N.J. Admin. Code § 13:69B-2.6

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

Section 13:69B-2.6 - Transmission to the OAL or designation of a hearing examiner

(a) Upon the failure of the parties to enter into a stipulation of settlement, the matter shall be a contested case and be transmitted to the Director for further proceedings.

(b) Unless the Director hears a contested case directly, the Director may refer the matter to the OAL or designate a staff member of the Division or other qualified person other than an employee of the Division to serve as hearing examiner.

(c) A hearing examiner appointed by the Director shall be an Assistant Attorney General or a Deputy Attorney General who is not assigned to the bureau of the Division from which the contested case arises and who shall have had no prior involvement with the contested case.

(d) If a hearing examiner becomes unavailable at anytime after the commencement of a hearing but prior to the filing of the initial decision, the Director may in his or her discretion hear the matter directly, appoint another hearing examiner or transfer the contested case to the OAL. The Director or the new hearing examiner may either continue the hearing and render a decision upon the entire record or begin the hearing anew.

N.J. Admin. Code § 13:69B-2.6