NJAC 1:1-15.7 Exhibits

1:1-15.7 Exhibits (a) The verbatim record of the proceedings shall include references to all exhibits and, as to each, the offering party, a brief description of the exhibit stated by the offering party or the judge, and the marking directed by the judge. The verbatim record shall also include a record of the exhibits retained by the judge at the end of the proceedings and of the disposition then made of the other exhibits. (b) Parties shall provide each party to the case with a copy of any exhibit offered into evidence. Large exhibits that cannot be placed within the judges file may be either photographed, attached to the file, or described in the record and committed to the safekeeping of a party. All other admitted exhibits shall be retained in the judges file until certified to the agency head pursuant to N.J.A.C. 1:1-18.1. (c) The standard marking for exhibits shall be: 1. P = petitioner; 2. R = respondent; 3. A = appellant; 4. J = joint; 5. C = judge; 6. I = intervenor; or 7. Such other additional markings required for clarity as the judge may direct.

NJAC 1:1-15.6 Authentication and content of writings

1:1-15.6 Authentication and content of writings Any writing offered into evidence which has been disclosed to each other party at least 10 days prior to the hearing shall be presumed authentic. At the hearing any party may raise questions of authenticity. Where a genuine question of authenticity is raised the judge may require some authentication of the questioned document. For these purposes the judge may accept a submission of proof, in the form of an affidavit, certified document or other similar proof, no later than 10 days after the date of the hearing.

NJAC 1:1-15.5 Hearsay evidence; residuum rule

1:1-15.5 Hearsay evidence; residuum rule (a) Subject to the judges discretion to exclude evidence under N.J.A.C. 1:1-15.1(c) or a valid claim of privilege, hearsay evidence shall be admissible in the trial of contested cases. Hearsay evidence which is admitted shall be accorded whatever weight the judge deems appropriate taking into account the nature, character and scope of the evidence, the circumstances of its creation and production, and, generally, its reliability. (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.

NJAC 1:1-15.2 Official notice

1:1-15.2 Official notice (a) Official notice may be taken of judicially noticeable facts as explained in N.J.R.E. 201 of the New Jersey Rules of Evidence. (b) Official notice may be taken of generally recognized technical or scientific facts within the specialized knowledge of the agency or the judge. (c) Parties must be notified of any material of which the judge intends to take official notice, including preliminary reports, staff memoranda or other noticeable data. The judge shall disclose the basis for taking official notice and give the parties a reasonable opportunity to contest the material so noticed.

NJAC 1:1-15.12 Prior transcribed testimony

1:1-15.12 Prior transcribed testimony (a) If there was a previous hearing in the same or a related matter which was electronically or stenographically recorded, a party may, unless the judge determines that it is necessary to evaluate credibility, offer the transcript of a witness in lieu of producing the witness at the hearing provided that the witness testimony was taken under oath, all parties were present at the proceeding and were afforded a full opportunity to cross-examine the witness. (b) A party who intends to offer a witness transcribed testimony at the hearing must give all other parties and the judge at least 10 days notice prior to the commencement of the hearing of that intention and provide each with a copy of the transcript being offered. (c) Opposing parties may subpoena the witness to appear personally. Any party may produce additional witnesses and other relevant evidence at the hearing. (d) Provided the requirements in (a) above are satisfied, the entire controversy may be presented solely upon such transcribed testimony if all parties agree and the judge approves. (e) Prior transcribed testimony that would be admissible as an exception to the hearsay rule under Evidence Rule 63(3) is not subject to the requirements of this section.

NJAC 1:1-15.11 Stipulations

1:1-15.11 Stipulations The parties may by stipulation agree upon the facts or any portion thereof involved in any controversy. Such a stipulation shall be regarded as evidence and shall preclude the parties from thereafter challenging the facts agreed upon.

NJAC 1:1-15.10 Offers of settlement inadmissible 1:1-15.10 Offers of settlement inadmissible Offers of settlement, proposals of adjustment and proposed stipulations shall not constitute an admission and shall not be admissible.

