N.J. Admin. Code § 1:19-14.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 1:19-14.1 - Rules concerning all contested cases

(a) In addition to any authority granted in the Uniform Administrative Procedure Rules (UAPR), N.J.A.C. 1:1, the judge shall have the authority to:

1. Administer oaths and to require testimony under oath, pursuant to N.J.S.A. 5:12-107.a(3);

2. Serve process either personally or by certified mail and serve notices by certified mail, pursuant to N.J.S.A. 5:12-108;

3. Issue subpoenas and compel the attendance of witnesses at any place within this State, pursuant to N.J.S.A. 5:12-107.f and 5:12-108.f;

4. Take official notice of any generally accepted information or technical or scientific matter in the field of gaming and of other fact which may be judicially noticed by the courts of this State, pursuant to N.J.S.A. 5:12-107(b); and

5. Permit the filing of amended or supplemental pleadings, pursuant to N.J.S.A. 5:12-107(b).

(b) In addition to any rights granted in the UAPR, the parties shall have the right to:

1. Call and examine witnesses, pursuant to N.J.S.A. 5:12-107(a)4;

2. Introduce exhibits relevant to the issues of the case, including the transcript of the testimony at any investigative hearing conducted by or on behalf of the Casino Control Commission (Commission), pursuant to N.J.S.A. 5:12-107(a)4;

3. Cross-examine opposing witnesses in any matters relevant to the issue of the case, pursuant to N.J.S.A. 5:12-107(a)4;

4. Impeach any witness, regardless of which party called him to testify pursuant to N.J.S.A. 5:12-107(a)4;

5. Offer rebuttal evidence, pursuant to N.J.S.A. 5:12-107(a)4; and

6. Stipulate and agree that certain specified evidence may be admitted although such evidence may be otherwise subject to objection, pursuant to N.J.S.A. 5:12-107(a)(7).

(c) In any contested case, the Commission shall have the authority to:

1. Grant testimonial immunity, pursuant to N.J.S.A. 52:12-107.g; and

2. Certify contempt for punishment by the Superior Court, pursuant to N.J.S.A. 5:12-107(c).

N.J. Admin. Code § 1:19-14.1

Amended by 47 N.J.R. 2263(a), effective 9/8/2015

Administrative Change, 48 N.J.R. 2431(a)