New Jersey Administrative Code
Title 18 - TREASURY - TAXATION
Chapter 23 - RAILROAD PROPERTY TAX
Subchapter 11 - ADMINISTRATION AND PROCEDURES
Section 18:23-11.3 - Taxpayer's right to a formal hearing
Universal Citation: NJ Admin Code 18:23-11.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Where, under N.J.A.C. 18:23-6.5, Review of a reassessment or an assessment of omitted property available to taxpayer, a taxpayer requests an administrative review, such review will be granted by means of a formal hearing, in the following manner:
1. All evidence at a formal
hearing shall be recorded by a certified court reporter authorized to administer
oaths, and the parties shall not be bound by common law or statutory rules of
evidence. All testimony having reasonable probative value shall be admitted, but
immaterial, irrelevant, or unduly cumulative testimony may be excluded. Every party
shall have the right to present their case or defense by oral or documentary
evidence, to submit rebuttal evidence, and to conduct such cross-examination as may
be required to a full, true disclosure of the facts;
2. After all parties have been given the
opportunity of presenting all the evidence in support of the issues, the Director
shall take the matter under advisement and reach a determination on the record and
facts disclosed;
3. Upon reaching a
determination, the Director shall notify the taxpayer, other party in interest, or
their respective representative by mail of the determination made;
4. The Director or any employee of the Division of
Taxation the Director may designate, may conduct hearings, administer oaths to, and
examine under oath, any taxpayer and the directors, officers, agents, and employees
of any taxpayer, and all other witnesses relative to the liability of the taxpayer
for any taxes pursuant to the provisions of the Act.
(b) The Attorney General, or any deputy the Attorney General may appoint, will attend any formal hearing on behalf of the State.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.