N.J. Admin. Code § 19:12-6.7

Current through Register Vol. 56, No. 17, September 3, 2024

Section 19:12-6.7 - Powers and duties of disciplinary arbitrator

(a) The arbitrator may administer oaths and require the attendance of witnesses and the production of such documents as the arbitrator may deem material to a just determination of the appeal, and for such purpose may issue subpoenas. If any person refuses to obey a subpoena, or refuses to be sworn or to testify, or if any witness, party or attorney is guilty of contempt while in attendance of any hearing, the arbitrator may, or the Attorney General if requested shall, invoke the aid of the Superior Court within the county in which the hearing is being held, and that court shall issue an appropriate order. A failure to obey the order may be punished by the court as contempt.

(b) The arbitrator shall have the power to resolve any discovery issues. In all cases and no later than 10 days prior to the date of the hearing:

1. The employing agency or department shall provide the law enforcement officer or firefighter with a copy of the contents of his or her personnel file;

2. Both parties shall provide to one another copies of all documents that the parties plan to introduce into evidence at the hearing; and

3. Both parties shall provide to one another a list of the witnesses the parties plan to have testify at the hearing.

(c) The arbitrator shall communicate with the parties to arrange for a mutually satisfactory date, time and place for a hearing, which shall be conducted within 60 days after the arbitrator is appointed. In the absence of an agreement, the arbitrator shall have the authority to set the date, time and place for a hearing. The arbitrator shall send a notice containing arrangements for a hearing within a reasonable time period before hearing.

(d) Hearings shall be de novo proceedings and shall not be limited to review of any prior proceedings or hearings held in order to impose discipline in accordance with 40A:14-19, pertaining to firefighters, and 40A:14-147, pertaining to law enforcement personnel.

(e) Pre-hearing motions shall not be filed unless permitted by the arbitrator. All motions made during the hearing may be made orally to the arbitrator, unless the arbitrator requests that the motion be in writing. The arbitrator may issue an oral or written ruling on a motion or may issue a written ruling as part of the arbitrator's decision on the appeal.

(f) Except for extraordinary circumstances establishing good cause, no adjournments shall be granted. Any adjournments shall be for a total of no more than 14 days.

N.J. Admin. Code § 19:12-6.7

Recodified from 19:12-6.6 by 53 N.J.R. 1167(a), effective 7/6/2021