N.J. Admin. Code § 5:14A-6.5

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:14A-6.5 - Suspension or revocation of permit

(a) The Department may immediately suspend or revoke a permit, prior to a hearing, when it is determined that the violations listed in 5:14A-6.2 exist or that the continued holding of the permit, approval or certifications is otherwise a hazard to public health and safety. An owner or manufacturer may request an expedited hearing to contest any such suspension in accordance with the Administrative Procedure Act 52:14B-1 et seq., and the Special Hearing Rules at N.J.A.C. 1:12D.

1. In such cases, the Commissioner shall adopt, reject or modify the recommended decision of the Administrative Law Judge on the next business day following receipt of the Administrative Law Judge's decision. The Commissioner of Community Affairs' decision shall be final, subject to the right of the owner to appeal to the Superior Court of New Jersey, Appellate Division. The expedited hearing shall be held, and a final decision issued by the Commissioner, within 48 hours of receipt of a written request for such a hearing, except as extended with the consent of both parties.

2. Failure of the Department to transmit the hearing request to the Office of Administrative Law within one business day of the Department's receipt thereof shall be deemed to be a final agency decision.

3. Failure to issue a decision shall constitute denial of the appeal.

N.J. Admin. Code § 5:14A-6.5