N.J. Admin. Code § 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.
Notes
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
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.
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