N.J. Admin. Code § 1:1-14.7

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

Section 1:1-14.7 - Conduct of hearings

(a) The judge shall commence hearings by stating the case title and the docket number, asking the representatives or parties present to state their names for the record and describing briefly the matter in dispute. The judge shall also, unless all parties are represented by counsel or otherwise familiar with the procedures, state the procedural rules for the hearing. The judge may also permit any stipulations, settlement agreements or consent orders entered into by any of the parties prior to the hearing to be entered into the record at this time.

(b) The party with the burden of proof may make an opening statement. All other parties may make statements in a sequence determined by the judge.

(c) After opening statements, the party with the burden of proof shall begin the presentation of evidence unless the judge has determined otherwise. The other parties may present their evidence in a sequence determined by the judge.

(d) Cross-examination of witnesses shall be conducted in a sequence and in a manner determined by the judge to expedite the hearing while ensuring a fair hearing.

(e) When all parties and witnesses have been heard, opportunity shall be offered to present oral final argument, in a sequence determined by the judge.

(f) Unless permitted or requested by the judge, there shall be no proposed findings of fact, conclusions of law, briefs, forms of order or other dispositions permitted after the final argument. Whenever possible, proposed findings or other submissions should be offered at the hearing in lieu of or in conjunction with the final argument.

1. When proposed findings or other submissions are permitted or requested by the judge, the parties shall conform to a schedule that may not exceed 30 days after the last day of testimony or the final argument or as otherwise directed by the judge.

2. When the judge permits proposed findings or other submissions to be prepared with the aid of a transcript, the transcript must be ordered immediately. The submission time frame shall commence upon receipt of the transcript.

3. Any proposed findings of fact submitted by a party shall not be considered unless they are based on facts proved in the hearing.

4. Any reference in briefs or other such submissions to initial and final decisions shall include sufficient information to enable the judge to locate the initial decision. This shall include either the Office of Administrative Law docket number, or a reference to New Jersey Administrative Reports or another published and indexed compilation or to the Rutgers Camden Law School website at http://lawlibrary.rutgers.edu/oal. A copy of any cited decision shall be supplied if it is not located in any published compilation or on the foregoing website.

(g) A telephone hearing is begun by the judge placing a conference call on a designated date and time to the parties in the case. In all other respects, the procedures applicable to hearings shall apply.

N.J. Admin. Code § 1:1-14.7

Amended by R.1991 d.44, effective 2/4/1991.
See: 22 N.J.R. 3278(b), 23 N.J.R. 293(a).
In (h): deleted text ", or when the last such item has been received by the judge, whichever is earlier," describing filing of submissions.
Amended by R.2007 d.393, effective 12/17/2007.
See: 39 N.J.R. 2393(a), 39 N.J.R. 5201(a).
Section was "Conduct of conference hearings, plenary hearings and telephone hearings". In (a), deleted "conference and plenary" preceding "hearings"; in (b), substituted "The" for "In conference and plenary hearings, the"; in (c), deleted "in conference and plenary hearings" following "statements"; in (d), deleted "in conference and plenary hearings" following "witnesses"; in (e), deleted "in conference and plenary hearings" following "heard"; in the introductory paragraph of (f), deleted "in plenary hearings" following "after the final argument"; in (f)1, inserted "or as otherwise directed by the judge"; in (f)2, deleted "30-day" preceding "submission"; rewrote (f)4 and (g); and deleted (h) and (i).