Current through Register Vol. 56, No. 18, September 16, 2024
(a) As part of its investigation and at the
discretion of the Director, the Division may convene a fact-finding conference for
the purpose of obtaining evidence, identifying the issues in dispute, ascertaining
the positions of the parties, and, where appropriate, exploring the possibility of
settlement. The fact-finding conference is not an adjudication of the merits of the
verified complaint.
(b) The Division
shall provide the parties with written notice of the time and place of the
fact-finding conference. The notice shall identify the individuals requested to
attend and the documents and other evidence each party is requested to provide
within the specified time frame.
(c) The
conference shall be conducted as follows:
1. The
Division employee shall conduct and control the proceedings.
2. Upon prior notice to the Division, the parties
may bring witnesses to the conference in addition to those whose attendance may be
specifically requested by the Division, but the Division employee shall have
discretion over which witnesses shall be heard and the order in which they are
heard. The Division employee may exclude any witness or other person from the
conference, except that one representative of each party or counsel shall be
permitted to remain throughout. In the case of parties that are not individuals, the
Division employee may limit attendance at the conference to one representative of
each party and counsel.
3. The Division
may request the parties to provide affidavits from witnesses who appear at the
fact-finding conference.
4. A party may
be accompanied at a fact-finding conference by their attorney or another
representative, and by a translator, if necessary.
5. An attorney for a party who has not previously
entered their appearance shall do so at the outset of the conference.
6. Because the fact-finding conference is a means
of investigation and not a hearing on the merits of a case, the parties shall not be
entitled to cross-examine witnesses. All questioning shall be conducted by the
Division employee(s), unless at their discretion they permit questions to be asked
by other persons present at the conference.
7. At the discretion of the Director, a
fact-finding conference may be recorded by the Division. The recording shall become
part of the Division's investigative file and discovery of the recording will be
governed by N.J.A.C. 13:13.
8. During
the conference, the Division employee may allow a recess to permit the parties to
discuss settlement.
9. The Division will
provide, and pay the costs of, appropriate auxiliary aids and services, such as
qualified sign language interpreters or translators, when necessary for the Division
employee to effectively communicate with a party or witness.
(d) Postponements of a fact-finding conference
shall be subject to the following:
1. Parties are
discouraged from requesting adjournments, and adjournments will be granted only for
good cause shown. Requests for adjournments shall be submitted electronically or by
mail, addressed to the regional manager. Except in extraordinary circumstances,
requests for adjournments must be made upon notice to all parties at least 10
calendar days prior to the conference.
2. If a party fails to appear at a fact-finding
conference without obtaining a postponement, the Division may proceed with the
conference without the party.
(e) If the respondent or the complainant refuses
or fails to attend a scheduled fact-finding conference, the Division may schedule an
alternate conference date. The Division may subpoena any party or witness who has
failed to attend the initially scheduled fact-finding conference. The Division may
also subpoena any documents which either party was requested to bring, and fails to
bring, to the fact-finding conference.
