N.J. Admin. Code § 13:75-7.3

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

Section 13:75-7.3 - Subpoenas

(a) The Review Board shall issue subpoenas and subpoenas duces tecum, either at its own instance or upon written application of any party, made not less than 10 days prior to the hearing. The 10-day provision may be waived at the discretion of the Review Board.

(b) The victim/claimant may file an application for the issuance of a subpoena and the Board may issue the same upon a showing of necessity that the evidence sought constitutes an element of the claim. A claimant's application for subpoena shall be in writing, designating the names and addresses of witnesses, and/or a description of the documents, books, records, correspondence, papers, or any other evidence sought to be produced along with the location of those documents, books, records, correspondence, papers, or any other records necessary to the claim being heard.

(c) Where a subpoena is issued, service and witness mileage fees shall be paid by the Office. The mileage fee shall be the prevailing rate on the date of the appearance as established by the Department of the Treasury.

(d) The Review Board, at its own instance or on application in writing of the victim/claimant, shall take or cause to be taken affidavits or depositions of witnesses residing within or without the State, whenever, in its sole discretion, it deems such procedures necessary. The Review Board may set appropriate terms and conditions pertaining to the taking of affidavits or depositions. The requesting party shall bear the expense, however, where the Review Board enters an Order of Payment, the Office may consider said expense as a reasonable expense incurred for reimbursement purposes.

N.J. Admin. Code § 13:75-7.3