New Jersey § 5:12-107

§ 5:12-107.

a. The commission shall promulgate regulations for the conduct of hearings it is authorized

to conduct under subsection a. of section 63 of P.L.1977, c. 110 ( C.5:12-63 ), which regulations shall include the following: (1) Unless the commission hears the matter directly, the chairman shall refer the

matter to the Office of Administrative Law in accordance with P.L.1978, c. 67 ( C.52:14F-1 et al.); provided, however, that the chairman may, in his discretion, designate

a member of the commission, or other qualified person other than an employee of the

commission, to serve as hearing examiner in a particular matter; (2) The proceedings at the hearing shall be recorded or transcribed; (3) Oral evidence shall be taken only upon oath or affirmation; (4) Each party to a hearing shall have the right to call and examine witnesses; to

introduce exhibits relevant to the issues of the case, including the transcript of

testimony at any investigative hearing conducted by or on behalf of the commission;

to cross-examine opposing witnesses in any matters relevant to the issue of the case;

to impeach any witness, regardless of which party called him to testify; and to offer

rebuttal evidence; (5) If an applicant, licensee, registrant or person who shall be qualified pursuant

to this act is a party and if such party shall not testify in his own behalf, he may

be called and examined as if under cross-examination; (6) The hearing shall not be conducted according to rules relating to the admissibility

of evidence in courts of law. Any relevant evidence may be admitted and shall be sufficient in itself to support

a finding if it is the sort of evidence upon which responsible persons are accustomed

to rely in the conduct of serious affairs, regardless of the existence of any common

law or statutory rule which might make improper the admission of such evidence over

objection in a civil action; and (7) The parties or their counsel may, by written stipulation, agree that certain specified

evidence may be admitted, although such evidence may be otherwise subject to objection. b. The commission may take official notice of any generally accepted information or

technical or scientific matter in the field of gaming and of any other fact which

may be judicially noticed by the courts of this State. The parties shall be informed of any information, matters or facts so noticed and

shall be given a reasonable opportunity, on request, to refute such information, matters

or facts by evidence or by written or oral presentation of authorities, the manner

of such refutation to be determined by the commission. The commission may, in its discretion, before rendering its decision, permit the

filing of amended or supplemental pleadings and shall notify all parties thereof and

provide a reasonable opportunity for objections thereto. c. If any person in proceedings before the commission or the division disobeys or resists any lawful order, refuses to respond to a subpena, refuses to

take the oath or affirmation as a witness or thereafter refuses to be examined, or

is guilty of misconduct at the hearing or so near the place thereof as to obstruct

the proceeding, the person may be punished for contempt in accordance with the Rules

of Court if the commission or division certifies the facts underlying the contumacious behavior to the Superior Court. Thereafter, the courts shall have jurisdiction in the matter, and the same proceeding

shall be had, the same penalties may be imposed, and the person charged may purge

himself of the contempt in the same way as in the case of a person who has committed

contempt in the trial of a civil action before the Superior Court. d. (Deleted by amendment, P.L.2011, c. 19 ) e. The division shall promulgate rules governing the conduct of hearings and other

procedures as are necessary for it to fulfill its duties and exercise its powers consistent

with section 76 of P.L.1977, c. 110 ( C.5:12-76 ). f. The commission and division shall have the power and authority to issue subpoenas

and to compel the attendance of witnesses at any place within this State, to administer

oaths and to require testimony under oath before the commission or division in the

course of any investigation or hearing conducted under this act. The commission and division may appoint hearing examiners, to whom may be delegated

the power and authority to administer oaths, issue subpoenas, and require testimony

under oath. g. The commission and division shall have the authority to order any person to answer

a question or questions or produce evidence of any kind and confer immunity as provided

in this section. If, in the course of any investigation or hearing conducted under this act, a person

refuses to answer a question or produce evidence on the ground that he will be exposed

to criminal prosecution thereby, then in addition to any other remedies or sanctions

provided for by this act, the division or the commission with the written approval

of the Attorney General, may issue an order to answer or to produce evidence with

immunity. If, upon issuance of such an order, the person complies therewith, he shall be immune

from having such responsive answer given by him or such responsive evidence produced

by him, or evidence derived therefrom, used to expose him to criminal prosecution,

except that such person may nevertheless be prosecuted for any perjury committed in

such answer or in producing such evidence, or for contempt for failing to give an

answer or produce evidence in accordance with the order of the commission or the division;

provided, however, that no period of incarceration for contempt shall exceed 18 months

in duration pursuant to this section. Any such answer given or evidence produced shall be admissible against him upon

any criminal investigation, proceeding or trial against him for such perjury; upon

any investigation, proceeding or trial against him for such contempt; or in any manner

consonant with State and constitutional provisions. h. Any licensee, applicant for a license or a registrant who is aggrieved by a final

decision by the division shall have the right of appeal to the commission. Notwithstanding the foregoing, no decision by the division shall constitute a final

agency action for purposes of establishing jurisdiction on appeal in the New Jersey

Superior Court. i. All appeals from final decisions of the division shall be heard by the commission

in accordance with subsection b. of section 63 of P.L.1977, c. 110 ( C.5:12-63 ), which procedure may include the opportunity for the matter to be heard as a contested

case in accordance with the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). Final orders of the commission shall constitute final agency action for purposes

of establishing jurisdiction on appeal in the New Jersey Superior Court.