N.J. Admin. Code § 13:2-17.9

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

Section 13:2-17.9 - Extension of license term

(a) Upon the filing of an appeal from the denial of an application for renewal of a license, or the failure to act upon such renewal application within the time set forth in 13:2-2.10(b), the Director may, at the time of the filing of the appeal, in the exercise of sound discretion, issue an order upon respondent issuing authority to show cause why the term of the license should not be extended pending the determination of the appeal, together with ad interim relief extending the license pending the return of the order to show cause. If it appears that a substantial question of fact or law has been raised, and that irreparable injury to the appellant would result if the license is not extended, the Director may extend the license pending the outcome of the appeal, subject to such special conditions as the Director may deem appropriate.

(b) In cases in which a license has been extended pending the outcome of an appeal to the Director, the licensee must file a renewal application and the appropriate fees for each subsequent license term while the appeal is pending or the license shall be deemed to have expired.

(c) In cases in which a license has not been extended pending the outcome of an appeal to the Director, the licensee need not file a renewal application and appropriate fees for each subsequent license term while the appeal is pending. If the licensee prevails on appeal, then the licensee shall be required to file renewal applications and pay the appropriate fees for each term during which the appeal was pending, within 60 days of the date of the Director's decision or the license shall be deemed to have expired.

N.J. Admin. Code § 13:2-17.9

Amended by R.1990 d.412, effective 8/20/1990.
See: 22 New Jersey Register 1811(a), 22 New Jersey Register 2508(c).
Recodified from 13:2-17.12. Added language regarding N.J.A.C. 13:2-2.10(b) time requirement and continuation of extension of license; deleted references to ALJ order. Recodified prior text at 13:2-17.9, "Subpoenas", to 13:2-17.7.
Amended by R.1995 d.450, effective 8/21/1995.
See: 27 New Jersey Register 2051(a), 27 New Jersey Register 3177(a).
Stylistic changes.
Amended by R.2003 d.436, effective 11/3/2003.
See: 35 New Jersey Register 2810(a), 35 New Jersey Register 5122(a).
Rewrote the section.