N.J. Admin. Code § 7:1F-7.4

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

Section 7:1F-7.4 - Adjudicatory hearing requests and procedures

(a) A person may request a hearing to contest an administrative order issued pursuant to N.J.A.C. 7:1F-7.3, a certified notice denying a confidentiality claim pursuant to N.J.A.C. 7:1F-8, or a decision made by the Department to:

1. Deny an application, or any part thereof, for an approval or permit, for a modification thereof, or for a renewal thereof;

2. Impose any condition on its approval or permit which the applicant or permittee finds objectionable; or

3. Revoke or suspend a previously issued approval or permit.

(b) Within 20 calendar days after receiving the document for which a hearing is sought, the person requesting a hearing shall send a completed Adjudicatory Hearing Request Checklist and a written request for a hearing to:

1. New Jersey Department of Environmental Protection

Office of Administrative Hearings and Dispute Resolution

ATTENTION: Adjudicatory Hearing Requests

Mail Code 401-07A

PO Box 420

401 East State Street

Trenton, New Jersey 08625-420

2. New Jersey Department of Environmental Protection

Bureau of Release Prevention

Mail Code 22-03D

401 East State Street

PO Box 420

Trenton, New Jersey 08625-0420

(c) The person requesting a hearing shall include with the completed Adjudicatory Hearing Request Checklist the following information:

1. The name, address, telephone number, and email address of:

i. The person the Department named in the document for which the hearing is sought;

ii. A contact person or authorized representative, if the person the Department named in the document is not an individual; and

iii. The person's attorney, if any.

2. The date the person received the document for which a hearing is sought;

3. A copy of the document for which a hearing is sought, pursuant to (a) above;

4. An admission, a denial, or an averment of insufficient knowledge or information of the findings listed in the document being contested, as follows:

i. If the person is without knowledge or information sufficient to form a belief as to the truth of a specific finding, the person shall so state and this shall have the effect of a denial;

ii. If a person intends to deny any finding or portion of the finding in the document:

(1) The person shall identify the finding or portion of the finding that is denied. A general denial of some or all of the findings shall have the effect of an admission of each finding generally denied;

(2) For each finding or portion of a finding the person denies, the person shall explain the factual and legal basis of the denial. Any failure to provide a factual and legal basis for a denial shall have the effect of an admission of the finding; and

(3) The person shall ensure that each denial fairly meets the substance of the finding or portion of the finding denied. A denial that does not meet the substance of the finding denied shall have the effect of an admission of the finding; and

iii. If a person fails to either admit or deny any specific finding or portion of a finding, this shall have the effect of an admission of that finding.

5. A list of all factual and legal issues that the person is contesting, with each defense position stated in short and plain terms;

6. Documents or information supporting the request for a hearing, and specific reference to, or copies of, other written documents relied on to support the request;

7. An estimate of the time required for the hearing in days and/or hours; and

8. A request, if necessary, for a barrier-free hearing location for physically disabled persons.

(d) If the Department does not receive the request for a hearing within the time prescribed at (b) above, or if the request does not include the information required at (c) above, the Department shall deny the request for a hearing.

(e) An adjudicatory hearing shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(f) 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, 3.2, or 3.3.

N.J. Admin. Code § 7:1F-7.4

Adopted by 55 N.J.R. 905(a), effective 5/1/2023

Administrative Change, 55 N.J.R. 1173(c), effective 5/9/2023