N.J. Admin. Code § 3:1-9.12

Current through Register Vol. 56, No. 23, December 2, 2024

Section 3:1-9.12 - Investigatory hearing procedure

(a) Any party, through counsel, shall have the right to call, examine and cross-examine witnesses, and to introduce into the record documentary or other relevant evidence.

(b) The parties shall not be bound by rules of evidence, whether statutory, common law or adopted by the rules of court. All relevant evidence is admissible. The presiding officer may, in his or her discretion, exclude any evidence or offer of proof if he or she finds that its probative value is substantially outweighed by the risk that its admission will either necessitate undue consumption of time or create substantial danger of undue prejudice or confusion. The presiding officer shall give effect to the rules of privilege recognized by law. Every party, through counsel, shall have a right to present his cause by oral and documentary evidence and to submit rebuttal evidence. Every party, through counsel, and the presiding officer shall have the right to examine and cross-examine as may be required for a full and true disclosure of the facts.

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. 3:1-9.14.
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.