraordinary circumstances. The decision usually is due within forty-five days from the date the case ended. In some cases the decision is due in less than forty-five days, if so, the ALJ will indicate the due date at the end of the hearing.

Settlement

If a settlement is reached before the hearing begins, the ALJ will ask the parties to write out the terms of the agreement and to sign the settlement. If it is not possible to do this on the hearing date, the ALJ will set a date by which it must be prepared and signed.
The ALJ may also ask that the parties meet in the hearing room and place the settlement terms "on the record." This means that the parties will explain the agreement and state that they understand and voluntarily agree to the terms. Once the terms are in writing and signed by the parties, the ALJ will issue a decision. This decision and the settlement are then sent to the agency. If the agency already agreed to the settlement, the case is over. If not, the agency head has forty-five days to review the settlement as he or she would review an initial decision in any other case.

Withdrawal of Hearing Request

If the party who requested the hearing no longer wishes to proceed with the hearing process, he or she must write to either the ALJ or the Clerk of the OAL. Upon receipt of the withdrawal, the case will be closed and the file returned to the agency. If a hearing request is withdrawn, the agency may proceed with any proposed action.

Failure to Appear

A party, who has not appeared at the time and place of the hearing, must call the ALJ immediately to explain why. If the ALJ is not contacted and given an explanation for the failure to appear, the case will be sent back to the agency. The agency may then proceed with any proposed action.
If an emergency arises on the hearing date and a party will be late for the hearing, a call should be made to the ALJ or to the phone number on the notice to explain the problem.

Transcript Request N.J.A.C. 1:1-14.11

If the hearing was tape recorded, a party must write to the Clerk of the OAL to request a transcript. A deposit of $300.00 per hearing day must accompany the request. The requesting party must also notify all parties that the transcript was requested. When the transcript is ready, the requesting party will be billed for the actual cost of preparation and reimbursed for any overpayment.
If the hearing was recorded by a court reporter, the request for a transcript is made directly to the reporting firm. The requesting party must notify the OAL Clerk and the other parties of the request and tell the firm to provide a copy of the transcript to the OAL Clerk. The firm will require a deposit and will bill the requesting party for the cost of preparing the transcript.
Any party may get a copy of the tape of any hearing that was tape recorded by OAL by sending blank cassette tapes to the OAL Clerk. The hearing tapes will be copied onto the blank cassettes at no charge.

Filing Exceptions to Initial Decision

A party who objects to any of the information contained in the initial decision may file exceptions with the agency head. Usually exceptions must be filed within thirteen days from the date the initial decision was mailed to the parties, but you should check the end of the initial decision because in some case they must be filed sooner. The exceptions may be in a letter and should explain the particular portions of the initial decision with which you disagree and the specific reasons for the disagreement. Information that was not presented during the hearing cannot be included in the exceptions. A copy of the exceptions should also be sent to the other parties and the ALJ. If the thirteen-day deadline cannot be met because you need to order a transcript or get hearing tapes, write to the agency head and ask for an extension. (See N.J.A.C. 1:1-18.8(d) and (e).
A party may reply to exceptions received from another party by writing to the agency head and sending a copy to the ALJ and all of the other parties.

Final Decision

The agency head can adopt, modify or reject the initial decision within forty-five days of receiving it. If the agency head does not take any action within the forty-five-day period, the initial decision automatically becomes the final decision. A final decision that rejects or modifies the initial decision must specify in detail the reason for rejection or modification and the effect of the change. The final decision must also specify the evidence that justifies the rejection or modification.
In special education matters, the judge's decision is the final administrative decision.

Extensions of Time for Initial Decision, Exceptions, Final Decision

The time for issuing the initial and final decisions can be extended for forty-five days if the Director of the OAL and the head of the transmitting agency both sign an order agreeing to the extension. In that case, the parties will receive a copy of the order. The head of the agency that will issue the decision can grant an extension of the time for filing exceptions, again, there must be good cause for the extension.

