N.J. Admin. Code § 7:31-11.3

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

Section 7:31-11.3 - Procedures to request an adjudicatory hearing

(a) Within 20 calendar days from receipt of an administrative order and/or a notice of civil administrative penalty assessment issued pursuant to the Toxic Catastrophe Prevention Act, the violator may request an adjudicatory hearing to contest such administrative order and/or penalty assessment by submitting a written request to the Department which shall include the following information:

1. The name, address, and telephone number of the violator and his or her authorized representative, if any;

2. The Department's identification number for the covered process as specified in the owner or operator's registration form (if applicable);

3. The violator's defenses to each of the Department's findings of fact stated in short and plain terms;

4. An admission or denial of each of the Department's findings of fact. If the violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the 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 violator intends in good faith to deny only a part or a qualification of a finding, the violator shall specify so much of it as is true and material and deny only the remainder. The violator may not generally deny all of the findings but shall make all denials as specific denials of designated findings. For each finding the violator denies, the violator shall allege the fact or facts as the violator believes it or them to be;

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

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

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

(b) Within 20 calendar days from receipt of an administrative order issued by the Department pursuant to 40 CFR 68.220(g) with changes specified at 7:31-8.1(c)9 and 10, or 7:31-9.5(e), or of a written notice from the Department withholding approval of a new covered process, or a certified letter denying a confidentiality claim or denying a petition to withhold privileged trade secret or security information, issued pursuant to the Toxic Catastrophe Prevention Act, the owner or operator may request an adjudicatory hearing to contest such action by submitting a written request to the Department which shall include the following information:

1. The name, address, and telephone number of the owner or operator and his or her authorized representative if any;

2. The Department's identification number for the covered process as specified in the owner or operator's registration form;

3. The owner or operator's factual position on each question alleged to be at issue, its relevance to the Department's decision, specific reference to contested conditions as well as suggested revised or alternative conditions;

4. Information supporting the owner or operator's factual position and proposed conditions and copies of other written documents relied upon to support the request for a hearing;

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 disabled persons.

(c) A written hearing request not received within 20 calendar days after receipt by the owner or operator or violator of the notice of a civil administrative penalty assessment and/or an administrative order and/or a written notification from the Department withholding approval of a new covered process and/or a certified letter denying a confidentiality claim or denying a petition to withhold privileged trade secret or security information shall be denied by the Department.

(d) During the pendency of the review and hearing on an administrative order issued pursuant to 7:31-9.5(e), the timetable for compliance with those conditions being appealed in the order shall be suspended.

(e) If the violator fails to include all the information required by (a) or (b) above, the Department may deny the hearing request.

(f) If it grants the request for a hearing, 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 and in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(g) Requests for adjudicatory hearings shall be sent to:

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

N.J. Admin. Code § 7:31-11.3

Amended by R.1988 d.378, effective 8/1/1988.
See: 20 New Jersey Register 350(a), 20 New Jersey Register 1913(b).
Added text in (b) "or of a ... or security information." and added text in (c) "and/or an ... or security information."
Administrative change in (c).
See: 23 New Jersey Register 3325(b).
Amended by R.1993 d.358, effective 7/19/1993.
See: 25 New Jersey Register 1425(b), 25 New Jersey Register 3156(a).
Amended by R.1998 d.355, effective 7/20/1998.
See: 30 New Jersey Register 908(a), 30 New Jersey Register 2728(a).
In (a), deleted "except as provided in (b) below" at the end of the introductory paragraph, and rewrote 2; rewrote (b) and (c); and in (d), changed N.J.A.C. reference.

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