N.J. Admin. Code § 14:7-2.6

Current through Register Vol. 56, No. 12, June 17, 2024

Section 14:7-2.6 - Adjudicatory hearings

(a) To request an adjudicatory hearing to contest an Administrative Order and Notice of Civil Administrative Penalty Assessment issued pursuant to this subchapter, the alleged violator shall submit the following information in writing to the Secretary of the Board, Attention: Adjudicatory Hearing Request/Pipeline Safety, Board of Public Utilities, 44 South Clinton Avenue, 9th Floor, PO Box 350, Trenton, New Jersey 08625-0350:

1. The name, address and telephone number of the alleged violator and its authorized representative;

2. The alleged violator's defenses, stated in short and plain terms, to each of the Board's preliminary findings of fact contained in the Administrative Order and Notice of Civil Administrative Penalty Assessment;

3. An admission or denial of each of the Board's preliminary findings of fact contained in the Administrative Order and Notice of Civil Administrative Penalty Assessment. If the alleged violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the alleged violator shall so state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. When the alleged violator intends, in good faith, to deny only a part of or qualify a finding, the alleged violator shall specify so much of it as true and material and deny only the remainder. The alleged violator may not generally deny all of the findings but shall make all denials as specific denials of designated findings. For each finding denied, the alleged violator shall allege the fact or facts as the alleged violator believes it or them to be;

4. Information supporting the request and specific reference to or copies of other written documents relied upon to support the request;

5. An estimate of the time required for the hearing (in days and/or hours); and

6. A request, if necessary, for a barrier-free hearing location to accommodate physically disabled persons.

(b) If the Board does not receive the hearing request within 20 days after service on the violator of the Administrative Order and Notice of Civil Administrative Penalty Assessment being challenged, the Board shall deny the hearing request.

(c) If the alleged violator fails to include all the information required by (a) above or if upon review of the submission, the Board determines that there is no dispute of material facts, the Board may deny the hearing request.

(d) All adjudicatory hearings shall be conducted in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rule, N.J.A.C. 1:1.

N.J. Admin. Code § 14:7-2.6

Amended by R.1998 d.146, effective 3/16/1998.
See: 29 N.J.R. 5184(a), 30 N.J.R. 1050(a).
In (a), substituted a reference to N.J.S.A. 48:9-33 for a reference to the Act.
Recodified from N.J.A.C. 14:7-2.5 and amended by R.2009 d.69, effective 3/2/2009.
See: 40 N.J.R. 4915(a), 41 N.J.R. 1083(a).
Section was "Procedures to request an adjudicatory hearing to contest an administrative order and notice of civil administrative penalty assessment and procedures for conducting adjudicatory hearings". In the introductory paragraph of (a), substituted "this subchapter" for "N.J.S.A. 48:9-33"; in (a)2 and (a)3, inserted "preliminary"; in (b), substituted "service on" for "receipt by", and in (c), inserted "or if upon review of the submission, the Board determines that there is no dispute of material facts". Former N.J.A.C. 14:7-2.6, Civil administrative penalty determination, recodified to N.J.A.C. 14:7-2.7.
Administrative change.
See: 43 N.J.R. 1896(a).