N.J. Admin. Code § 7:14D-3.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:14D-3.1 - Requests for adjudicatory hearings

(a) Subject to the limitation on third-party hearing rights specified in (e) below, a person may request an adjudicatory hearing to contest the Department's decision under this chapter on an application for a determination of environmental benefit (DEB).

(b) A request for an adjudicatory hearing shall be submitted within 30 days of receipt of the Department's decision. The request shall be in writing, and shall include:

1. A copy of the decision on which the hearing is being requested; and

2. A detailed explanation of the requester's reasons for requesting the hearing, including the factual and legal basis for the appeal.

(c) The request for an adjudicatory hearing shall be submitted to the 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, NJ 08625-0420 . A copy of the request shall also be submitted to the Division of Water Quality in the Department at the address provided at N.J.A.C. 7:14D-2.1(b).

(d) Any adjudicatory hearing granted under this section shall be conducted 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.

(e) Nothing in this section shall be construed to provide a right to an adjudicatory hearing in contravention of N.J.S.A. 52:14B-3.1 through 3.3 (P.L. 1993, c.359).

N.J. Admin. Code § 7:14D-3.1

Notice of readoption with technical change.
See: 47 N.J.R. 1319(a).

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