N.J. Admin. Code § 7:9D-4.8

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

Section 7:9D-4.8 - Procedures to request an adjudicatory hearing to contest an administrative order, administrative penalty assessment, suspension of license, revocation of license or permit, or the denial of license or a permit

(a) Any person (petitioner) requesting an adjudicatory hearing to contest an administrative order, civil administrative penalty assessment, denial, suspension, or revocation of a license or permit or to challenge any permit or license condition, or who believes himself or herself to be aggrieved with respect to decisions made by the Department, shall:

1. Submit the original request in writing to:

New Jersey Department of Environmental Protection

Office of Administrative Hearings and Dispute Resolution

ATTENTION: Adjudicatory Hearing Request

401 E. State Street, Mail Code 401-07A

PO Box 420

Trenton, New Jersey 08625-0420

2. Submit a copy of the request to the offices indicated in the document being contested.

(b) All written requests for an adjudicatory hearing must be received by the Department within 20 calendar days after receipt by the petitioner of notice of the Department's action being contested. If the Department does not receive a hearing request within the allotted time, it shall deny the hearing request.

(c) Any written request for an adjudicatory hearing shall include the following:

1. The name, address and telephone number of the petitioner and of its legal or authorized representative;

2. The date the petitioner received a copy of the document being contested;

3. A copy of the document being contested;

4. A list of all issues being contested;

5. An admission or denial of each of the Department's findings of fact;

i. If the petitioner lacks sufficient knowledge or information to form a belief as to the truth of a finding, the petitioner shall so state and this shall have the effect of a denial.

ii. A denial shall fairly meet the substance of the findings denied. When the petitioner intends, in good faith to deny only part or a qualification of a finding, the petitioner shall specify so much of it as is true and material and deny only the remainder.

iii. The petitioner may not generally deny all of the findings, but shall make all denials as specific denials of designated findings.

iv. For each finding the petitioner denies, the petitioner shall allege the fact or facts as the petitioner believes it or them to be;

6. A description of any facts or issues which the petitioner believes constitute a defense to the allegations made by the Department;

7. Information and documentation supporting the hearing request and specific reference to, or copies of, other written documents relied upon to support the request;

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

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

(d) If the petitioner fails to provide all of the information required by (c) above, the Department may deny the hearing request.

(e) All adjudicatory hearings 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.

(f) No permit or license which is the subject of a final order of suspension, revocation, or denial shall be valid during the pendency of any action on appeal to a court of competent jurisdiction from that order, unless a stay of the final order has been granted.

N.J. Admin. Code § 7:9D-4.8

Amended by 50 N.J.R. 171(a), effective 1/2/2018

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