N.J. Admin. Code § 13:21-15.14

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

Section 13:21-15.14 - Hearings

(a) Except as provided at N.J.A.C. 13:21-15.15, prior to revoking, suspending, declining to renew a dealer license, denying an application for a dealer license, or prohibiting any activity for which a dealer license is required, the Chief Administrator will send a Notice of Proposed Administrative Action (Notice) to the licensee's or applicant's business address provided to the Commission.

(b) Within 25 days of the date of the Notice, the licensee or applicant may request a hearing concerning the proposed administrative action.

(c) The hearing request must be, in writing, and must list all contested issues of material fact, issues of law, and mitigating circumstances that the licensee or applicant intends to demonstrate. The hearing request must be postmarked no later than the 25th day of the date of the Notice.

(d) If the Chief Administrator finds that there exist issues of material fact or potentially mitigating circumstances, the matter will be referred for a hearing at the Office of Administrative Law. Hearings on matters that have been referred to the Office of Administrative Law shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 and 1:13.

(e) Prior to referring the matter for a hearing at the Office of Administrative Law, the Chief Administrator may, in his or her sole discretion, elect to conduct a prehearing conference at the Commission.

(f) If there are no material facts in dispute or specific mitigating circumstances subject to proof or if the licensee does not respond to the Notice within 25 days from the date of the notice, the Chief Administrator shall issue a Final Administrative Determination appealable only to the Appellate Division of the Superior Court.

(g) Except in the case of extraordinary circumstances, it shall not be a defense to proposed administrative action based on a failure to respond to a Notice that the licensee or applicant was not present at the business address provided to the Commission.

(h) Nothing in this subchapter shall prevent the Chief Administrator from seeking to resolve any administrative matters through informal means at any stage of administrative proceedings described in this section.

N.J. Admin. Code § 13:21-15.14

New Rule, R.2006 d.98, effective 3/6/2006.
See: 37 N.J.R. 1002(a), 38 N.J.R. 1324(a).
Amended by R.2014 d.007, effective 1/6/2014.
See: 45 N.J.R. 870(a), 46 N.J.R. 122(a).
In (f), inserted "within 25 days from the date of the notice", and substituted "shall" for "will".
Amended by R.2014 d.058, effective 4/7/2014.
See: 45 N.J.R. 2178(a), 46 N.J.R. 631(a).
In (c) and (g), inserted "applicant or"; in (g), deleted "or applicant" following "licensee", and substituted "Commission's" for "MVC"; and in (h), substituted "in this subchapter" for "herein".

Amended by 56 N.J.R. 1032(a), effective 6/3/2024