N.J. Admin. Code § 1:4A-10.1

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

Section 1:4A-10.1 - Discovery

(a) Except for major discipline termination cases, discovery shall be provided pursuant to this section. Discovery in termination cases shall be pursuant to N.J.A.C. 1:1-10.

(b) The employee shall be permitted to review the appointing authority's entire file or files on the matter. Copies of any document in the file or files shall be provided to the employee upon request and for a reasonable copying charge. See N.J.S.A. 47:1A-5. The appointing authority may refuse to disclose any document subject to a bona fide claim of privilege.

(c) Each party shall provide each other party copies of any documents and a list with names, addresses, and telephone numbers of any witnesses, including experts, which the party intends to introduce at the hearing. A summary of the testimony expected to be provided by each witness shall be included. These items shall be exchanged at least 10 days prior to the hearing, unless the judge determines that the information could not reasonably have been disclosed within that time.

(d) Any discovery other than that permitted in (a) and (b) above shall be by motion to the judge and for good cause shown.

(e) The hearing date shall not be adjourned to permit discovery.

N.J. Admin. Code § 1:4A-10.1

Adopted by 49 N.J.R. 1847(a), effective 7/3/2017