N.J. Admin. Code § 11:16-7.8

Current through Register Vol. 56, No. 11, June 3, 2024

Section 11:16-7.8 - Request for a hearing

(a) A respondent shall have 20 calendar days from the date of service of an administrative complaint within which to deliver a written request for a hearing to the BFD.

(b) A request for a hearing shall include:

1. The name, address and daytime telephone number of the respondent;

2. The caption and agency number of the administrative complaint;

3. A statement requesting a hearing;

4. A specific admission, denial, or explanation of each fact alleged in the administrative complaint, or a statement that the respondent is without knowledge of the action(s) complained of. A respondent shall not generally deny all of the allegations but shall make denials as specific denials that meet the substance of the designated allegations of the complaint; and

5. A concise statement of the facts or principles of law claimed to constitute a factual or legal defense.

(c) If a request for a hearing lacks any of the elements in (b) above, the BFD may deny the request or advise the requester in writing of the deficiencies and provide an additional 10 calendar days from the issuance of the deficiency letter to correct them. If no reply correcting the deficiencies is received by the BFD within 10 calendar days, the BFD may deny the request for a hearing and issue a final order without holding a hearing.

(d) Upon receipt of a properly completed request for a hearing, the Assistant Commissioner, BFD or such other BFD personnel as may be designated by the Commissioner, shall examine the request and may conduct or direct such further proceedings as may be appropriate, including, but not limited to, an interview with the respondent.

(e) Not later than 30 days after the receipt of a properly completed request for a hearing, the Assistant Commissioner, BFD, or such other BFD personnel as may be designated by the Commissioner, shall advise the respondent of the manner of disposition, which may be as follows:

1. Withdrawal of the administrative complaint with or without prejudice;

2. Resolution by administrative consent order, which may provide for a lesser or different civil and administrative penalty than that originally sought; or

3. A finding that the matter constitutes a contested case, pursuant to the Administrative Procedure Act, 52:14B-1 et seq. In such case, the BFD shall transmit the matter to the Office of Administrative Law for a hearing consistent with the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(f) Computation of time shall be in accordance with 1:1-1.4.

(g) The burden of proof in a contested case shall rest upon the petitioner and shall be met by a preponderance of the credible evidence.

N.J. Admin. Code § 11:16-7.8