N.J. Admin. Code § 19:14-6.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 19:14-6.3 - Duties and powers of hearing examiner

(a) The hearing examiner shall hear the facts as to whether a respondent has engaged or is engaging in an unfair practice as set forth in the complaint or amended complaint. Before the case is transferred to the Commission, the hearing examiner shall have authority, subject to these rules and the Act, to:

1. Administer oaths and affirmations;

2. Grant applications for subpoenas;

3. Rule upon motions to quash subpoenas;

4. Rule upon offers of proof and receive relevant evidence;

5. Permit and regulate discovery in accordance with regulations promulgated by the Office of Administrative Law, as applicable, and consistent with the purposes of the Act;

6. Regulate the course of the hearing, and if appropriate, exclude persons or counsel from the hearing for contemptuous conduct and strike all related testimony of a witness refusing to answer any proper question;

7. Hold conferences for settling or simplifying the issues;

8. Dispose of procedural requests, motions, or similar matters, including motions for summary judgment or to amend pleadings; also to dismiss complaints in whole or in part; to order hearings reopened; and upon motion, order proceedings consolidated or severed prior to issuance of the hearing examiner's report and recommended decision.

9. Approve a stipulation by all parties dispensing with a verbatim transcript of record of the oral testimony adduced at the hearing, and which will also include a waiver of the parties' right to file with the Commission exceptions to the findings of fact (but not to conclusions of law or recommended orders) which the hearing examiner shall make in a report and recommended decision;

10. Request the parties to state their positions concerning any issue; and

11. Take any other necessary action authorized by these rules.

N.J. Admin. Code § 19:14-6.3

Amended by R.1995 d.489, effective 9/5/1995.
See: 27 New Jersey Register 2555(a), 27 New Jersey Register 3387(a).