Statutes, codes, and regulations
New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTIONChapter 36 - GREEN ACRES PROGRAM
Subchapter 25 - REQUIREMENTS FOR MAINTENANCE OF PARKLAND; WHAT CONSTITUTES A DISPOSAL OR DIVERSION OF PARKLAND; AMENDMENT OF RECREATION AND OPEN SPACE INVENTORIES; ADMINISTRATIVE TRANSFER OF PARKLAND; CHANGES IN USE OF PARKLAND; CONSTRUCTION OF BUILDINGS ON PARKLAND; FEES; PUBLIC ACCESS TO AND USE OF PARKLAND; LEASES, USE AGREEMENTS AND CONCESSION AGREEMENTS; DESIGNATED COMMUTER PARKING LOTS; ADJUDICATORY HEARING REQUESTS
Section 7:36-25.16 - Adjudicatory hearing requests

N.J. Admin. Code § 7:36-25.16

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Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:36-25.16 - Adjudicatory hearing requests
(a) A local government unit, or any other person with a constitutional right to request a hearing, that is aggrieved by one of the following decisions by the Department may request an adjudicatory hearing:
1. Denial of a ROSI amendment request under 7:36-25.3(g); or
2. A determination under 7:36-25.3(g) that a parcel was held for recreation and conservation purposes at the time of receipt of Green Acres funding.
(b) To request an adjudicatory hearing, the local government unit or other person with a constitutional right to request a hearing shall, within 30 days of the Department's issuance of a notice of its decision, submit a written hearing request including the information listed at (d) 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

(c) A local government unit or other person with a constitutional right to request a hearing that submits a request for an adjudicatory hearing under (b) above shall also send a copy of the hearing request to:

New Jersey Department of Environmental Protection

Green Acres Program

Bureau of Legal Services and Stewardship

PO Box 412

Trenton, New Jersey 08625-0412

(d) The following information shall be included in a request for an adjudicatory hearing:
1. The name, address, and telephone number of the local government unit or other person with a constitutional right to request a hearing and its authorized representative;
2. A copy of the written notice of the decision provided by the Department to the local government unit that is the subject of the hearing request and, if the local government unit is requesting the hearing, proof of the date the local government unit received the notice;
3. A statement of the appellant's basis for contesting the Department's decision that is the subject of the hearing request;
4. Information supporting the hearing request and specific reference to or copies of other written documents relied on to support the request;
5. An estimate of the time required for the hearing (in days and/or hours);
6. A request, if necessary, for a barrier-free hearing location for physically disabled persons; and
7. An indication of whether the local government unit or other person with a constitutional right to request a hearing is willing to negotiate a settlement with the Department prior to the Department's sending the hearing request to the Office of Administrative Law.
(e) If the local government unit or other person with a constitutional right to request a hearing fails to include all of the information required under (d), the Department may deny the hearing request.
(f) Any adjudicatory hearing held under this section shall be conducted in accordance with the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 7:36-25.16

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