N.J. Admin. Code § 3:1-9.11

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

Section 3:1-9.11 - Presiding officer's powers

(a) It shall be the duty of the presiding officer to inquire fully into the facts as they relate to the matter before him or her. With respect to cases assigned to him or her, the presiding officer shall have the authority, subject to the provisions of this subchapter and the Act, to:

1. Administer oaths and affirmations;

2. Grant applications for subpoenas;

3. Rule upon offers of proof and receive relevant evidence;

4. Take or cause depositions to be taken whenever the ends of justice would be served thereby;

5. Limit lines of questioning or testimony which are repetitive, cumulative or irrelevant;

6. Regulate the course of the investigatory hearing, and, if appropriate or necessary, exclude persons or counsel from the hearings for contemptuous conduct and strike all related testimony of witnesses refusing to answer any proper question;

7. Preside over conferences for the settlement or simplification of the issues by consent of the parties;

8. Dispose of procedural requests, motions or similar matters which shall be made part of the record of the proceeding;

9. Call, examine and cross-examine witnesses and to introduce into the record documentary or other evidence;

10. Request the parties at any time during the investigatory hearing to state their respective positions concerning any issue in the case or theory in support thereof; and

11. Take any other action necessary to effectuate the purposes of the Act or to provide for a full and fair investigatory hearing.

N.J. Admin. Code § 3:1-9.11

As amended, R.1983 d.85, eff. 3/21/1983.
See: 15 New Jersey Register 4(a), 15 New Jersey Register 439(b).
Recodified from N.J.A.C. 3:1-9.13.
Amended by R.1991 d.48, effective 2/4/1991.
See: 22 New Jersey Register 3425(a), 23 New Jersey Register 294(b).
Language changed to make clear that the first level of hearing is investigatory.