N.J. Admin. Code § 13:20-44.23

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

Section 13:20-44.23 - Request for hearing

(a) If an applicant has been notified in accordance with 13:20-44.22(a) that the Chief Administrator refuses to grant or renew a private inspection facility license to him or her, the applicant shall be entitled to an administrative hearing concerning such refusal provided that the applicant has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the applicant by the Motor Vehicle Commission in accordance with 13:20-44.22(a).

(b) If a licensee has been notified in accordance with 13:20-44.22(b) of a proposed suspension or revocation of his or her private inspection facility license, the licensee shall be entitled to an administrative hearing concerning such proposed suspension or revocation provided that the licensee has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the licensee by the Motor Vehicle Commission in accordance with 13:20-44.22(b).

(c) Any written request for a hearing by an applicant or licensee shall be sent to the Private Inspection Facility Licensing Unit of the Motor Vehicle Commission at the address specified in 13:20-44.4(a). The hearing request shall contain the following information:

1. The name, license number, place of business and telephone number of the private inspection facility;

2. A concise statement of facts constituting each ground of defense;

3. A specific admission, denial or explanation of each fact alleged by the Motor Vehicle Commission in its notice or order to show cause, or if without knowledge thereof, a statement to that effect; any allegation in the Motor Vehicle Commission's notice or order to show cause which is not answered in accordance with this paragraph shall be deemed to have been admitted; and

4. A statement requesting a hearing.

(d) If the applicant or licensee does not file a written request for a hearing in accordance with (a), (b), or (c) above, the suspension, revocation or refusal to grant or renew the private inspection facility license shall be effective on the date specified in such notice. The private inspection facility shall cease all activities of the business of a private inspection facility effective on the date specified in such notice.

N.J. Admin. Code § 13:20-44.23

Amended by R.2001 d.20, effective 1/16/2001.
See: 32 New Jersey Register 3720(a), 33 New Jersey Register 269(a).
In (b), substituted "licensee" for "license" preceding "has been notified".
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Motor Vehicle Commission" for "Division" and "Chief Administrator" for "Director" throughout; and in (a) and (b), substituted "25" for "15" throughout.