N.J. Admin. Code § 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.
Notes
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
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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