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Kenneth Vercammen & Associates
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NJAC 10:120A-4.2 Motion for Summary Disposition

10:120A-4.2 Motion for Summary Disposition

 
 

(a) When the Administrative Hearings Unit determines that an appellant is ineligible for an administrative hearing because of the absence of material disputed facts, the Administrative Hearings Unit recommends to the Director of Legal Affairs or designee that the matter is appropriate for a Motion for Summary Disposition.

 
 
 
     
 
 

(b) The Director of Legal Affairs or designee, in consultation with a representative of the Attorney General‘s Office, shall determine whether to proceed with a Motion for Summary Disposition, based on whether or not there are material facts in dispute.

 
 
 
     
 
 

1. When the Director of Legal Affairs or designee and the representative of the Attorney General‘s Office determine to proceed with a Motion for Summary Disposition because no material facts are in dispute, the case shall be transmitted to the Attorney General‘s Office for assignment for preparation of the Motion for Summary Disposition.

 
 
 
     
 
 

2. When the Director of Legal Affairs or designee and the representative of the Attorney General‘s Office determine not to proceed with a Motion for Summary Disposition, because material facts are in dispute, the matter shall be transmitted to the OAL in accordance with N.J.A.C. 10:120A-4.3.

 
 
 
     
 
 

(c) The assigned representative of the Attorney General‘s Office transmits the completed Motion for Summary Disposition to the Commissioner or designee, and, in accordance with N.J.A.C. 1:1-12.2, to the appellant.

 
 
 
     
 
 

1. The appellant shall have 10 days to file exceptions with the Commissioner or designee.

 
 
 
     
 
 

(d) If, after reviewing all materials and any exceptions filed by the appellant and responses by the Attorney General‘s Office pursuant toN.J.A.C. 1:1-18.4(d), the Commissioner or designee determines that no material facts are in dispute, the Commissioner or designee shall sign an order denying the appellant‘s request for an administrative hearing. The Commissioner or designee shall then determine whether the Division action resulting from the undisputed facts is proper based on applicable law, regulations and policies. The Commissioner or designee shall affirm, reverse, or deny the Division action and issue a final agency decision accordingly.

 
 
 
     
 
 

1. The appellant may appeal the final agency decision in accordance with N.J.A.C. 10:120A-2.8.

 
 
 
     
 
 

(e) If, after reviewing all materials and any exceptions filed by the appellant and responses by the Attorney General‘s Office pursuant toN.J.A.C. 1:1-18.4(d), the Commissioner or designee determines that material facts are in dispute, the Commissioner or designee shall sign an order denying the Motion for Summary Disposition and granting the request for an administrative hearing.

 
 
 
     
 
 

1. The Administrative Hearings Unit shall transmit the matter to the Office of Administrative Law in accordance withN.J.A.C. 10:120A-4.3.


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

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Ken Vercammens Resume Directions to Ken Vercammen and Associates



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