Appeals from Final Decisions

Any party may appeal a final decision to the Appellate Division of the Superior Court. The Notice of Appeal must be filed within 45 days of the date of the final decision. The Rules Governing the Courts of the State of New Jersey provide the rules and procedures for filing the appeal. Information regarding filing an appeal may be obtained from: Appeals Information, Superior Court of New Jersey, Richard J. Hughes Justice Complex, PO Box 006, Trenton, New Jersey 08625.
The ALJ's decision in a special education case is final, thus a party may appeal the decision of the ALJ either to the Superior Court of New Jersey, pursuant to the Rules Governing the Courts of the State of New Jersey, or to the District Court for the District of New Jersey pursuant to 20 U.S.C.A. 1415(e)(2).

NJ COURT RULE 1:38. All court records are public and available for inspection and copying, unless specifically barred

NJ COURT RULE 1:38. All court records are public and available for inspection and copying, unless specifically barred 

     All records which are required by statute or rule to be made, maintained or kept on file by any court, office or official within the judicial branch of government shall be deemed a public record and shall be available for public inspection and copying, as provided by law, except:

     (a) Personnel and pension records;

     (b) County probation department records pertaining to investigations

     and reports made for a court or pertaining to persons on probation;

     (c) Completed jury questionnaires, which shall be for the exclusive use

     and information of the jury commissioners and the Assignment Judge, and

     the preliminary lists of jurors prepared pursuant to N.J.S. 2A:70-1 and

     2, which shall be confidential unless otherwise ordered by the

     Assignment Judge;

     (d) Records required by statute or rule to be kept confidential or

     withheld from indiscriminate public inspection;

     (e) Records in any matter which a court has ordered impounded or kept

     confidential;

     (f) Records of programs approved for operation under R. 3:28 and

     reports made for a court or prosecuting attorney pertaining to persons

     enrolled in or under investigation for enrollment in such programs;

     (g) Records of programs approved for operation under R. 7:8-1;

     (h) Reports required to be prepared by trial court judges and municipal

     court judges on a weekly, monthly, or other basis and submitted to the

     Administrative Director of the Courts pursuant to R. 1:32-1;

     (i) Records and information obtained and maintained by the Judicial

     Performance Committee pursuant to R. 1:35A, except as otherwise

     provided in that rule;

     (j) Discovery materials obtained by the criminal division manager's

     office from the prosecutor pursuant to R. 3:9-1 and R. 3:13-3.

LAW OFFICE VOLUNTEER WINTER BREAK INTERNSHIPS IN EDISON, N.J.

  LAW OFFICE VOLUNTEER WINTER BREAK INTERNSHIPS IN EDISON, N.J. 

         The Law Office of Kenneth Vercammen established a special Winter break legal internship program for college students and Law Students. Volunteer students will have the opportunity to work in a busy law office and work with real clients. Students interested in a career in law can obtain knowledge and experience in law office procedures, preparing legal correspondence, and assisting clients. For the Winter/ Christmas program selected interns must work 30 hours per week for 3 weeks minimum.

         Interested students must mail or fax a cover letter indicating the internship they are applying for and resume. If no personal cover letter by student, the resume will not be considered. Emails not accepted. After sending the resume and cover letter, call the office.

Details on internships at http://www.njlaws.com/intern.htm

LAW OFFICE   WINTER/ CHRISTMAS BREAK- VOLUNTEER INTERNSHIPS

        EDISON, N.J. 

          Volunteer students will have the opportunity to work in a busy law office and work with real clients. Students interested in a career in law can obtain knowledge and experience in law office procedures, preparing legal correspondence, and assisting clients.

