N.J. Admin. Code § 13:75-7.2

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:75-7.2 - Conduct of hearings

(a) When a hearing is ordered, the claimant, his or her attorney, and all material and necessary parties, shall be notified in writing, of the time, place, and purpose of any such hearing, not less than 15 days before the date of hearing.

(b) Hearings shall be held at a time and place designated by the Review Board. The entire Review Board, or any member thereof, may conduct the hearing.

(c) The victim/claimant has the right to be present at the hearing, but may be excused at his or her request. The victim/claimant has the right to appear at the hearing virtually.

(d) The victim/claimant shall be allowed to present testimony or cross-examine witnesses personally or by counsel.

(e) Any person having a substantial interest in a proceeding may appear, produce evidence, and cross-examine witnesses personally or by counsel.

(f) All hearings shall be conducted in an orderly manner so as to ascertain the rights of all parties.

(g) All witnesses shall testify under oath and a record of the proceedings shall be made. Any Review Board member may administer oaths and/or affirmations and may question the claimant and witnesses.

(h) The parties or their representatives shall be allowed a reasonable time for presentation of oral argument or for the filing of briefs or other statements as to the facts and questions of law.

(i) The victim/claimant shall have the burden of proof, which shall be established by a preponderance of the credible evidence.

(j) The Review Board shall not be bound by common law or statutory rules of evidence or by any technical or formal rules of procedure other than as provided for in this chapter. Any statement, document, or information necessary to afford the parties a fair hearing may be received as evidence, including hospital records or reports and physician's reports as proof of the injuries sustained, without requiring the presence of the attending physician at the hearing.

(k) The Review Board may require a medical examination of the victim/claimant by a physician selected from a panel of impartial medical experts. The victim/claimant shall present him- or herself to the physician selected at the time and place designated. A written report of such examination shall be filed with the Review Board by the examining physician and a copy mailed by the Review Board to the victim/claimant or attorney. The examination fee shall be paid by the Office.

(l) Hearings shall be open to the public, except that the Review Board may, in its discretion, hold private hearings in accordance with applicable legal requirements in the following circumstances:

1. Where prosecution against the alleged perpetrator of the crime is pending and/or the Board determines that there is a continuing or ongoing investigation of the crime;

2. In an alleged sexual offense where the welfare and interest of the victim or dependents may be adversely affected;

3. In the interest of public morality;

4. Where prosecution has resulted in an acquittal or a dismissal on technical grounds;

5. Where the Review Board determines that, in the event of a public hearing, one or more of the parties will be subjected to public ridicule or personal mental anguish or embarrassment; and

6. In any instance where the Review Board determines, based on the totality of the circumstances, it is in the best interests of the victim/claimant that the hearing not be open to the public; this determination shall take into account the safety of the victim.

(m) Upon application of the victim/claimant or attorney, submitted in affidavit or motion form, a case may be reopened for further investigation, and, if the Review Board finds it necessary, for further testimony. In determining whether to reopen a case, the Review Board will consider the following factors, whether:

1. The information submitted in support of the request to reopen was available at the time of the original appeal; and

2. The victim/claimant should reasonably have been aware of this information at the time of the original appeal.

(n) Approval of a motion to reopen proceedings shall not be deemed a matter of right but rather a matter within the Review Board's discretion. The Review Board may, on its own motion, reopen or reinvestigate cases at any times it deems necessary.

N.J. Admin. Code § 13:75-7.2

Amended by 53 N.J.R. 1852(c), effective 11/1/2021