NJAC 1:1-15.1 General rules Evidence

1:1-15.1 General rules Evidence (a) Only evidence which is admitted by the judge and included in the record shall be considered. (b) Evidence rulings shall be made to promote fundamental principles of fairness and justice and to aid in the ascertainment of truth. (c) Parties in contested cases shall not be bound by statutory or common law rules of evidence or any formally adopted in the New Jersey Rules of Evidence except as specifically provided in these rules. All relevant evidence is admissible except as otherwise provided herein. A judge may, in his or her discretion, exclude any evidence if its probative value is substantially outweighed by the risk that its admission will either: 1. Necessitate undue consumption of time; or 2. Create substantial danger of undue prejudice or confusion. (d) If the judge finds at the hearing that there is no bona fide dispute between the parties as to any unstipulated material fact, such fact may be proved by any relevant evidence, and exclusionary rules shall not apply, except for (c) above or a valid claim of privilege. (e) When the rules in this subchapter state that the qualification of a person to be a witness, or the admissibility of evidence, or the existence of a privilege is subject to a condition, and the fulfillment of the condition is in issue, the judge shall hold a preliminary inquiry to determine the issue. The judge shall indicate which party has the burden of producing evidence and the burden of proof on such issue as implied by the rule under which the question arises. No evidence may be excluded in determining such issue except pursuant to the judges discretion under (c) above or a valid claim of privilege. This provision shall not be construed to restrict or limit the right of a party to introduce evidence subsequently which is relevant to weight or credibility.

