N.J. Admin. Code § 5:24-2.7

Current through Register Vol. 56, No. 9, May 6, 2024

Section 5:24-2.7 - Administrative hearings

(a) Any person aggrieved by any determination of an administrative agency or officer shall be entitled to an administrative hearing before such agency or officer or before a hearing officer designated by such agency or officer.

(b) Application for an administrative hearing shall be made within 10 days of receipt by the aggrieved person of notice of such determination. The application shall include a statement setting forth a credible factual basis for a finding that a determination either granting or denying protected tenancy status, as the case may be, was based upon incorrect or incomplete information and/or setting forth the manner in which the determination is alleged to be contrary to law.

(c) All notices of determination issued by an administrative agency or officer shall advise the recipient of the right to a hearing and of the 10 day application requirement, including the information required to be included in the application, and shall give the name and address of the person to whom applications for hearings are to be made.

(d) Administrative hearings shall be held within 10 days of application therefor, except that the administrative agency or officer may hold hearings later due to extenuating circumstances such as, without limitation, a large number of applications for hearings being received within a short period of time.

(e) Notice of administrative hearings shall be given to all known parties in interest, all of whom shall have the opportunity to testify and present evidence and to examine adverse witnesses and evidence, including without limitation, application forms and supporting documentation previously submitted to the administrative agency or officer.

(f) A sound recording of the administrative hearing shall be made, and a transcript shall be obtainable, in accordance with the rules applicable to the municipal courts.

(g) Within 10 days of the hearing, the administrative agency or officer shall issue a written final decision either upholding or revising the original determination and stating the reasons therefor. Appeal from such final decision shall be to the courts.

N.J. Admin. Code § 5:24-2.7

Amended by R.1988 d.361, effective 8/1/1988.
See: 20 New Jersey Register 437(a), 20 New Jersey Register 1878(a).
Added text to (b) "The application shall ..." and added text to (c) "including the information required to be included in the application".