N.J. Admin. Code § 13:19-1.13

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:19-1.13 - Procedures as to when opportunities to be heard are granted

(a) The Commission shall not take administrative action against a person unless it has first afforded the person an opportunity to be heard in conformity with this subchapter except as set forth in (b), (c), and (d) below.

(b) When the administrative action proposed by the Commission against any person is one wherein the Commission has authority to act without first providing an opportunity to be heard, such action shall be valid, but the Commission shall promptly afford the person an opportunity to be heard in conformity with this subchapter.

(c) No hearing shall be provided when the action taken by the Commission is required by any law which prescribes a suspension or revocation of a license or a privilege and which requires no exercise of discretion on the part of the Motor Vehicle Commission. No hearing shall be provided when a license or privilege is suspended or revoked by order of a court of competent jurisdiction.

(d) When a license is not suspended or is restored with the distinct understanding that any subsequent moving violation will be cause for a suspension, the issue of any hearing provided with respect to a proposed suspension for such subsequent moving violation will be limited to:

1. Whether or not the licensee has been convicted of a subsequent moving violation; and

2. Determining whether or not the licensee received adequate notice that the license had been restored with that distinct understanding.

N.J. Admin. Code § 13:19-1.13

Amended by R.1984 d.129, effective 4/16/1984.
See: 15 New Jersey Register 2143(a), 16 New Jersey Register 918(a).
Deleted subsection (d) and recodified (e) to (d).
Amended by R.1991 d.220, effective 4/15/1991.
See: 22 New Jersey Register 3446(a), 23 New Jersey Register 1195(a).
Substituted "for a hearing" with "to be heard"; substituted "these provisions" with "this subchapter" in (a). Deleted "suspension or revocation of a" in (c). Substituted "requested" with "provided" in (d).
Amended by R.2005 d.47, effective 2/7/2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (c), substituted "Motor Vehicle Commission" for "Division of Motor Vehicles"; in (d), deleted "summary" following "cause for a" in the introductory paragraph and substituted "the" for "this" preceding "license" in 2; substituted "the Commission" for "the Division" throughout.