N.J. Admin. Code § 7:1I-5.6

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

Section 7:1I-5.6 - Adjudicatory hearings

(a) A claimant may contest a final claim decision by requesting a hearing before the Office of Administrative Law. The claimant shall make the request in writing within 30 days after receiving the Department's written statement under 7:1I-5.5(c); provided, however, that if the claimant has refused delivery of the Department's final decision, the claimant shall make the request for a hearing within 30 days after the date of mailing of the final decision. Failure to request a hearing before the expiration of such 30-day period shall operate as a waiver of any right to have the claim submitted to a hearing.

(b) A request for a hearing under (a) above shall contain the following information:

1. A denial of each fact disputed by the claimant which the Department has asserted in the final claim decision. The claimant's denial shall fairly meet the substance of the disputed facts, and shall contain assertions of the facts as the claimant believes them to be;

2. If the claimant asserts that, based upon the facts asserted in the Department's final claim decision, the Department's decision is improper as a matter of law, a specific explanation of the legal basis for that assertion;

3. Copies of written documents which the claimant is relying upon to support the request, provided, however, that if the claimant has previously submitted such documents to the Department, a specific reference to such documents will be sufficient;

4. An estimate of the time required for the hearing; and

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

(c) If the claimant does not submit the information required under (b) above within the time allotted under (a) above, the Department, after proper notice to the claimant, may deny the request.

(d) The Department may require that the claimant submit additional information beyond that required under (b) above, if the Department determines that such information is necessary to provide the Department with adequate notice of the specific factual or legal bases for the claimant's objections to the final claim decision.

(e) A request for an adjudicatory hearing 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, New Jersey 08625-0420

All such communications regarding adjudicatory hearings for which a street address is required shall be sent to 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, New Jersey 08625-0420

(f) If the Department grants the hearing request, the Department shall file the request for a hearing with the Office of Administrative Law. The hearing shall be held before an administrative law judge in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 7:1I-5.6

Amended by R.1999 d.91, effective 3/15/1999.
See: 30 New Jersey Register 4157(a), 31 New Jersey Register 763(a).

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