 

1. WORK ON   LITIGATION MATTERS

     -ACCIDENT INVESTIGATION AND WITNESS CONTACTS

     - EVIDENCE REVIEW

     -CONTACT DEFENSE ATTORNEYS TO REQUEST DISCOVERY

      

2. WORK ON CRIMINAL, MUNICIPAL COURT AND PUBLIC DEFENDER CASES

     - CONTACT MUNICIPAL PROSECUTOR TO OBTAIN DISCOVERY

     -CONTACTS WITH COURT AND COUNTY PROSECUTOR'S OFFICE

     -PREPARE DISCOVERY DEMANDS    

     -EVIDENCE REVIEW AND ORGANIZATION

     -PREPARATION FOR TRIAL AND ATTEND HEARINGS

-Interview Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses

-Make demands for Discovery on Prosecutor and review police reports

-Attend hearings and learn from experienced trial attorneys

-Prepare Motions to Suppress Evidence and Motions to Compel Discovery

-Conduct appropriate Legal research

-Acquire skills in Criminal Law and Procedure by active participation

-Participate in Public Relations activities and help organize seminars

- Update Lists of Prosecutors, Judges and Attorneys for publication of

    NJ Municipal Court Law Review

- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.

3.  WILLS & PROBATE PRACTICE

     - ACT AS FORMAL WITNESS TO WILLS, POWER OF ATTORNEY AND OTHER LEGAL DOCUMENTS

     -PUBLICIZE WILL SEMINARS AND ATTEND PROGRAMS FREE OF CHARGE

4  -WORK ON COMMUNITY RELATIONS AND MARKETING including submitting articles to legal websites and search engines

           

            This is an excellent opportunity to gain valuable experience as a volunteer intern and learn New Jersey Practice and Procedure. Build your resume and obtain marketable skills.  Longer hours or weeks permitted. On Wednesday night and Friday morning, we work on Public Defender cases. Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want.  Help people less fortunate than you who are down on their luck.

          You will handle a client's file and learn details on running a successful law practice. This will not be a brief writing and photocopying clerkship. For additional information on the Law Office, please visit the website at www.njlaws.com     

         Mail or fax cover letter and resume. Do not email.

       You will help handle a client's file and learn details on running a successful law practice.  We sponsor a statewide website with information on litigation, personal injury, criminal and probate matters. It is helpful if applicants have some familiarity with HTML programming, web page design and maintenance and Internet technology. If you can update a website, please indicate so in the first paragraph of your cover letter. This office is committed to excellence and service to clients and the community. Applicants must have attention to detail. Included in activities is to help translate webpages and add to web logs.

         Students interested in a career in law obtain experience in law office procedures, preparing legal correspondence, and assisting clients.   

          

                                                        Very truly yours,

                                                  KENNETH VERCAMMEN, Managing Attorney

         Mail or fax cover letter and resume. Do not email.

Kenneth Vercammen & Associates, PC

2053 Woodbridge Avenue, Edison, NJ 08817

PHONE 732-572-0500           (Fax)  732-572-0030

[near Rt 287 and the NJ Turnpike]

amendments to Rules 4:74-7 and 4:74-7A

SUPREME COURT OF NEW JERSEY 

It is ORDERED that the attached amendments to Rules 4:74-7 and 4:74-7A of the Rules Governing the Courts of the State of New Jersey are adopted to be effective August 1, 2012. 

For the Court, 

/s/ Stuart Rabner 

Chief Justice 

Dated: July 10, 2012 

4:74-7. Civil Commitment – Adults 

(a) Applicability; Definitions. This rule applies to the civil commitment of persons 18 years of age or older[,] to inpatient or outpatient treatment, and the definitions contained in N.J.S.A. 30:4-27.2 apply. 

(b) Commencement of Action. An action for commitment to treatment shall be commenced either through a screening service referral or upon independent application for a temporary court order, except that an action for commitment to outpatient treatment may alternatively be commenced through the conversion procedure set forth in subparagraph (f)(3) of this Rule. All clinical and screening certificates shall be in the form prescribed by the Division of Mental Health and Addiction Services in the Department of Human Services subject to the approval of the Administrative Director of the Courts. 

