N.J. Admin. Code § 7:1K-12.3

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

Section 7:1K-12.3 - Procedures for requesting and conducting adjudicatory hearings

(a) To request an adjudicatory hearing to contest an administrative order, notice of civil administrative penalty assessment, or confidentiality determination issued pursuant to the Act or this chapter, the violator or claimant shall submit the information required pursuant to (b) below 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

(b) To request an adjudicatory hearing to contest an administrative order, notice of civil administrative penalty assessment, or confidentiality determination, the violator or claimant shall submit the following information to the Department:

1. The name, address, and telephone number of the violator or claimant and its authorized representative;

2. If an administrative order or notice of civil penalty assessment is being appealed:

i. The violator's defenses to each of the Department's findings of fact in the administrative order or notice of civil administrative penalty assessment stated in short and plain terms; and

ii. An admission or denial of each of the Department's findings of fact in the administrative order or notice of civil administrative penalty assessment. If the alleged violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the alleged violator shall so state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. When the alleged violator intends in good faith to deny only a part or a qualification of a finding, the alleged violator shall specify so much of it as is true and material and deny only the remainder. The alleged violator may not generally deny all of the findings but shall make all denials as specific denials of designated findings. For each finding the alleged violator denies, the alleged violator shall allege the fact or facts as the alleged violator believes it or them to be;

3. If a confidentiality determination is being appealed:

i. A concise statement of each factual or legal question alleged to be at issue and its relevance to the Department's confidentiality determination; and

ii. A concise statement of the claimant's or applicant's position on each factual or legal question alleged to be at issue;

4. Information supporting the request and specific reference to or copies of other written documents relied upon to support the request;

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

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

(c) If the Department does not receive the hearing request within 20 days after receipt by the violator of an administrative order or notice of civil administrative penalty assessment being challenged, or within 45 days after receipt by the claimant of a confidentiality determination, the Department shall deny the hearing request.

(d) If the violator or claimant fails to include all the information required by (d) above, the Department may deny the hearing request. The Department may grant the violator or claimant an additional 10 days to correct deficiencies in an incomplete adjudicatory hearing request.

(e) All adjudicatory hearings granted under the Act shall be conducted 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 § 7:1K-12.3

Amended by R.2005 d.317, effective 9/19/2005.
See: 37 New Jersey Register 984(a), 37 New Jersey Register 3637(c).
In (a), rewrote address.
Notice of readoption with technical change.
See: 46 N.J.R. 353(a).

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