52:4B-7. Hearings
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Hearings upon applications for compensation under this act shall be conducted
in the following manner:
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Upon an application made to the board under the provisions of this act,
the board shall fix a time and place for a hearing on such application and
shall cause notice thereof to be given to the applicant;
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For the purpose of carrying out the provisions of this act, the board, or
any member thereof, may hold such hearings, sit and act at such times and
places, and take such testimony as the board or such member may deem
advisable. Any member of the board may administer oaths or affirmations to
witnesses. The board shall have full powers of subpoena and compulsion of
attendance of witnesses and production of documents, except that no subpoena
shall be issued except under the signature of a member of the board, and
application to any court for aid in enforcing such subpoena may be made in the
name of the board by any member thereof. Subpoenas shall be served by any
person designated by the board;
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In any case in which the person entitled to make an application is a
child, the application may be made on his behalf by his parent or guardian. In
any case in which the person entitled to make an application is mentally
incompetent, the application may be made on his behalf by his guardian or such
other individual authorized to administer his estate;
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Any person having a substantial interest in a proceeding may appear,
produce evidence and cross- examine witnesses in person or by his attorney.
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The board may receive in evidence any statement, document, information, or
matter that may in the opinion of the board contribute to its functions under
this act, but the board shall not be bound by the rules of evidence.
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If any person has been convicted of any offense with respect to an act or
omission on which a claim under this act is based, proof of that conviction
shall be taken as conclusive evidence that the offense has been committed,
unless an appeal or any proceeding with regard thereto is pending.
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