N.J. Admin. Code § 13:91-3.12

Current through Register Vol. 57, No. 1, January 6, 2025

Section 13:91-3.12 - Hearing officer recommendation; standard for recommendation and written findings

(a)At the conclusion of the hearing, the hearing officer shall prepare written findings and a recommendation whether the proposed transfer should proceed.

1. A proposed transfer shall be recommended by the hearing officer only upon comprehensive and detailed findings, signed by the hearing officer and supported by clear and convincing evidence that one or more of the threshold standards set forth in N.J.A.C. 13:91-2.1(b) have been satisfied.

i. Evidence relied upon in making the recommendation shall be clearly set forth in the written findings, which findings shall be attached to and made part of the Transfer Hearing Form, Form 102.

2. When the hearing officer's recommendations and findings are based on evidence from a confidential informant, the recommendations and findings shall not disclose the identity of the confidential informant and shall contain:

i. A concise summary of the facts on which the hearing officer concluded that the informant was credible or his or her information reliable; and

ii. The informant's statement, either in writing or as reported, in language that is factual rather than a conclusion, and based on the informant's personal knowledge of the matters contained in such statement.

3. In any case in which the hearing officer's recommendations and findings are based on evidence that includes confidential information, the findings shall contain a concise summary in language that is factual rather than a conclusion.

N.J. Admin. Code § 13:91-3.12

Adopted by 46 N.J.R. 1896(b), effective 9/2/2014.

Amended by 47 N.J.R. 3055(a), effective 12/7/2015