N.J. Admin. Code § 7:14A-22.24

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

Section 7:14A-22.24 - Request for adjudicatory hearings

(a) Subject to the limitations of (d) below, a person may request an adjudicatory hearing to contest the issuance or denial of a treatment works approval and/or the approval or denial of a sewer ban exemption request.

(b) A request for an adjudicatory hearing shall:

1. Be in writing on a hearing request form available from the Department and shall set forth:

i. The name, address and daytime telephone number of the person requesting the hearing;

ii. When the request is submitted by someone other than the applicant, evidence that a copy of the hearing request has been mailed to the applicant;

iii. A copy of the Department notice or decision for which a hearing is being requested;

iv. The Department file number or project number on the notice or decision;

v. A statement requesting a hearing;

vi. A specific admission, denial or explanation of each fact appearing in the Department notice or decision or a statement that the person is without knowledge thereof; and

vii. A concise statement of the facts or principles of law asserted to constitute any factual or legal defense; and

2. Be submitted to the Department as follows:

i. Submit the original request to:

New Jersey Department of Environmental Protection

Office of Administrative Hearings and Dispute Resolution ATTENTION: Adjudicatory Hearing Requests

401 E. State Street

Mail Code 401-07A

PO Box 420

Trenton, New Jersey 08625-0420

ii. Submit a copy of the request to:

Division of Water Quality

Attention: Director

Department of Environmental Protection

PO Box 029

Trenton, NJ 08625-0029.

(c) If a hearing request does not include a specific admission, denial or explanation of each fact alleged, or a statement that the person is without knowledge thereof, the facts alleged in the Department's notice or decision shall be deemed to have been admitted.

(d) Nothing in this section shall be construed to provide a right to an adjudicatory hearing in contravention of 52:14B-3.1 through 3.3.

(e) To contest the Department's issuance or denial of a treatment works approval a person shall submit a hearing request no later than 30 days after notice of the decision or determination is published in the DEP Bulletin. To contest the Department's approval or denial of a sewer ban exemption, a person shall submit a hearing request no later than 30 days after receipt of the Department's approval or denial. If a person submits the hearing request after this time, the Department shall deny the request. The DEP Bulletin is available through the Department's website at http://www.state.nj.us/dep.

(f) As part of a request for an adjudicatory hearing, a person may request that the Department determine whether the matter for which the adjudicatory hearing is requested is suitable for mediation by the Department's Office of Administrative Hearings and Dispute Resolution. The Department shall promptly notify the requester of its determination. If the Department determines that the matter is suitable for mediation, the Department shall also notify the requester of the procedures and schedule for mediation.

(g) The person requesting a hearing may ask the Department to stay the operation of the approval that is the subject of the hearing request. The Department shall grant the request for a stay for good cause shown, or may allow certain regulated activities pending hearing and decision, upon such terms and conditions the Department deems appropriate.

(h) The Department shall notify the requester if the request for a hearing is granted and, if denied, the reason why. If a hearing request is granted, the Department shall refer the matter to the Office of Administrative Law for an adjudicatory hearing in accordance with 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.

(i) At the conclusion of any adjudicatory hearing in the Office of Administrative Law, the administrative law judge will submit an initial decision to the Commissioner. The Commissioner shall issue a final decision affirming, rejecting, or modifying the findings of fact and conclusions of law in the Initial Decision, in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(j) The Commissioner's final decision under (i) above may be appealed to the Appellate Division of the Superior Court, within the time provided by court rule.

N.J. Admin. Code § 7:14A-22.24

Administrative change.
See: 38 N.J.R. 1445(a).
Repeal and New Rule, R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Section was "Requests for adjudicatory hearings".

Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023