N.J. Admin. Code § 19:25-16.46

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

Section 19:25-16.46 - Conduct of the hearing

(a) The complainant and the respondent candidate shall appear at the hearing. Other interested persons may appear as permitted by N.J.A.C. 1:1-16 and may be represented as permitted by N.J.A.C. 1:1-5.

(b) The hearing shall be governed by the New Jersey Uniform Administrative Procedure Rules, (N.J.A.C. 1:1).

(c) The complainant shall have the burden of proving non-participation by a preponderance of the credible evidence, and the respondent candidate charged with the failure to participate in a debate shall have the burden of proving justification or excuse by a preponderance of the credible evidence.

(d) At the request of the complainant or respondent candidate, subpoenas shall be issued to compel the attendance of witnesses to testify at the hearing held to determine a candidate's failure to participate in a debate.

(e) The Commission may refer the matter for hearing to the Office of Administrative Law as a contested case pursuant to the provisions of the New Jersey Uniform Administrative Procedure Rules, (N.J.A.C. 1:1).

(f) The Commission shall have the authority to assess the costs associated with a hearing held pursuant to this section against any complainant, respondent or interested person permitted to appear.

N.J. Admin. Code § 19:25-16.46

Emergency New Rule, R.1989 d.181, effective 3/6/1989 (expires May 5, 1989).
See: 21 New Jersey Register 788(b).
Adopted concurrent proposal, R.1989 d.263, effective 4/24/1989.
See: 21 New Jersey Register 788(b), 21 New Jersey Register 1380(a).
Provisions of emergency new rule R.1989 d.181 readopted without change.