N.J. Admin. Code § 13:19-1.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:19-1.2 - Requests for hearings; disposition of hearing requests

(a) The proposed action to be taken against any licensee by the Commission shall become effective on the date set forth in the notice except when otherwise specified, unless the licensee or his or her attorney shall make a request, in writing, for a hearing within 25 days from the date of notice.

(b) Requests for a hearing shall, except as specified in (c) below and in 13:19-12.2(b), be sent to the following address:

Motor Vehicle Commission

Scheduling Unit

PO Box 166

Trenton, New Jersey 08666-0166

(c) Requests for a hearing by a person or entity whose business license (that is, motor vehicle dealer license, private inspection facility license, motor vehicle emission repair facility registration, motor vehicle emission inspector license, diesel emission inspection center license, auto body repair facility license, junk yard license, sun-screening material installation facility registration, driving school license or driving school instructor's license) is proposed to be suspended or revoked shall be sent to the address specified by the Commission in its notice of proposed suspension or revocation.

(d) Requests for a hearing shall specify all disputed material facts which the licensee or his or her attorney intends to raise at such hearing. Requests for a hearing shall also set forth all legal issues which the licensee or his or her attorney intends to raise, and shall present all arguments on those issues which the licensee wishes the Commission to consider.

(e) When a hearing request fails to set forth any disputed material fact and fails to set forth any legal issue or any argument on an issue, the request for a hearing shall be denied. The Commission shall notify the licensee of this denial and the grounds thereof, and shall notify the licensee that the proposed action shall become effective on such date as the Commission shall specify. Such notice shall constitute the final agency decision in the matter.

(f) When a hearing request sets forth disputed material facts which the licensee or his or her attorney intends to raise at such hearing, the Chief Administrator shall require the licensee to attend a prehearing conference conducted by designated employees of the Commission.

(g) When there are no disputed material facts and when a request for a hearing sets forth legal issues and presents arguments on those issues, the Chief Administrator may either consider those legal issues and arguments on the basis of the written record and render a written determination which shall constitute the final agency decision in the matter; or may require the licensee to attend a prehearing conference conducted by designated employees of the Commission; or may transmit the matter directly to the Office of Administrative Law for a hearing pursuant to N.J.A.C. 1:1.

N.J. Admin. Code § 13:19-1.2

Amended by R.1984 d.129, effective 4/16/1984.
See: 15 N.J.R. 2143(a), 16 N.J.R. 918(a).
(d) and (e) added.
Amended by R.1991 d.220, effective 4/15/1991.
See: 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
Added heading caption--"disposition of hearing requests", time limit for hearing request changed from 10 days to 25 days with other stylistic changes in (a). Deleted (b). Redesignated (c) as (b); added reference to N.J.A.C. 13:19-12.2(b); changed address of Division of Motor Vehicles. Added (c), (d) and (e). Redesignated (d) as (f); substituted "Upon request for a hearing pursuant to this section" with "Where a hearing request sets forth disputed material facts which the licensee or his or her attorney intends to raise at such hearing." Redesignated (e) as (g); text changed to describe procedure where there are no disputed material facts and where a request for a hearing sets forth Regal issues and presents arguments on those issues.
Amended by R.1999 d.312, effective 9/20/1999.
See: 31 N.J.R. 1440(a), 31 N.J.R. 2756(a).
In (c), substituted a reference to private inspection facilities licenses for a reference to private inspection center licenses, and inserted a reference to motor vehicle emission repair facility registration, motor vehicle emission inspector licenses and diesel emission inspection center licenses.
Amended by R.2005 d.47, effective 2/7/2005.
See: 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
Rewrote the section.
Amended by R.2010 d.277, effective 12/6/2010.
See: 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
In the address in (b), substituted "Scheduling Unit" for "Driver Management Bureau", "166" for "134" and "0166" for "0134".