N.J. Admin. Code § 11:20-11.7

Current through Register Vol. 57, No. 1, January 6, 2025

Section 11:20-11.7 - Hearings

(a) A member may request a hearing on a determination by the Commissioner within 20 days from the date of receipt of such determination as expressly permitted by the chapter as follows:

1. A request for a hearing shall be in writing and shall include:

i. The name, address, daytime telephone number, fax number and e-mail address of a contact person familiar with the matter;

ii. A copy of the Commissioner's determination;

iii. A statement requesting a hearing; and

iv. A concise statement listing the disputed adjudicative facts warranting a hearing and describing the basis for the member's contention that the Commissioner's findings of fact are erroneous.

2. The Commissioner may, after receipt of a properly completed request for a hearing, provide for an informal conference between the member and such personnel of the Department as the Commissioner may direct, to determine whether there are disputed adjudicative facts.

3. The Commissioner shall, within 30 days of a properly completed request for a hearing, determine whether the matter constitutes a contested case, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

i. If the Commissioner finds that the matter constitutes a contested case, the Commissioner shall transmit the matter to the Office of Administrative Law for a hearing consistent with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

ii. If the Commissioner finds that the matter does not constitute a contested case, the Commissioner, with the approval of the Director of the Office of Administrative Law, may, transmit the matter to the Office of Administrative Law for a hearing consistent with N.J.A.C. 1:1-21.

iii. If the Commissioner finds that there are no good-faith disputed adjudicative facts and the matter may be decided on the documents filed, the Commissioner may notify the applicant in writing as to the final disposition of the matter.

N.J. Admin. Code § 11:20-11.7

Amended by R.1998 d.454, effective 9/8/1998.
See: 30 New Jersey Register 2192(a), 30 New Jersey Register 3308(a).
In (a), inserted "listing the material facts in dispute and" in 1iv and added a new 3ii.
Amended by R.2006 d.16, effective 1/3/2006.
See: 37 New Jersey Register 3022(a), 38 New Jersey Register 332(a).
Rewrote the section.