New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 7 - HEARING PROCEDURES › Section 13:75-7.2 - Conduct of hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a hearing is ordered, the claimant,
				his or her attorney, and all material and necessary parties, shall be notified
				in writing, of the time, place, and purpose of any such hearing, not less than
				15 days before the date of hearing.
(b) Hearings shall be held at a time and
				place designated by the Review Board. The entire Review Board, or any member
				thereof, may conduct the hearing.
(c) The victim/claimant has the right to be
				present at the hearing, but may be excused at his or her request. The
				victim/claimant has the right to appear at the hearing virtually.
(d) The victim/claimant shall be allowed to
				present testimony or cross-examine witnesses personally or by
				counsel.
(e) Any person having a
				substantial interest in a proceeding may appear, produce evidence, and
				cross-examine witnesses personally or by counsel.
(f) All hearings shall be conducted in an
				orderly manner so as to ascertain the rights of all parties.
(g) All witnesses shall testify under oath
				and a record of the proceedings shall be made. Any Review Board member may
				administer oaths and/or affirmations and may question the claimant and
				witnesses.
(h) The parties or their
				representatives shall be allowed a reasonable time for presentation of oral
				argument or for the filing of briefs or other statements as to the facts and
				questions of law.
(i) The
				victim/claimant shall have the burden of proof, which shall be established by a
				preponderance of the credible evidence.
(j) The Review Board shall not be bound by
				common law or statutory rules of evidence or by any technical or formal rules
				of procedure other than as provided for in this chapter. Any statement,
				document, or information necessary to afford the parties a fair hearing may be
				received as evidence, including hospital records or reports and physician's
				reports as proof of the injuries sustained, without requiring the presence of
				the attending physician at the hearing.
(k) The Review Board may require a medical
				examination of the victim/claimant by a physician selected from a panel of
				impartial medical experts. The victim/claimant shall present him- or herself to
				the physician selected at the time and place designated. A written report of
				such examination shall be filed with the Review Board by the examining
				physician and a copy mailed by the Review Board to the victim/claimant or
				attorney. The examination fee shall be paid by the Office.
(l) Hearings shall be open to the public,
				except that the Review Board may, in its discretion, hold private hearings in
				accordance with applicable legal requirements in the following circumstances:
1. Where prosecution against the alleged
				perpetrator of the crime is pending and/or the Board determines that there is a
				continuing or ongoing investigation of the crime;
2. In an alleged sexual offense where the
				welfare and interest of the victim or dependents may be adversely
				affected;
3. In the interest of
				public morality;
4. Where
				prosecution has resulted in an acquittal or a dismissal on technical
				grounds;
5. Where the Review Board
				determines that, in the event of a public hearing, one or more of the parties
				will be subjected to public ridicule or personal mental anguish or
				embarrassment; and
6. In any
				instance where the Review Board determines, based on the totality of the
				circumstances, it is in the best interests of the victim/claimant that the
				hearing not be open to the public; this determination shall take into account
				the safety of the victim.