N.J. Admin. Code § 13:21-21.19

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

Section 13:21-21.19 - Request for hearing

(a) If an applicant has been notified in accordance with N.J.A.C. 13:21-21.18(a) that the Chief Administrator refuses to grant or renew an auto body repair 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 30 days. The 30-day period shall commence on the date such notice was mailed to the applicant by the Commission in accordance with N.J.A.C. 13:21-21.18(a).

(b) If a licensee has been notified in accordance with N.J.A.C. 13:21-21.18(b) of a proposed suspension or revocation of his or her auto body repair 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 30 days. The 30-day period shall commence on the date such notice was mailed to the licensee by the Commission in accordance with N.J.A.C. 13:21-21.18(b).

(c) Any written request for a hearing by an applicant or licensee shall be sent to the Auto Body Repair Facility Licensing Section of the Commission at the address specified in N.J.A.C. 13:21-21.4(a). The hearing request shall contain the following information:

1. The name, place of business and telephone number of the auto body repair 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 Commission in its notice or order to show cause, or if without knowledge thereof, a statement to that effect; any allegation in the 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 auto body repair facility license shall be effective 12:01 A.M. on the 31st day from the date such notice was mailed in accordance with N.J.A.C. 13:21-21.18. The auto body repair facility shall cease all activities of the business of an auto body repair facility effective 12:01 A.M. on the 31st day from the date such notice was mailed in accordance with N.J.A.C. 13:21-21.18.

N.J. Admin. Code § 13:21-21.19

Amended by R.1996 d.27, effective 1/16/1996.
See: 27 New Jersey Register 4153(a), 28 New Jersey Register 275(a).
Amended by R.2005 d.129, effective 4/18/2005.
See: 36 New Jersey Register 1886(a), 37 New Jersey Register 1212(b).
Rewrote the section.