(1) Screening Service Referral. A person who has been involuntarily admitted to a short-term care or psychiatric facility or special psychiatric hospital or assigned to an outpatient treatment provider on referral by a screening service may be detained by the facility or the hospital without court order for not more than 72 hours from the time the original screening certificate was executed. During that period the facility, [or] the hospital or outpatient treatment provider may institute proceedings by filing with the court [both] the original clinical certificate completed by a psychiatrist on the patient’s treatment team, [and] the original screening certificate executed by a psychiatrist or other physician affiliated with the screening service and, if commitment to outpatient treatment is recommended, an interim plan of outpatient treatment. If the screening was performed by means of telepsychiatry by a screening service having a Division of Mental Health and Addiction Services approved plan of telepsychiatry, the facility, hospital or outpatient treatment provider may file with the court a facsimile of the original 

screening certificate in lieu of the original. A copy of the certificates and interim plan of outpatient treatment, if required, shall be filed with the office of the county adjuster. 

(2) Independent Applications. If the screening service procedure is not employed, proceedings for involuntary commitment to treatment may be initiated by filing an application supported by two clinical certificates, at least one of which is prepared by a psychiatrist, stating that the person is in need of involuntary commitment to treatment. If an application for involuntary commitment to outpatient treatment is filed, an interim plan of outpatient treatment developed by an outpatient treatment program shall be filed in addition to the two clinical certificates. The originals shall be filed with the court and copies with the office of the county adjuster. If the application is made after a voluntary patient requests discharge from a facility or hospital, the patient may be detained for not more than 48 hours after the request or until the end of the next working day, whichever is later. If proceedings are instituted by independent application, there shall be no involuntary commitment to treatment prior to entry of a temporary commitment order by the court. 

(3) Certificates for Adults 

(A) Contents. If the patient is an adult, the certificates shall state with particularity the facts upon which the psychiatrist, physician or mental health screener relies in concluding that (1) the patient is mentally ill, (2) that mental illness causes the patient to be dangerous to self or others or property as defined by N.J.S.A. 30:4-27.2h and -.2i, [and] (3) [appropriate facilities or services are not otherwise available] the patient is unwilling to accept appropriate treatment voluntarily after it has been offered, (4) the patient needs outpatient treatment or inpatient care at a short term care or psychiatric facility or special psychiatric hospital, and (5) other less restrictive alternative services are not appropriate or available to meet the person’s mental health 

care needs. If inpatient treatment is recommended, the certificates shall indicate that the patient is immediately or imminently dangerous to self, others or property or outpatient treatment is inadequate to render the patient unlikely to be dangerous within the reasonably foreseeable future. If outpatient treatment is recommended, the certificates shall indicate that with a plan of outpatient treatment the patient will unlikely be dangerous to self, others or property within the reasonably foreseeable future. 

(B) Persons Disqualified. A person who is a relative by blood or marriage of the person being examined shall not execute any certificate required by this rule. If the screening service referral procedure is used, the same psychiatrist shall not sign both the screening certificate and the clinical certificate unless that psychiatrist has made a reasonable but unsuccessful attempt to have another psychiatrist conduct the evaluation and execute the certificate. 

(c) Temporary Commitment. The court may enter an order of temporary commitment to treatment authorizing the assignment of a person to an outpatient treatment provider or the admission to or retention of custody by a facility pending final hearing if it finds probable cause, based on the [certificates] documents filed in accordance with paragraph (b) of this rule, to believe that the person is in need of involuntary commitment to treatment. The order of temporary commitment shall include the following terms: 

1. A place and day certain for the commitment hearing, which shall be within 20 days [after] from the initial [inpatient admission to the facility] commitment to treatment. The date shall not be subject to adjournment except that in exceptional circumstances and for good cause shown in open court and on the record the hearing may be adjourned for a period of not more than 14 days. 

2. Assignment of counsel to present the case for involuntary commitment to treatment as required by statute. 

3. Assignment of counsel to represent an unrepresented patient, whose fees shall be fixed by the court after hearing and paid pursuant to paragraph (i) of this rule. 