NJAC 1:1-14.10 Interlocutory review

1:1-14.10 Interlocutory review  (a) Except for the special review procedures provided in N.J.A.C. 1:1-12.6 (emergency relief), and 1:1-12.5(e) (partial summary decision), an order or ruling may be reviewed interlocutorily by an agency head at the request of a party. (b) Any request for interlocutory review shall be made to the agency head and copies served on all parties no later than five working days from the receipt of the written order or oral ruling, whichever is rendered first. An opposing party may, within three days of receipt of the request, submit an objection to the agency head. A copy must be served on the party who requested review. Any request for interlocutory review or objection to a request shall be in writing by memorandum, letter or motion and shall include a copy of any written order or ruling or a summary of any oral order or ruling sought to be reviewed. Copies of all documents submitted shall be filed with the judge and Clerk. (c) Within 10 days of the request for interlocutory review, the agency head shall notify the parties and the Clerk whether the order or ruling will be reviewed. If the agency head does not so act within 10 days, the request for review shall be considered denied. Informal communication by telephone or in person to the parties or their representatives and to the Clerk within the 10 day period will satisfy this notice requirement, provided that a written communication or order promptly follows. (d) A party opposed to the grant of interlocutory review may, within three days of receiving notice that review was granted, submit to the agency head in writing arguments in favor of the order or ruling being reviewed. A copy shall be served on the party who requested review. (e) Where the agency head determines to conduct an interlocutory review, the agency head shall issue a decision, order or other disposition of the review at the earliest opportunity but no later than 20 days from receiving the request for review. Where the interests of justice require, the agency head shall conduct an interlocutory review on an expedited basis. Where the agency head does not issue an order within 20 days, the judges ruling shall be considered conditionally affirmed. The time period for disposition may be extended for good cause for an additional 20 days if both the agency head and the Director of the Office of Administrative Law concur. (f) Where the proceeding generating the request for interlocutory review has been sound recorded and the agency head requests the verbatim record, the Clerk shall furnish the original sound recording or a certified copy within one day of the request. The party requesting the interlocutory review shall provide the agency head with all other papers, materials, transcripts or parts of the record which pertain to the request for interlocutory review. (g) The time limits established in this section, with the exception of (e) above, may be extended by the agency head where the need for a delay is caused by honest mistake, accident, or any cause compatible with due diligence. (h) An agency heads determination to review interlocutorily an order or ruling shall not delay the scheduling or conduct of hearings, unless a postponement is necessary due to special requirements of the case, because of probable prejudice, or for other good cause. Either the presiding judge or the agency head may order a stay of the proceedings, either on their own or upon application. Applications for stays should be made in the first instance to the presiding judge. If denied, the application may be resubmitted to the agency head. Pending review by the agency head, a judge may conditionally proceed on an order or ruling in order to complete the evidential record in a case or to avoid disruption or delay in any ongoing or scheduled hearing. (i) Except as limited by (l) below and N.J.A.C. 1:1-18.4(a), any order or ruling reviewable interlocutorily is subject to review by the agency head after the judge renders the initial decision in the contested case, even if an application for interlocutory review: 1. Was not made; 2. Was made but the agency head declined to review the order or ruling; or 3. Was made and not considered by the agency head within the established time frame. (j) In the following matters as they relate to proceedings before the Office of Administrative Law, the Director is the agency head for purposes of interlocutory review: 1. Disqualification of a particular judge due to interest or any other reason which would preclude a fair and unbiased hearing, pursuant to N.J.A.C. 1:1-14.12; 2. Appearances of non-lawyer representatives, pursuant to N.J.A.C. 1:1-5.4; 3. Imposition of conditions and limitations upon non-lawyer representatives, pursuant to N.J.A.C. 1:1-5.5; 4. Sanctions under N.J.A.C. 1:1-14.4 or 14.14 and 14.15 consisting of the assessment of costs, expenses, or fines; 5. Disqualification of attorneys, pursuant to N.J.A.C. 1:1-5.3; 6. Establishment of a hearing location pursuant to N.J.A.C. 1:1-9.1(b); and 7. Appearance of attorneys pro hac vice pursuant to N.J.A.C. 1:1-5.2. (k) Any request for interlocutory review of those matters specified in (j) above should be addressed to the Director of the Office of Administrative Law with a copy to the agency head who transmitted the case to the Office of Administrative Law. Review shall proceed in accordance with (b) through (g) above. (l) Orders or rulings issued under (j)1, 2, 3, 5, 6 and 7 above may only be appealed interlocutorily; a party may not seek review of such orders or rulings after the judge renders the initial decision in the contested case. (m) A judges determination to proceed on the record or to order a new hearing pursuant to N.J.A.C. 1:1-14.13(b) and (c) may only be appealed interlocutorily; a party may not seek review of such orders or rulings after the judge renders the initial decision in the contested case.

NJAC 13:59-1.5 Rejection and Resubmission Procedures

NJAC13:59-1.5 Rejection and resubmission procedures (a) Any fingerprint card or Request for Criminal History Record Information form which is rejected will be returned with the submitted fee to the requester or national requester. The procedure as set forth at N.J.A.C. 13:59-1.4 will be utilized for resubmission with the following exception: 1. Fingerprint cards that cannot be classified will be returned to the requester or national requester. The fees which accompanied the fingerprint cards will be retained by the SBI. Upon resubmission, the rejected fingerprint card shall be stapled to the newly taken fingerprint card and both cards shall be submitted with the original rejection form to the SBI. No additional charges shall be assessed for resubmitted fingerprint cards. (b) No criminal history name search shall be conducted unless the subjects name and date of birth are submitted. Whenever a criminal history name search based upon the particular identifying information supplied produces more than one possible candidate, the SBI 212 Form shall be rejected and returned to the requester for additional identifying information, such as the subjects social security number, as authorized pursuant to the provisions of N.J.A.C. 13:59-1.4(d)2. The fee which accompanied the SBI 212 Form shall be retained by the SBI. Upon resubmission, the rejected SBI 212 Form shall be stapled to the newly executed SBI 212 Form and both forms shall be submitted with the original rejection form to the SBI. No additional charges shall be assessed for the resubmitted SBI 212 Form request.