N.J.A.C.  13:75-1.10  
Conduct of Hearings next 
  1. 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.  This notice shall be mailed not less than 15 days before the date of the hearing, unless waived by the claimant.  At the discretion of the Board, any issue may be considered and determined although not indicated in the notice of the hearing, if the administration of N.J.S.A. 52:4B-1 et seq. will thereby be substantially served.
  2. Hearings shall be held at a time and place designated by the Board.
  3. The claimant has the right to be present at the hearing, however, the claimant may be excused at his/her request.  Claimant shall be allowed to present testimony or cross-examine witnesses personally or by counsel.  Failure of the claimant to appear at the time of the hearing may be excused and a new hearing scheduled if the Board finds that good cause has been shown.
  4. Any person having a substantial interest in a proceeding may appear, produce evidence and cross-examine witnesses personally or by counsel.  However, said appearance must be based upon a valid application or claim petition before the Board, submitted by an eligible victim, and in full compliance with N.J.A.C.  13:75-1.8.
  5. All hearings shall be conducted in an orderly manner so as to ascertain the rights of all parties.  All witnesses shall testify under oath and a record of the proceedings shall be made.  Any member of the Board may administer oaths and/or affirmations and may question the claimant and witnesses.
  6. The parties or their representatives shall be allowed a reasonable amount of time for presentation of oral argument or for the filing of briefs or other statements as to the facts and questions of law.  The claimant shall have the burden of proof by the preponderance of the credible evidence.
  7. The 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 these rules.  Any statement, document or information necessary to afford the parties a fair hearing may be received as evidence.  The Board may also accept 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.
  8. The Board may require a medical examination of  the claimant by a physician selected from a panel of impartial medical experts. The claimant shall present him/herself to the physician selected at the time and place designated.  A written report of such examination shall be filed with the Board by the examining physician and a copy mailed to the claimant or his attorney.  The physician's fee shall be paid by the Board.
  9. Hearings shall be open to the public except that the Board, in its discretion, may hold private hearings in accordance with applicable legal requirements if the interest of the victim and/or claimant will be best served.  In the following instances, the Board may exercise its discretion:
    1. Where prosecution against the alleged perpetrator of the crime is pending and/or the Board determines that there is a continuing or on-going 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 Board determines that because of a public hearing one or more or the parties will be subjected to public ridicule or personal mental anguish or embarrassment.
  10. Upon application of the claimant or his/her attorney submitted in affidavit or motion form, a case may be reopened for further investigation, and, if the Board finds it necessary, for further testimony.  Approval of a motion to reopen proceedings shall not be deemed a matter of right but, rather a matter within the Board's discretion.  The Board may, on its own motion, reopen or reinvestigate cases at any time it deems necessary.

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