N.J. Admin. Code § 6A:13A-11.3

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

Section 6A:13A-11.3 - Commissioner review and decision

(a) If the Commissioner retains the matter, pursuant to N.J.A.C. 6A:13A-11.2, upon receipt of the filings set forth at N.J.A.C. 6A:13A-11.1 and 11.2, or upon expiration of the time to file all submissions, the Commissioner shall review the total record before the Commissioner and render a written decision.

(b) In rendering decisions pursuant to this chapter, the Commissioner shall apply the standards set forth for Department review in the operative rules for the type of application in dispute. The burden of proof shall be on the petitioning party to demonstrate the standards were met by the applicant notwithstanding the Department's determination to the contrary. The record on appeal shall consist of documents and information submitted to the Department in support of the application and any additional information relied upon by the Department in making the determination at issue.

Amended by 54 N.J.R. 1595(b), effective 8/15/2022