N.J. Admin. Code § 7:50-4.42

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

Section 7:50-4.42 - Decision on review

(a) Determination by Commission: If a hearing is held pursuant to 7:50-4.3, the Commission shall, within 45 days following the notice given pursuant to 7:50-4.40(b) unless extended pursuant to 7:50-4.4, review the record of the hearing and the Executive Director's report only and make a determination as to whether the proposed development should be approved, approved with conditions or disapproved. If a hearing is held before an Administrative Law Judge pursuant to 7:50-4.91, the Commission shall, within 45 days of receipt of the initial decision of the Administrative Law Judge, review the initial decision, the record of the hearing and the application only and approve, approve with conditions or disapprove the proposed development. If no hearing is held because of the failure of the applicant to appear, the Commission shall, within 45 days following the notice given pursuant to 7:50-4.40(b) unless extended pursuant to 7:50-4.4, review the Executive Director's recommendation, the application, other material in the file including any staff reports and the local approval only and approve, approve with conditions or disapprove the proposed development. If no hearing is held because of the failure of the applicant to provide notice, the Commission shall deny the proposed development without prejudice.

(b) Standards: The permit shall be approved or approved with conditions only if the Commission determines that the development as proposed, or with any conditions which are imposed, conforms with the minimum standards established in 7:50-4.16 and the provisions of the relevant certified local ordinance.

(c) Effect of the Commission's decision:

1. If the Commission disapproves the final local approval of any such application, the local permitting agency shall revoke such approval and, thereafter, within 30 days, deny final approval of such application.

2. If the Commission approves the local permitting agency's approval of any such application, subject to conditions, the local permitting agency shall, within 30 days, modify its approval to include all conditions imposed.

N.J. Admin. Code § 7:50-4.42

Emergency Amendment, R.1985 d.399, effective 7/15/1985 (expired September 13, 1985).
See: 17 New Jersey Register 1918(a).
Recodified from 4.32.
Amended by R.1994 d.590, effective 12/5/1994.
See: 26 New Jersey Register 165(a), 26 New Jersey Register 4795(a).