N.J. Admin. Code § 13:91-3.5

Current through Register Vol. 56, No. 23, December 2, 2024

Section 13:91-3.5 - Scheduling transfer hearings

(a) Transfer hearings shall be convened at such times as are appropriate to carry out the work of the hearing officer.

(b) The juvenile shall be entitled to a hearing within six days of being served with Form 101, including weekends and legal holidays, unless the hearing is prevented by exceptional circumstances, unavoidable delays, or reasonable postponements. Should the sixth day fall on a Saturday, Sunday, or legal holiday, the last day for the hearing shall be the weekday immediately following the weekend or legal holiday.

(c) Requests for reasonable and necessary adjournments for an adequate presentation of the evidence shall be granted if the request is communicated to the office of the Superintendent at any time prior to the hearing time scheduled under (a) above by either the juvenile or the juvenile's representative.

(d) A request for a postponement made by a juvenile may be directed to any facility staff member, who shall immediately forward the request to the Office of the Superintendent. A request for a postponement made by the juveniles representative shall be submitted by fax or by email.

(e) No delays in hearing a proposed transfer shall be permitted for the purpose of punishment or discipline.

N.J. Admin. Code § 13:91-3.5

Adopted by 46 N.J.R. 1896(b), effective 9/2/2014.

Amended by 47 N.J.R. 3055(a), effective 12/7/2015