N.J. Admin. Code § 13:1-2.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:1-2.7 - Authority of the hearing officer

(a) The hearing officer shall be required to annually complete confidentiality, ethics, and other training as required by the Attorney General's Office or the Commission, as well as abide by the conflict of interest rules pursuant to N.J.A.C. 13:1-2.4(c), as required of the members of the Commission. The hearing officer shall recuse or decline an assignment if the hearing officer has a conflict of interest, or perceived conflict of interest, or bias relating to the matter.

(b) A hearing officer assigned to conduct a hearing in a matter seeking an adverse licensure action shall have the following authorities:

1. To call witnesses;

2. To administer oaths and affirmations;

3. To take testimony and establish a record;

4. To require the production of any books or papers relating to the matter;

5. To rule on the admissibility of evidence;

6. To receive documentary evidence and may in the exercise of discretion exclude evidence if 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;

7. To keep the hearing within reasonable limits by refusing to permit the collection and presentation of evidence that is not necessary for an adequate understanding of the matter and by exercising discretion to limit lines of questioning or testimony that are repetitive, cumulative, or irrelevant;

8. To regulate the course of the hearing and prevent the harassment and abuse of witnesses, and, if appropriate, exclude persons or counsel from the hearing for contemptuous conduct and strike all related testimony of a witness refusing to answer any proper question;

9. To hold conferences with both parties present for settling or simplifying the issues;

10. To dispose of procedural requests, motions, or similar matters that shall be made part of the record of the proceeding, including motions referred to the hearing officer by the Licensing Committee, to recommend dismissal of cases in whole or in part, and to order hearings reopened;

11. To require the parties to submit post-hearing submissions; and

12. To issue a written report providing findings of fact and making recommendations to the Licensing Committee and the Commission, serving a copy on the parties.

(c) If the hearing officer becomes unavailable during the hearing process or after the hearing has been conducted and before a report and recommendation have been issued, the Licensing Committee may refer the case to itself or may designate an alternate hearing officer to issue a written report and recommendation.

N.J. Admin. Code § 13:1-2.7

Adopted by 55 N.J.R. 1932(b), effective 9/5/2023