N.J. Admin. Code § 13:69B-2.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:69B-2.7 - Contested case hearings

(a) The Director or hearing examiner appointed by the Director shall identify all legal issues unresolved through the settlement conference.

(b) All requests to reschedule a contested case hearing in a case scheduled before the Director or a hearing examiner shall be directed to the Division's Contested Case Intake Unit.

(c) If an applicant fails to appear for a contested case, the applicant's request for hearing may be deemed withdrawn and the Division may take final action, including, without limitation:

1. Denial of any pending initial or resubmission application;

2. Revocation of a license or registration;

3. Prohibition of direct or indirect business with casino licensees or applicants;

4. Imposition of a monetary penalty;

5. Placement on the exclusion list;

6. Order forfeiture of any winnings or things of value obtained by a prohibited person and seized pursuant to N.J.A.C. 13:69G-3.2; or

7. Other relief that is consistent with the policies of the Act and in the public interest.

(d) The Director or a hearing examiner appointed by the Director or an administrative law judge shall have the power and authority to order any person to answer a question or questions or produce evidence of any kind and confer immunity as provided in N.J.S.A. 5:12-107g, in any contested case hearing.

(e) If the applicant or respondent chooses not to testify on his or her own behalf, the Division shall have the right to call the applicant or respondent to testify, and he or she may be questioned as if under cross-examination.

(f) The parties shall complete discovery and supply all discovery materials to be used at the hearing no later than 14 calendar days before the first scheduled date for a hearing. If a party fails to supply complete discovery 14 calendar days before the first scheduled hearing date, the Director or hearing examiner may bar the use at the hearing of any material not provided in a timely manner, including, without limitation:

1. Expert or other testimony;

2. Any documentation; or

3. Any other evidence of any kind.

N.J. Admin. Code § 13:69B-2.7

Amended by R.2013 d.020, effective 2/19/2013.
See: 44 N.J.R. 2041(a), 45 N.J.R. 335(b).
Added (f).