N.J. Admin. Code § 14:9-6.12

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

Section 14:9-6.12 - Contested case hearing, final joint takeover order, and administrative consent order (ACO)

(a) Any of the parties to the proceedings may petition the Board and the Department for a contested case hearing on the proposed joint takeover order through the procedures at 7:19-5.1 1 or through the procedures for filing a petition at N.J.A.C. 14:1-5.

(b) A party to the proceedings shall submit any request for a contested case hearing to the Board and the Department within 30 days after the party receives the proposed joint takeover order.

(c) The Board and the Department may deny a request for a contested case hearing, whether by a party to the proceedings or another person, if the hearing request:

1. Is not filed within the applicable deadline in this section;

2. Does not meet the requirements at 7:19-5.1 1 and 14:1-5;

3. Does not specify one or more genuine issues of material fact or law that are appropriately and necessarily resolved by an adversarial, adjudicative hearing; or

4. Is based on factual or legal issues that were reasonably ascertainable from the joint hearing report, but were not raised during the comment period provided under 14:9-6.9.

(d) Status as a ratepayer or customer of the noncomplying small water company and/or small sewer company shall not, in itself, confer a right to a hearing apart from the right of Rate Counsel. Even if the hearing request of an interested person is denied, the person may nevertheless apply to intervene or participate in a contested case requested by someone else, in accordance with N.J.A.C. 1:1-16.

(e) If no party to the proceedings submits a hearing request within the applicable time limit in (b) above, the proposed joint takeover order shall become a final order on the 31st day after service upon all the parties to the proceedings of the proposed joint order, and the Department shall, with the concurrence of the Board, finalize the joint administrative consent order (ACO).

(f) If a contested case hearing is granted, Board staff shall notify all parties to proceeding and all these parties shall be entitled to participate fully at the hearing with respect to the issues specified in the grant of the hearing.

(g) If a contested case hearing is granted, the hearing shall be conducted in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and shall be held before one of the following, as determined jointly by the Board and Department:

1. The Department Commissioner;

2. A Board Commissioner; or

3. An Administrative Law Judge.

(h) If one or more timely hearing requests is submitted, the proposed joint takeover order shall become a final order upon the earliest of the following:

1. Denial of all hearing requests in accordance with (c) above;

2. If a hearing request is granted, the abandonment or termination of the contested case hearing at any time prior to a final decision by the Department and the Board; or

3. If a hearing request is granted, and if the contested case hearing is conducted and completed, the issuance of a final decision by the Department and the Board.

(i) After the joint takeover order becomes final under (h) above, the Department and the Board shall serve the final joint takeover order, together with any contested case hearing final decision, upon each of the parties to the proceeding by personal service or certified mail.

(j) The Department and the Board shall also mail or otherwise make available the final joint takeover order to all persons who:

1. Testified at the joint hearing;

2. Submitted comments on the joint hearing report in accordance with 14:9-6.8(p);

3. Submitted a request for a contested case hearing; or

4. Requested permission to intervene or participate in a contested case hearing.

N.J. Admin. Code § 14:9-6.12

New Rule, R.2006 d.367, effective 10/16/2006.
See: 38 N.J.R. 1538(a), 38 N.J.R. 4490(b).
Former N.J.A.C. 14:9-6.12, Compliance with joint order, recodified to N.J.A.C. 14:9-6.13.
Amended by R.2014 d.049, effective 3/17/2014.
See: 45 N.J.R. 2174(a), 46 N.J.R. 550(a).
Section was "Contested case hearing, final joint takeover order and administrative consent order (ACO)". In the introductory paragraph of (c), deleted a comma following "Department"; and in (c)4, updated the N.J.A.C. reference.