4. The persons to be notified by the county adjuster of the admitting county of the time and place of hearing, the mode of service of the notice, and the time within which notice must be served. Notice shall be served not less than 10 days prior to the date of the hearing, nor shall any mode of service of the notice on the patient be permitted other than personal service. In addition to the patient, the patient's counsel, and the patient's guardian or guardian ad litem, if any, notice shall also be given to the county counsel, the nearest relatives of the patient, the county adjuster of the county in which the patient has legal settlement, and the director[,] or chief executive officer [or other individual who has custody of the patient] of the inpatient facility or hospital or outpatient treatment provider. The court may order notice to be served on any other person. The form of notice served upon the patient and the patient’s counsel or guardian ad litem shall include a copy of the temporary court order, a statement of the patient's rights at the hearing and the screening or clinical certificates and supporting documents. 

(d) Discovery. …no change 

(e) Hearing. No final order of commitment to treatment shall be entered except upon hearing conducted in accordance with the provisions of these rules. The application for commitment to treatment shall be supported by the oral testimony of a psychiatrist on the patient's treatment team who has conducted a personal examination of the patient as close to the court hearing date as possible, but in no event more than five calendar days prior to the court hearing. If a licensed psychologist has examined the patient, the court may also require the 

psychologist to appear and testify in the matter. Any expert witness who is to testify shall prepare a written report and shall make it available to the court and all counsel no later than one business day prior to the hearing. The report shall be in a form prescribed by the Department of Human Services and subject to approval by the Administrative Director of the Courts, and designed to minimize the burden on hospital or outpatient treatment provider administrative and clinical resources while still accomplishing its objective. Other members of the patient's treatment team may also testify at the hearing, as may the patient's next-of-kin if the court so determines. The patient shall have the right to appear at the hearing, but may be excused from the courtroom during all or any portion thereof if the court determines that because of the patient's conduct at the hearing it cannot reasonably continue while the patient is present. In no case shall the patient appear pro se. The patient, through counsel, shall have the right to present evidence and to cross-examine witnesses. The hearing shall be held in camera, except as otherwise provided by R. 3:19-2 (acquittal by reason of insanity). 

(f) Final Order of Commitment, Review, Conversions, Modifications of Outpatient Treatment. 

(1) Entry of Order. The court shall enter an order authorizing involuntary commitment of the patient to an outpatient treatment provider or admission to an inpatient setting for treatment if it finds, by clear and convincing evidence presented at the hearing that the patient is in need of continued involuntary commitment to treatment by reason of the fact that (1) the patient is mentally ill, (2) mental illness causes the patient to be dangerous to self or dangerous to others or property as defined in N.J.S.A. 30:4-27.2h and -.2i, (3) the patient is unwilling to be admitted to a facility for voluntary care or accept appropriate treatment voluntarily, and (4) the patient needs outpatient treatment as defined by N.J.S.A. 30:4-27.2hh or inpatient care at a short-

term care or psychiatric facility or special psychiatric hospital because other less restrictive alternative services are not appropriate or available to meet the patient's mental health care needs. 

(2) Review. The order shall provide for periodic reviews of the commitment. For inpatient treatment, periodic reviews should be no later than (i) three months from the date of the first hearing, and (ii) nine months from the date of the first hearing, and (iii) 12 months from the date of the first hearing, and (iv) at least annually thereafter, if the patient is not sooner discharged. For outpatient treatment, periodic reviews should be no later than (i) 6 months from the date of the first hearing, (ii) 9 months from the date of the first hearing, (iii) 12 months from the date of the first hearing, and (iv) at least annually thereafter, if the patient is not sooner discharged. The court may schedule additional review hearings but, except in extraordinary circumstances, not more than once every 30 days. If the court determines at a review hearing that involuntary commitment to treatment shall be continued, it shall execute a new order. All reviews shall be conducted in the manner required by paragraph (e) of this rule. When the advanced age of the patient or when the cause or nature of the mental illness renders it appropriate, and where it would be impractical to obtain the testimony of a psychiatrist as required in paragraph (e), the court may, in its discretion and with the consent of the patient, support its findings by the oral testimony of a physician on the patient's treatment team who has personally conducted an examination of the patient as close to the hearing date as possible, but in no event more than five days prior to the hearing date. A scheduled periodic review, as set forth above, shall not be stayed pending appeal of a prior determination under this rule. 

