Evidence

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Bias
Bias on the part of a local issuing authority or witnesses must be established by convincing proof and not mere allegation. Decision: 9 N.J.A.R. 319
Character Testimony
Character testimony should be considered in mitigation of any penalty imposed upon an electrical contractor for negligent work. Decision: 1 N.J.A.R. 112
Credibility
Minor inconsistencies in the testimony of investigating agents does not destroy their credibility. Decision: 9 N.J.A.R. 349
Exclusionary Rule
While Civil Service disciplinary proceedings may result in suspension or the loss of a job, this cannot be equated with criminal sanctions which justify the application of stricter standards to safeguard fundamental fights; thus, evidence seized in the search of a police officer's locker is admissable in an administrative proceeding even if that search was found to be violative of the Fourth Amendment in a related criminal proceeding. Decision: 1 N.J.A.R. 435
Expert Witness
A police officer without special training has no special expertise to offer an opinion on alcohol absorption and burn-off rates. Decision: 5 N.J.A.R. 298
Hearsay
The Casino Control Commission may base ultimate factual findings upon any relevant evidence, including hearsay, regardless of the fact that such evidence may be inadmissable in a civil action, so long as the evidence is the sort upon which responsible persons rely upon in the conduct of serious affairs. Decision: 8 N.J.A.R. 126
Immunized Testimony
Immunized testimony given in a Federal criminal case is admissible before an administrative law judge in a license suspension proceeding since the purpose of the administrative hearing is not punishment of the individual but rather whether the public welfare would be served by the continuation of the license. Decision: 2 N.J.A.R. 149
Inferences
Where a licensee is charged with the sale of an alcoholic beverage to an actually or an apparently intoxicated person and the licensee fails to call the served individual, an adverse inference against the integrity of the licensee arises. Decision: 2 N.J.A.R. 380
Internal Agency Memoranda
Internal agency memoranda may not bind the public, since there is no opportunity for public comment and no public awareness of the rule with which the public is supposed to comply. Decision: 1 N.J.A.R. 365
Internal agency memoranda are not binding on an administrative law judge. Decision: 1 N.J.A.R. 365
Recent date of an internal agency memoranda precludes a showing of a long continued usage and practice of agency. Decision: 1 N.J.A.R. 365
Motive
Proof of discriminatory motive or intent is essential in a disparate treatment case where it is alleged that an employer has treated a person less favorably than others because of her race. Decision: 2 N.J.A.R. 042
Official Notice
An administrative law judge may take official notice of rising operating costs due to inflation. Decision: 4 N.J.A.R. 001
An administrative law judge may take official notice of "Widmark Factors" relating to alcohol consumption and burn-off. Decision: 5 N.J.A.R. 298