N.J. Admin. Code § 10A:71-1.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:71-1.2 - Board meetings

(a) Formal Board meetings shall be any meetings where Board policy, rules, and regulations are determined.

1. Except as provided in this section, the Chairperson shall give at least one week's notice of a formal Board meeting to members of the Board, the Governor, and the Commissioner.

2. Formal Board meetings shall be open only to the Governor and the Governor's representatives, the Commissioner and the Commissioner's representatives, representatives of recognized victim groups, and to such other persons as authorized by the Board.

(b) Regular Board meetings shall be any meetings where executive clemency cases are reviewed and where individual cases are decided upon appeal or referral from a Board panel.

1. Except as provided in this chapter, the Chairperson shall give at least 72 hours notice of a regular Board meeting to the members of the Board.

2. Regular Board meetings shall be open only to such persons as authorized by the Board.

(c) The Board shall hold a public meeting at least annually for the purpose of soliciting input from members of the public and the criminal justice system on the operations, policies, and procedures of the Board.

(d) Except as provided herein, the Chairperson, after consulting with the Board, shall establish the schedule of formal and regular Board meetings.

(e) When a majority of the Board members determine that an emergency exists which requires Board action, the Chairperson shall schedule a Board meeting notwithstanding lack of compliance with the notice provisions provided herein, and shall immediately give notice in accordance with (a)1 or (b)1 above.

(f) The Chairperson, after consulting with the Board, shall establish the agenda for all formal and regular Board meetings; provided, however, that at each meeting any Board member may raise new business. Such agenda shall be provided to Board members and other appropriate parties reasonably prior to the Board meeting.

(g) Formal and regular Board meetings shall be held in the Board's central offices in Trenton unless otherwise directed by the Chairperson, after consulting with the Board.

(h) Except as provided in 10A:71-1.5, a majority of the Board members shall constitute a quorum of the Board.

(i) All policies and determinations of the Board shall be made by a majority vote of the Board members, subject to the provisions of 10A:71-1.4 and 1.5.

(j) No Board member shall participate in any vote without being present for the deliberation on the subject matter. If no majority decision is reached, no Board action shall result.

1. If such a circumstance occurs on an individual case, any previous decision by a Board panel shall stand, or if no decision by a Board panel has been made, then any previous decision by a Board member or hearing officer shall stand.

2. If such a circumstance occurs on an individual parole release or parole revocation case, and no previous decision was made by the Board panel, Board member or hearing officer, the case shall be resolved in the manner most favorable to the inmate or parolee.

N.J. Admin. Code § 10A:71-1.2

Amended by R.1985 d.213, effective 5/6/1985.
See: 16 New Jersey Register 3391(a), 17 New Jersey Register 1096(a).
(j) Substantially amended.
Amended by R.1990 d.141, effective 3/5/1990.
See: 21 New Jersey Register 3411(c), 22 New Jersey Register 825(a).
At (h), changed from four to five Board members.
Amended by R.1995 d.109, effective 2/21/1995.
See: 26 New Jersey Register 4150(a), 27 New Jersey Register 686(b).
Amended by R.1997 d.168, effective 4/7/1997.
See: 28 New Jersey Register 3870(a), 29 New Jersey Register 1318(a).
In (a)1, inserted reference to Commission; in (a)2, inserted reference to Commission's representatives.
Amended by R.2001 d.271, effective 8/6/2001.
See: 33 New Jersey Register 1044(a), 33 New Jersey Register 2672(a).
In (e), substituted "a majority of the" for "at least five"; in (h), substituted "a majority of the" for "five".
Amended by R.2005 d.127, effective 4/18/2005.
See: 36 New Jersey Register 4407(a), 37 New Jersey Register 1191(b).
In (h), amended the N.J.A.C. reference.

Amended by 53 N.J.R. 1383(b), effective 8/16/2021