(3) Conversions. The chief executive officer of a psychiatric facility or hospital may apply to the court between the time periods for review of the commitment for an order changing 

the placement of the patient from an inpatient setting to an outpatient setting. The court shall set a date for a hearing on the conversion application and notice of the hearing shall be served upon the patient, the patient’s guardian, if any, the patient’s next of kin, the patient’s attorney and the county adjuster of the county in which the patient has legal settlement. The court shall enter an order authorizing the conversion of the involuntary commitment of the patient from inpatient to outpatient treatment if it finds, by clear and convincing evidence presented at the hearing, that the patient is in need of continued commitment to treatment pursuant to N.J.S.A. 30:4-27.2m, and the least restrictive environment for the patient to receive clinically appropriate treatment is in an outpatient setting. 

(4) Modification of Outpatient Treatment. 

(A) Material Noncompliance. If a patient fails to materially comply with a plan of outpatient treatment during the time the patient is assigned to outpatient treatment by the court or the provider determines the plan of outpatient treatment is inadequate to meet the patient’s mental health needs, the outpatient treatment provider shall notify the court in writing of the material noncompliance and refer the patient to a screening service for assessment to determine appropriate mental health services pursuant to N.J.S.A. 30:4-27.5. 

(B) Modification of Plan. If an outpatient treatment provider determines a plan of outpatient treatment is inappropriate and needs to be modified, but the patient does not need to be referred to a screening service, the provider shall apply to the court for an order modifying the plan of outpatient treatment. Notice of the application to modify the treatment plan shall be served upon the patient’s attorney and the county adjuster. The court shall enter an order modifying the plan of outpatient treatment as appropriate. 

(g) Conversion to Voluntary Status; Voluntary Admission Through a Screening Service …no change 

(h) Discharge. 

(1) Order of Discharge. If the court concludes at the review hearing that the evidence does not warrant continued commitment to treatment, it shall order that the patient be discharged. The facility or outpatient treatment provider shall discharge the patient as soon as practicable but no later than 48 hours after the court's verbal order or by the end of the next working day, whichever is later. An order discharging the patient may contain conditions for discharge[, such as attendance at a non-residential mental health facility or other form of supervision] provided the court finds that the patient's history indicates a high risk of [rehospitalization] repeated commitment because of the patient's failure to comply with discharge plans or a substantial likelihood that by reason of mental illness the patient will be dangerous to self, others or property if the patient does not receive other appropriate and available services that render involuntary commitment to treatment unnecessary. Conditions shall be recommended by the facility or outpatient treatment provider and mental health agency staff and developed with the participation of the patient, shall be specific, and shall not exceed 90 days in duration except as otherwise provided by law. The continuation of any such conditions shall be subject to periodic review as provided by paragraph (f) hereof. 

(2) Order of Conditional Extension Pending Placement. If a patient otherwise entitled to discharge from an inpatient facility cannot be immediately discharged due to the unavailability of an appropriate placement, the court shall enter an order conditionally extending the patient's hospitalization and scheduling a placement review hearing within 60 days thereafter. If the patient is not sooner discharged, a second placement review hearing shall be held no later 

than six months after the initial placement review hearing and subsequently at no greater than six-month intervals. At all placement review hearings the court shall inquire into and receive evidence of the patient's placement as is necessary to support the entry of an order conditionally extending the patient's hospitalization. At all placement review hearings, the hospital employee who has primary responsibility for placing the patient shall prepare a written report and shall make it available to the court and all counsel no later than one business day prior to the hearing. The report shall be in a form prescribed by the Department of Human Services and subject to approval by the Administrative Director of the Courts, and designed to minimize the burden on hospital administrative and clinical resources while still accomplishing its objective. If the court is advised at a hearing that an appropriate placement is available, it shall forthwith order such placement. If an appropriate placement becomes available during the interval between scheduled hearings, the patient may be administratively discharged to said placement. 

