N.J. Admin. Code § 7:26H-5.17

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

Section 7:26H-5.17 - Administrative hearings; requests

(a) Any solid waste collector may, upon a written request to the Department within 20 days of receipt of an order described in N.J.A.C. 7:26H-5.11(b)5 or a notice of intent to suspend or revoke a Certificate of Public Convenience and Necessity, request an adjudicatory hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1.1et seq.

1. The solid waste collector shall deliver the written request 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, NJ 08625-0420

2. Copies of the request for an adjudicatory hearing shall also be delivered to the party issuing the order.

(b) The solid waste collector shall include the following information in a request for an adjudicatory hearing under (a) above:

1. The solid waste collector's name, address and telephone number;

2. Information supporting the request, and specific references to or copies of other documents relied upon to support the request;

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

4. A request, if necessary, for a barrier-free hearing location.

(c) The Department may deny a request for an adjudicatory hearing under (a) above if:

1. The solid waste collector fails to provide all information required under (b) above; and

2. The Department receives the request after the expiration of the time allotted under (a) above.

(d) When the Department determines that the contested suspension or revocation is necessary to alleviate an imminent danger to the environment or the public health, safety or welfare, the Department may suspend the license immediately and provide a hearing on an expedited basis.

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

N.J. Admin. Code § 7:26H-5.17

Administrative change.
See: 30 N.J.R. 3948(a).
Recodified from N.J.A.C. 7:26H-5.16 and amended by R.2002 d.356, effective 11/4/2002.
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
Rewrote (a)2; in (c)2, substituted "(a) above" for "(b) above".
Notice of readoption with technical change.
See: 47 N.J.R. 721(a).

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