N.J. Admin. Code § 13:20-43.29

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

Section 13:20-43.29 - Request for hearing; third party emission inspector training programs

(a) If an applicant has been notified in accordance with 13:20-43.28(a) that the Chief Administrator refuses to approve a third party emission inspector training program, the applicant shall be entitled to an administrative hearing concerning such refusal provided that the applicant has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the applicant by the Motor Vehicle Commission in accordance with 13:20-43.28(a).

(b) If a third party emission inspector training program provider has been notified in accordance with 13:20-43.28(b) of a proposed withdrawal of approval of its emission inspector training program, the provider shall be entitled to an administrative hearing concerning such proposed withdrawal of approval provided that the emission inspector training program provider has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the provider by the Motor Vehicle Commission in accordance with 13:20-43.28(b).

(c) Any written request for a hearing by a third party emission inspector training program shall be sent to the Motor Vehicle Commission's Emission Inspector Training Program Approval Unit. The address of the Emission Inspector Training Program Approval Unit is Motor Vehicle Commission, 225 East State Street, PO Box 170, Trenton, New Jersey 08666-0170. The hearing request shall contain the following information:

1. The name, certificate number, place of business and telephone number of the third party emission inspector training program;

2. A concise statement of facts constituting each ground of defense;

3. A specific admission, denial or explanation of each fact alleged by the Motor Vehicle Commission in its notice, or if without knowledge thereof, a statement to that effect; any allegation in the Motor Vehicle Commission's notice which is not answered in accordance with this paragraph shall be deemed to have been admitted; and

4. A statement requesting a hearing.

(d) If the third party emission inspector training program provider does not file a written request for a hearing in accordance with (a), (b) or (c) above, the withdrawal of approval of the emission inspector training program shall be effective on the date specified in such notice. The third party emission inspector training program provider shall cease all activities of the business of an emission inspector training program provider effective on the date specified in such notice.

N.J. Admin. Code § 13:20-43.29

New Rule, R.2001 d.358, effective 10/15/2001.
See: 33 New Jersey Register 1894(a), 33 New Jersey Register 3651(b).
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Motor Vehicle Commission" for "Division" and "Chief Administrator" for "Director" throughout; in (a) and (b), substituted "25" for "15" throughout; in (c), substituted "Motor Vehicle Commission's" for "Division's" and "Motor Vehicle Commission" for "Division of Motor Vehicles"; and in (c)3, substituted "Motor Vehicle Commission's" for "Division's".