N.J. Admin. Code § 13:4-4.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:4-4.7 - Fact-finding conferences

(a) As part of its investigation and at the discretion of the Director, the Division may convene a fact-finding conference for the purpose of obtaining evidence, identifying the issues in dispute, ascertaining the positions of the parties, and, where appropriate, exploring the possibility of settlement. The fact-finding conference is not an adjudication of the merits of the verified complaint.

(b) The Division shall provide the parties with written notice of the time and place of the fact-finding conference. The notice shall identify the individuals requested to attend and the documents and other evidence each party is requested to provide within the specified time frame.

(c) The conference shall be conducted as follows:

1. The Division employee shall conduct and control the proceedings.

2. Upon prior notice to the Division, the parties may bring witnesses to the conference in addition to those whose attendance may be specifically requested by the Division, but the Division employee shall have discretion over which witnesses shall be heard and the order in which they are heard. The Division employee may exclude any witness or other person from the conference, except that one representative of each party or counsel shall be permitted to remain throughout. In the case of parties that are not individuals, the Division employee may limit attendance at the conference to one representative of each party and counsel.

3. The Division may request the parties to provide affidavits from witnesses who appear at the fact-finding conference.

4. A party may be accompanied at a fact-finding conference by their attorney or another representative, and by a translator, if necessary.

5. An attorney for a party who has not previously entered their appearance shall do so at the outset of the conference.

6. Because the fact-finding conference is a means of investigation and not a hearing on the merits of a case, the parties shall not be entitled to cross-examine witnesses. All questioning shall be conducted by the Division employee(s), unless at their discretion they permit questions to be asked by other persons present at the conference.

7. At the discretion of the Director, a fact-finding conference may be recorded by the Division. The recording shall become part of the Division's investigative file and discovery of the recording will be governed by N.J.A.C. 13:13.

8. During the conference, the Division employee may allow a recess to permit the parties to discuss settlement.

9. The Division will provide, and pay the costs of, appropriate auxiliary aids and services, such as qualified sign language interpreters or translators, when necessary for the Division employee to effectively communicate with a party or witness.

(d) Postponements of a fact-finding conference shall be subject to the following:

1. Parties are discouraged from requesting adjournments, and adjournments will be granted only for good cause shown. Requests for adjournments shall be submitted electronically or by mail, addressed to the regional manager. Except in extraordinary circumstances, requests for adjournments must be made upon notice to all parties at least 10 calendar days prior to the conference.

2. If a party fails to appear at a fact-finding conference without obtaining a postponement, the Division may proceed with the conference without the party.

(e) If the respondent or the complainant refuses or fails to attend a scheduled fact-finding conference, the Division may schedule an alternate conference date. The Division may subpoena any party or witness who has failed to attend the initially scheduled fact-finding conference. The Division may also subpoena any documents which either party was requested to bring, and fails to bring, to the fact-finding conference.

N.J. Admin. Code § 13:4-4.7

Amended by 52 N.J.R. 2109(a), effective 12/7/2020