N.J. Admin. Code § 13:74C-6.12

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

Section 13:74C-6.12 - Hearing requirement and procedure

(a) Pursuant to 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, the Commission may directly conduct a hearing to determine if a violation of its rules has occurred. Upon a finding of violation(s), the Commission may directly impose any of the penalties set forth at N.J.A.C. 13:74C-6.10. Alternatively, the Commission or Commission Executive Director may refer the matter to the Office of Administrative Law for an initial decision.

(b) Except as provided at N.J.A.C. 13:74C-6.1(a), any person who has been denied a license may appeal such determination by filing a written request with the Commission Executive Director within 10 days of the license denial decision. In such event, the Commission Executive Director shall cause the matter to be referred to the Office of Administrative Law for a recommended decision.

(c) Any appeal of a final decision of the Commission, as concerns a license denial or imposed penalty, shall be to the Superior Court of New Jersey, Appellate Division.

(d) The license applicant or licensee shall be responsible for any costs incurred in connection with any hearing or appeal proceeding pursuant to this section.

N.J. Admin. Code § 13:74C-6.12

Adopted by 47 N.J.R. 807(b), effective 4/20/2015.

Adopted by 56 N.J.R. 413(a), effective 3/18/2024