N.J. Admin. Code § 16:89-2.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 16:89-2.2 - Notice of ineligibility

(a) If NJ TRANSIT concludes that an operator is not eligible to participate in the FCIP, a designee of the President and CEO shall notify the operator, in writing, explaining the reasons for the decision. The operator may appeal this decision, but only on the facts NJ TRANSIT used in its determination. The operator must submit its written response within 15 business days of receiving NJ TRANSIT's decision. In its response, the operator shall respond with particularity and detail to each and every assertion made in the initial communication. The operator may submit only relevant documents with its response.

(b) The President and CEO's designee shall consider the operator's response on the papers submitted by the operator and all other relevant material, including the applicable provisions at N.J.S.A. 27:25-1 et seq., and shall render a decision. A decision by the President and CEO's designee shall be tendered within 30 calendar days of receipt of the operator's written response. Where the President and CEO's designee requests additional information from the operator, the operator shall respond, accordingly. The President and CEO's designee shall render a decision based on such facts, the law, and any relevant considerations of public policy. If the operator is dissatisfied by this decision, the operator may seek review of the decision in accordance with the procedures set forth in the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:

1. An operator may seek judicial review of NJ TRANSIT's final decision by filing the appropriate appeal with the Appellate Division of the Superior Court of New Jersey, as provided by applicable law.

N.J. Admin. Code § 16:89-2.2

Adopted by 47 N.J.R. 2637(a), effective 10/19/2015

Amended by 55 N.J.R. 608(a), effective 4/3/2023