N.J. Admin. Code § 19:14-6.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:14-6.6 - Rules of evidence not controlling

(a) The parties shall not be bound by rules of evidence whether statutory, common law, or adopted by the Rules of Court. All relevant evidence is admissible, except as otherwise provided by this rule. The hearing examiner may in the exercise of discretion exclude any evidence if its probative value is substantially outweighed by the risk that its admission will either necessitate undue consumption of time or create substantial danger of undue prejudice or confusion. The hearing examiner shall give effect to the rules of privilege recognized by law. Notice may be taken of administratively noticeable facts and of facts within the Commission's specialized knowledge. The material noticed shall be referred to in the hearing examiner's report and recommended decision, and any party may contest the material so noticed by filing timely exceptions pursuant to N.J.A.C. 19:14-7.3 (exceptions; cross-exceptions; briefs; answering briefs).

(b) Notwithstanding the admissibility of hearsay evidence, some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide assurances of reliability and to avoid the fact or appearance of arbitrariness.

Amended by R.1995 d.489, effective 9/5/1995.
See: 27 New Jersey Register 2555(a), 27 New Jersey Register 3387(a).
Amended by R.2000 d.321, effective 8/7/2000.
See: 32 New Jersey Register 1506(a), 32 New Jersey Register 2928(a).
Rewrote section.