N.J. Admin. Code § 13:4-4.4

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

Section 13:4-4.4 - Subpoenas

(a) The Director may issue such subpoenas as they deem necessary to aid the investigatory process. The Director shall issue subpoenas in the name of the Division, and the subpoenas shall direct the person designated to attend personally and, if necessary, to attend with any books, records, documents, electronic records, and any other evidence that relates to any matter under investigation.

(b) A subpoena shall state the time and place where the person designated is directed to attend.

(c) A subpoena may be issued by the Director upon the application of any party if that party can demonstrate to the Director that the subpoena is reasonable, and that the matters sought therein are relevant and material to the investigation.

(d) Where a respondent is represented by an attorney who has filed a notice of appearance, the Director may issue a notice in lieu of subpoena requiring the respondent to produce documents or to produce its employees to attend any investigatory proceeding. Said notice in lieu of subpoena shall be served upon the respondent's attorney in the manner set forth at (f) below.

(e) Following transmittal of a case to OAL for hearing, the procedures set forth at N.J.A.C. 1:1, shall govern the issuance of subpoenas.

(f) The subpoena shall be served either electronically when the respondent or party to be served has consented to electronic service, or by personal service by any person 18 or more years of age by delivery of a copy of the subpoena to the person named in the subpoena, by overnight delivery by commercial courier, or by registered or certified mail, return receipt requested.

N.J. Admin. Code § 13:4-4.4

Amended by R.2011 d.073, effective 2/22/2011.
See: 42 N.J.R. 2571(a), 43 N.J.R. 436(a).
In (d), deleted "is a corporation and" following the first occurrence of "respondent" and "and (g)" following "(f)"; and deleted (g).

Amended by 52 N.J.R. 2109(a), effective 12/7/2020