N.J. Admin. Code § 7:38-13.13

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

Section 7:38-13.13 - Appeal of an administrative order and/or notice of civil administrative penalty assessment

(a) A violator may request an adjudicatory hearing to contest an administrative order, and/or a notice of civil administrative penalty assessment issued under this chapter. To request an adjudicatory hearing, the violator shall submit the following information in writing to the Department at the address in (b) below if none is specified on the order and/or assessment:

1. The name, address, and telephone number of the violator requesting a hearing and his or her attorney or other authorized representative;

2. The violator's defenses to each of the findings of fact in the order and/or notice of civil administrative penalty assessment, stated in short plain terms;

3. An admission or denial of each finding of fact asserted in the order and/or notice of civil administrative penalty assessment. If the violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the violator shall state this and this shall have the effect of a denial. A denial shall address the substance of the finding being denied. When the violator intends in good faith to deny only a part of a finding, or certain qualifying language contained in a finding, the violator shall specify so much of it as is true and deny the remainder. The violator may not generally deny all the findings but must address each finding and itemize his response to each. For each finding the violator denies, the violator shall allege the fact or facts as the violator believes them to be;

4. Copies of all documents, maps or recordings upon which the violator relies to request a hearing and make any denial, defense or assert any fact;

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

6. A statement whether a barrier-free hearing location will be needed to accommodate any physically disabled person attending the hearing.

(b) A request for an adjudicatory hearing pursuant to this subchapter shall be addressed 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

(c) If the Department does not receive the hearing request within 20 calendar days after the violator receives the notice of civil administrative penalty assessment and/or the administrative order that is being contested, the Department shall deny the hearing request.

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

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

N.J. Admin. Code § 7:38-13.13

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