N.J. Admin. Code § 7:28-4.17

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

Section 7:28-4.17 - Requests for an adjudicatory hearing

(a) When the Department denies an initial application for or renewal of a specific license, or determines to modify, revoke, suspend or terminate a general or specific license, the Department shall send a notice of decision to the applicant or licensee by certified mail return receipt requested. The notice shall advise the applicant or licensee of the right to request a contested case hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The notice shall include the following information:

1. Where and whom hearing requests should be sent;

2. The deadline by which hearing requests must be submitted;

3. The information that is required to be in the hearing request under (c) below; and

4. The requirements for requesting a stay under 7:28-4.19.

(b) All requests for a contested case hearing must be received by the Department within 30 calendar days of the date upon which the notice of decision was received.

(c) All requests for a contested case hearing shall be submitted, in writing, to the Department, at 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. The request shall contain:

1. The name, address and telephone number of the person making such request;

2. A statement of the legal authority and jurisdiction under which the request for a hearing is made;

3. A brief and clear statement of specific facts describing the Department decision appealed from as well as the nature and scope of the interest of the requestor in such decision; and

4. A statement of all facts alleged to be at issue and their relevance to the Department decision for which a hearing is requested. Any legal issues, associated with the alleged facts at issue, must also be included.

(d) The Department shall determine whether any request for a contested case hearing should be granted. In making such determination, the Department shall evaluate the request to determine whether a contested case, as defined by the Administrative Procedure Act, 52:14B-1 et seq., exists and whether there are issues of fact which, if assumed to be true, might change the Department's decision. Where only issues of law are raised by a request for a hearing, the request will be denied. Denial by the Department of a request for a contested case hearing shall constitute the final decision of the Department for the purposes of judicial appeal.

N.J. Admin. Code § 7:28-4.17

Administrative Change in (c).
See: 23 N.J.R. 3325(b).
Recodified from N.J.A.C. 7:28-4.17 and amended by R.2008 d.281, effective 9/15/2008 (operative September 30, 2009).
See: 40 N.J.R. 2309(a), 40 N.J.R. 5196(b), 41 N.J.R. 3415(a).
In the introductory paragraph of (a) and in (a)4, updated the N.J.A.C. references; and in the introductory paragraph of (a), deleted "State" following both occurrences of "specific".
Recodified from N.J.A.C. 7:28-4.18 and amended by R.2014 d.083, effective 5/5/2014.
See: 45 N.J.R. 806(a), 46 N.J.R. 768(a).
In the introductory paragraph of (c), substituted "Mail Code 401-04L, PO Box" for "CN", and inserted "401 East State Street, 7th Floor,". Former N.J.A.C. 7:28-4.17, Modification, revocation, suspension, and termination of general and specific licenses, recodified to N.J.A.C. 7:28-4.16.

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