The patient shall have the right to counsel in all placement review proceedings. Notice of the date, time and place of all hearings shall be given the patient and patient's counsel no later than ten days prior to the hearing. The patient's counsel shall be entitled to inspect and copy all records relating to the patient's condition including the patient's clinical chart and all records relating to placement, to introduce evidence and to cross-examine adverse witnesses. 

(3) Access to Appropriate Records for Placement. Whenever a person is or has been voluntarily admitted or involuntarily committed to [a facility] treatment under N.J.S.A. Title 30, Article 4, and whose certificates, applications, records and reports, therefore, are controlled by N.J.S.A. 30:4-24.3 and it appears that disclosure of said records is necessary to plan for or implement the placement of the person in a less restrictive or alternative environment, and the patient is unable or unwilling to give informed consent for said disclosure, a petition for the 

release of such records and the authority to execute any and all documents necessary to effectuate such placement, including but not limited to any and all applications and financial forms, may be made pursuant to R. 1:6 as follows: 

(A) Contents. The petition shall set forth the person or facility making the application, the name of the patient, the type of facility in which placement is sought, the commitment status of the patient, the reasons for the request, the response of the patient and his or her next-of-kin, and the relief requested. 

(B) Service; Protective Order. A copy of the petition shall be served on the patient and the patient's attorney, if any. The court may in its discretion appoint an attorney to represent an unrepresented patient. The court shall enter a protective order to preserve the confidentiality of the records to the greatest extent possible. 

(i) Order for Payment for Commitment to a Psychiatric Facility. 

(1) The patient’s legal settlement and provision for payment of the expenses of the patient's care and treatment at a psychiatric facility shall be determined by the court on petition of the county adjuster, which shall be accompanied by a report stating the results of the county adjuster's investigation and the county adjuster's recommendations. The county adjuster's petition and report shall be served upon the patient or the patient's legal guardian if any, the patient's attorney, and any person who may be legally responsible for payment. The petition shall set forth the name and address of the county adjuster and the address of the court and shall state that any objection to the recommendations of the county adjuster shall be filed with the court and served upon the county adjuster within 20 days after service of the petition and report. The petition shall further state that if no objection is filed within the 20-day period, the court may enter an order imposing liability in accordance with the recommendations of the report of the 

county adjuster. If no objection is filed, the court may enter an appropriate order based on the petition. If an objection is filed, an order may be entered only after a hearing on notice, which may be summary in nature. 

(2) The person or public body charged with the responsibility for payment of the expenses of the patient's care and treatment at a psychiatric facility shall also be charged with the fee of assigned counsel and guardian ad litem and reasonable costs, including the costs of experts, incurred by either of them in representing the patient. If the assigned counsel or guardian ad litem is employed by a legal services project, counsel’s fee shall be ordered payable thereto. If counsel is employed by the State or county, no fee allowance shall be made. 

(j) Filing. … no change 

Note: paragraphs (a) (b) (c) (d) (e) (f) and (g), captions and text deleted and new text adopted July 17, 1975 to be effective September 8, 1975; paragraphs (a), (b), (c), (e), (f) amended and (j) caption and text deleted and new caption and text adopted September 13, 1976, to be effective September 13, 1976; paragraphs (b), (d), and (f) amended July 24, 1978, to be effective September 11, 1978; paragraph (f) amended July 16, 1981 to be effective September 14, 1981; paragraph (b) amended July 22, 1983 to be effective September 12, 1983; paragraphs (e) and (f) amended and paragraphs (g) and (h) caption and text amended November 2, 1987 to be effective January 1, 1988; paragraphs (a) and (b) amended, subparagraphs (b)(1) and (2) adopted, paragraphs (c), (d) and (e) amended, caption and text of paragraph (f) amended, and caption and text of subparagraphs (g)(1) and (2) amended November 7, 1988 to be effective immediately; November 7, 1988 amendments rescinded February 21, 1989 retroactive to November 7, 1988; November 7, 1988 amendments reinstated June 6, 1989 to be effective June 7, 1989; subparagraph (c)(2) amended June 6, 1989 to be effective June 7, 1989; paragraph (g) recaptioned and text adopted and paragraphs (g) (h) (i) and (j) redesignated (h) (i) (j) and (k) June 29, 1990 to be effective September 4, 1990; paragraphs (c), (e) and (g) amended July 14, 1992 to be effective September 1, 1992; paragraphs (b)(2), (c)(1) and (4), (e), (f), (h)(2), (i)(1) and (2)and (k) amended July 13, 1994 to be effective September 1, 1994; amended January 22, 1997 to be effective March 1, 1997; paragraph (f)(2) amended July 27, 2006 to be effective September 1, 2006; paragraph (f)(2) amended July 9, 2008 to be effective September 1, 2008; paragraphs (a), (b), (c), (e), and (h) amended, paragraph (f) caption and text amended, new subparagraphs (f)(3) and (f)(4) adopted, and paragraph (i) caption and text amended July 10, 2012 to be effective August 1, 2012. 

