N.J. Admin. Code § 13:4-4.5

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

Section 13:4-4.5 - Depositions by Division and parties

(a) On written motion of any party prior to transmittal of a case to the OAL, the Director may order that the testimony of any witness residing within or without the State be taken by deposition in the manner prescribed by law for depositions in the New Jersey Court Rules. Such motion may be granted only if it sets forth:

1. The name and address of the witness to be deposed;

2. A showing of the materiality of that witness's testimony; and

3. A showing that the witness will be unable to attend, or cannot be compelled to attend, any future proceeding. Said motion shall request an order requiring the witness to appear and testify before an officer, representative or agent of the Division.

(b) In their discretion, the Director may allow the taking of a deposition to be contingent upon the payment of all costs associated therewith by the moving party.

(c) No depositions shall be taken by parties for any reasons or by any manner other than that contained in (a) above, except in exceptional circumstances, prior to transmittal of a case to OAL.

(d) The Division may take depositions of witnesses as part of any investigation when, in the discretion of the Director, such depositions will aid the investigatory process.

N.J. Admin. Code § 13:4-4.5

Amended by R.2011 d.073, effective 2/22/2011.
See: 42 N.J.R. 2571(a), 43 N.J.R. 436(a).
In (a)3, substituted "any future proceeding" for "the hearing" and deleted a comma following "representative".

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