N.J. Admin. Code § 7:1G-6.13

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

Section 7:1G-6.13 - Appeal of determination

(a) If the Department denies an employer's trade secret claim, the employer shall have 45 days from the receipt of the Department's determination to file with the Department a written request for an administrative hearing on the determination. Such request shall be filed with the Department at the following address:

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

(b) (Reserved)

(c) If a request for an administrative hearing is made pursuant to (a) above, the department shall refer the matter to the Office of Administrative Law for a hearing thereon.

(d) Within 45 days of receipt of the administrative law judge's initial decision containing a recommendation on a matter referred to in (c) above, the Department shall affirm, reject, or modify the recommendation. The Department shall inform the employer of its decision on the administrative law judge's recommendation by certified mail return receipt requested. The Department's action shall be considered final agency action for purposes of the "Administrative Procedure Act", N.J.S.A. 52:14B-1 et seq., and shall be subject only to judicial review as provided in the Rules of Court.

(e) In the event that the department determines, pursuant to (d) above, that the trade secret claim is not valid, the employer shall have 45 days from receipt of the department's determination to notify the department, in writing, that it has filed to appeal the department's decision in the courts. If the employer does not so notify the department, the department shall disclose the information for which the trade secret claim was made in the manner set forth in N.J.A.C. 7:1G-6.14.

(f) Special rules applicable to trade secret claim appeals are set forth at N.J.A.C. 1:21.

N.J. Admin. Code § 7:1G-6.13

Administrative Correction and change to (a).
See: 23 N.J.R. 3325(b).
Amended by R.1993 d.386, effective 8/2/1993.
See: 25 N.J.R. 858(a), 25 N.J.R. 3537(a).
Notice of readoption with technical change.
See: 45 N.J.R. 2599(a).
Administrative correction.
See: 46 N.J.R. 75(a).

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