In re Allegations of Violations of Law and Admin. Code by A. Fiore & Sons, Inc

In In re Allegations of Violations of Law and Admin. Code by A. Fiore & Sons, Inc., 94 N.J.A.R.2d 175, 195-96, 1994 WL 463516 (EPE 1994), rev'd in part on other grounds, 96 N.J.A.R.2d 305, 1996 WL 768883 (EPE 1996) the respondents objected to the ALJ directing the staff of the BPU to calculate penalty and refunds in accordance with his findings, after the close of the record. The Commissioner of the Department of Environmental Protection and Energy said that the "ALJ's directive is unobjectionable and, indeed, commonplace." The Staff did not engage in ex parte activity, but "merely performed a ministerial task at the direction of the ALJ."