N.J. Admin. Code § 7:27-22.32

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:27-22.32 - Hearings and appeals

(a) An adjudicatory hearing regarding a determination made by the Department pursuant to this subchapter may be requested and granted in accordance with 7:27-1.32.

(b) If a person does not have a right to request an adjudicatory hearing pursuant to 7:27-1.32, there is final agency action as to that person when the Department takes final action on the application.

(c) If a person does have a right to request an adjudicatory hearing pursuant to 7:27-1.32, there is final agency action as to that person when the Department denies the request for an adjudicatory hearing, or when the Commissioner issues a final decision on the matter, whichever is later.

(d) A person who wishes to appeal a penalty assessed for a violation of this subchapter may request an adjudicatory hearing pursuant to the procedures at N.J.A.C. 7:27A.

(e) The Department's failure to take final action on an administratively complete application for an initial operating permit, renewal, minor modification or significant modification, within the deadlines provided by this subchapter, shall constitute grounds for the commencement of an action in lieu of the prerogative writ of mandamus, to compel Departmental action on the application.

N.J. Admin. Code § 7:27-22.32

Amended by R.1998 d.231, effective 5/4/1998 (operative June 12, 1998).
See: 29 New Jersey Register 3521(a), 30 New Jersey Register 1563(b).
In (a) through (c), changed N.J.A.C. references.