4:74-7A. Civil Commitment-Minors 

(a) Definitions. …no change. 

(b) Applicability. All provisions of R. 4:74-7 (Civil Commitment-Adults) shall be applicable to the commitment of minors, except as follows: 

(1) The certificates required by R. 4:74-7(b) shall state with particularity the facts upon which the psychiatrist, physician or mental health screener relies in concluding that (a) the minor suffers from childhood mental illness, (b) the childhood mental illness causes the minor to be dangerous to self or others or property as defined in R. 4:74-7A(a)(3), and (c) the minor is in need of intensive psychiatric treatment that can be provided at a psychiatric hospital, special psychiatric hospital or children's crisis intervention service and which cannot be provided in the home, the community or on an outpatient basis. 

(2) The order of temporary commitment prescribed by R. 4:74-7(c) shall fix a date certain for the commitment hearing within 14 days after the initial inpatient admission to the facility, which date shall not be subject to adjournment except that in exceptional circumstances and for good cause shown in open court and on the record, the hearing may be adjourned for a period of not more than seven days. Notice shall be served not less than five days prior to the hearing. 

(3) A guardian ad litem, other than the applicant for the commitment, shall be appointed to represent the patient. If the court, for good cause shown, appoints a guardian ad litem who is not an attorney, counsel for the guardian ad litem shall also be appointed. The guardian ad litem shall, unless relieved by court order, continue to represent the minor in respect of all matters arising under this rule until the minor is either released or reaches majority. 

Assigned counsel and guardian ad litem fees shall be fixed by the court after hearing and paid pursuant to R. 4:74-7(i). 

(4) A final order of commitment pursuant to R. 4:74-7(f) may be entered if the court finds that either: 

(i) a minor fourteen years of age or older (a) suffers from childhood mental illness, (b) that the childhood mental illness causes the minor to be dangerous to self or others or property as defined by N.J.S.A. 30:4-27.2h and -27.2i and (c) that the minor is in need of intensive psychiatric treatment that can be provided at a psychiatric facility, special psychiatric hospital, or children's crisis intervention service and which cannot be provided in the home, the community or on an outpatient basis; or 

(ii) a minor under fourteen years of age (a) suffers from childhood mental illness, (b) that the childhood mental illness causes the minor to be dangerous to self or others or property as defined by R. 4:74-7A(a)(3) and (c) that the minor is in need of intensive psychiatric treatment that can be provided at a psychiatric facility, special psychiatric hospital, or children's crisis intervention service and which cannot be provided in the home, the community or on an outpatient basis. 

(5) The commitment shall be judicially reviewed no later than every three months from the date of its last entry until the minor is discharged or reaches the age of 18. 

(6) The hearings on an application to convert to voluntary status pursuant to R. 4:74-7(g) shall be held within 14 days rather than the 20 days prescribed for adults. 

(7) Any and all provisions relating to involuntary commitment to outpatient treatment. 

(c) Voluntary Admission. …no change. 

(d) Parental Admission and Discharge. …no change. 

Note: New rule relating to the commitment of minors adopted January 22, 1997 to be effective March 1, 1997; new subparagraph (b)(7) adopted July 10, 2012 to be effective August 1, 2012.