N.J. Admin. Code § 11:27-14.7

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

Section 11:27-14.7 - Procedures for review and action on filings requiring prior approval

(a) In computing any period of time fixed by this subchapter, the day of the act or event from which the designated period begins to run is not to be included. The last day of the period so computed is to be included, unless it is on a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor legal holiday.

(b) Provisions of this subchapter that establish time limits may be relaxed or modified by the Commissioner for good cause shown.

(c) A determination by the Department that a filing requiring prior approval is complete relates solely to the presence in the filing of the items required by N.J.A.C. 11:27-14.6 and shall not be considered a finding regarding the accuracy or reasonableness of the information or calculations.

(d) The time period for the Department's review of a prior approval filing shall commence the day after the filing is received.

(e) The Department shall advise the filer if the filing is incomplete not later than 15 days after receipt of the filing.

1. The filing shall be deemed to be complete if the filer is not notified that the filing is incomplete within the 15-day period.

2. Notice to the filer that the filing has been found to be incomplete shall specify the missing item(s) or information.

3. The Department may disapprove an incomplete filing as a nonconforming filing. Any resubmission of the filing after the deficiency has been cured shall be considered initial receipt.

(f) If the Department requests further information from the filer, which information must be provided to the Department upon request, the filer shall submit the information to the Department within 10 days of the receipt of the request.

(g) Not later than 45 days after receipt of a filing requiring prior approval by the Department, the filer may request in writing a hearing on the filing. A request for hearing shall include a statement of facts and issues in sufficient detail so as to notify the Department and any other party of the matters in dispute.

(h) Upon receipt of a request for a hearing, or not later than 60 days after receipt of a filing by the Department, the Commissioner shall determine whether the matter is a contested case and notify all parties in writing.

1. If no hearing is requested the Commissioner shall enter an appropriate final determination disposing of all issues raised by the filing. The final determination shall be issued not later than 60 days from receipt of the filing, except for good cause the Commissioner may extend the time to issue a final determination by not more than 30 days.

2. If a hearing is requested the Commissioner may hear the matter; direct that the matter be transmitted to the Office of Administrative Law; or may appoint a salaried employee of the Department to hear the matter pursuant to N.J.S.A. 17:29A-14c.

(i) The hearing shall be conducted pursuant to the provisions of N.J.S.A. 17:29A-14c and the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and applicable administrative rules, N.J.A.C. 1:1 and 1:11.

N.J. Admin. Code § 11:27-14.7