N.J. Admin. Code § 13:21-26.4

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

Section 13:21-26.4 - Suspension and revocation proceedings; penalties; hearings

(a) Except as provided in N.J.A.C. 13:21-26.3(a) and 26.6, prior to revoking or suspending a permit, or imposing any penalty, the Chief Administrator will send a notice of proposed action to the permit holder's registered agent or contact person identified by the TNC pursuant to N.J.A.C. 13:21 -26.2(m).

(b) Within 25 days of the date of the notice, the permit holder or TNC applicant may request a hearing concerning the proposed administrative action.

(c) Any hearing request under (b) above must be in writing and must list all contested issues of material fact, issues of law, and mitigating circumstances that the permit holder or TNC applicant intends to demonstrate.

(d) If the Chief Administrator finds that there is one or more genuine issues of material fact, the matter will be referred for a hearing at the Office of Administrative Law. The hearing shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and the Motor Vehicle Commission Cases, N.J.A.C. 1:13.

(e) Prior to referring the matter for a hearing, the Chief Administrator may, in his or her sole discretion, elect to conduct a prehearing conference.

(f) If there are no material facts in dispute or if the permit holder or TNC applicant does not respond to the notice of proposed action within 25 days from the date of the notice, the Chief Administrator shall issue a final order appealable only to the Appellate Division of the Superior Court.

(g) Nothing in this subchapter shall prevent the Chief Administrator from seeking to resolve any proposed administrative matters through informal means at any stage of the proposed administrative matters described in this section.

N.J. Admin. Code § 13:21-26.4

Adopted by 50 N.J.R. 2337(d), effective 11/19/2018