New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Subchapter 14 - CONDUCT OF CASES › Section 1:1-14.6 - Judge's powers in presiding over prehearing activities, conducting hearings, developing records and rendering initial decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The judge
				may schedule any form of hearing or proceeding and establish appropriate
				location areas and instruct the Clerk to issue all appropriate
				notices.
(b) When required in
				individual cases, the judge may supersede any notice issued by the Clerk by
				informing the parties and the Clerk of this action.
(c) Depending on the needs of the case, the
				judge may schedule additional hearing dates, declare scheduled hearing dates
				unnecessary, or schedule any number of in-person conferences or telephone
				conferences.
(d) When required in
				individual cases, the judge at any time of the proceeding may convert any form
				of proceeding into another, whether more or less formal or whether in-person or
				by telephone.
(e) The judge may
				bifurcate hearings whenever there are multiple parties, issues or claims, and
				the nature of the case is such that a hearing of all issues in one proceeding
				may be complex and confusing, or whenever a substantial saving of time would
				result from conducting separate hearings or whenever bifurcation might
				eliminate the need for further hearings.
(f) The judge may establish special
				accelerated or decelerated schedules to meet the special needs of the parties
				or the particular case.
(g) The
				judge may administer any oaths or affirmations required or may direct a
				certified court reporter to perform this function.
(h) The judge may render any ruling or order
				necessary to decide any matter presented to him or her which is within the
				jurisdiction of the transmitting agency or the agency conducting the
				hearing.
(i) The judge shall
				control the presentation of the evidence and the development of the record and
				shall determine admissibility of all evidence produced. The judge may permit
				narrative testimony whenever appropriate.
(j) The judge may utilize his or her sanction
				powers to ensure the proper conduct of the parties and their representatives
				appearing in the matter.
(k) The
				judge may limit the presentation of oral or documentary evidence, the
				submission of rebuttal evidence and the conduct of cross-examination.
(l) The judge may determine that the party
				with the burden of proof shall not begin the presentation of evidence and may
				require another party to proceed first.
(m) The judge may make such rulings as are
				necessary to prevent argumentative, repetitive or irrelevant questioning and to
				expedite the cross-examination to an extent consistent with disclosure of all
				relevant testimony and information.
(n) The judge may compel production of
				relevant materials, files, records and documents and may issue subpoenas to
				compel the appearance of any witness when he or she believes that the witness
				or produced materials may assist in a full and true disclosure of the
				facts.
(o) The judge may require
				any party at any time to clarify confusion or gaps in the proofs. The judge may
				question any witness to further develop the record.
(p) The judge may take such other actions as
				are necessary for the proper, expeditious and fair conduct of the hearing or
				other proceeding, development of the record and rendering of a
				decision.