N.J. Admin. Code § 7:1A-2.34

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

Section 7:1A-2.34 - Administrative hearings

(a) The Administrator shall make the initial decision regarding all disputes arising under a loan. The borrower shall be required to specify in writing and in detail the basis for its appeal. When a borrower so requests, the Administrator shall reduce a decision to writing and mail or otherwise furnish a copy thereof to the borrower.

(b) A borrower may request a hearing within 15 days of a decision by the Administrator. The hearing request shall be addressed 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, NJ 08625-0420. The request for a hearing shall specify in detail the basis for the appeal.

(c) Following receipt of an acceptable request for a hearing pursuant to (b) above, the Department may attempt to settle the dispute by conducting such proceedings, meetings and conferences as deemed appropriate.

(d) If the borrower raises a substantial and meritorious issue and such efforts at settlement fail, the Department shall file the request for a hearing with the Office of Administrative Law. Such hearings--shall be granted and conducted in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and N.J.S.A. 52:14F-1 et seq. and any rules promulgated pursuant to those Acts.

N.J. Admin. Code § 7:1A-2.34

As amended, R.1983 d.534, effective 11/21/1983.
See: 15 New Jersey Register 1307(a), 15 New Jersey Register 1940(a).
"in writing" requirement added to (b); new (c) added, old (c) made (d) and cross-reference to (b) inserted.
As amended, R.1984 d.232, effective 6/18/1984.
See: 16 New Jersey Register 631(a), 16 New Jersey Register 1479(a).
"Administrative hearings" was formerly codified at N.J.A.C. 7:1A-2.35; (b): "basis for appeal" requirement added; requirement to hold a hearing based upon a request deleted; (c): discretion to file a hearing request with OAL deleted; (d): requirement to file a hearing request with OAL added.
Administrative change to (b).
See: 23 New Jersey Register 3325(b).
Amended by R.1992 d.252, effective 6/15/1992.
See: 24 New Jersey Register 707(a), 24 New Jersey Register 2245(a).
Reference to Director of Division changed to Administrator.
Amended by R.1997 d.223, effective 5/19/1997.
See: 29 New Jersey Register 7(a), 29 New Jersey Register 2268(a).
In (b), amended Department name.

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