N.J. Admin. Code § 16:41-6.12

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

Section 16:41-6.12 - Appeal process

(a) The appeal process for highway occupancy applications and permits, except for utility opening applications and permits and wireless communications site survey applications and permits, is as follows:

1. The applicant or permittee shall submit a written request for reconsideration to the Regional Maintenance Engineer within 30 days of a notice from the Department. The request shall include reasons for the appeal.

2. Within 10 days of receipt of the reconsideration request, the Regional Maintenance Engineer shall schedule a meeting with the appellant that shall take place within 30 days thereafter. The meeting will provide the appellant with an opportunity to present additional information in furtherance of the appeal.

3. The Regional Maintenance Engineer shall render a decision in writing within 15 days of the meeting and shall so notify the appellant. If the appellant does not agree with the decision of the Regional Maintenance Engineer, the appellant may submit a further appeal to the Executive Director for Regional Operations within 15 days.

4. The Executive Director for Regional Operations shall schedule an informal hearing within 10 days of receipt of the appeal. The Executive Director for Regional Operations shall conduct the hearing. At the hearing, the appellant shall have an opportunity to present additional information.

5. In reaching the final agency decision, the Executive Director for Regional Operations shall consider all of the information previously provided and the additional information presented at the hearing, as well as the criteria set forth in these rules and the public's right and interest in a safe and efficient highway system. The Executive Director for Regional Operations shall render the final agency decision, with reasons, within 10 days of the informal hearing and shall so notify the appellant in writing.

(b) The appeal process for utility opening applications and permits is as follows:

1. The applicant or permittee shall submit a written request for reconsideration to the Regional Maintenance Engineer within 30 days of a notice from the Department. The request shall include reasons for the appeal.

2. Within 10 days of receipt of the reconsideration request, the Regional Maintenance Engineer shall schedule a meeting with the appellant that shall take place within 30 days thereafter and will provide the appellant with an opportunity to present additional information in furtherance of the appeal.

3. The Regional Maintenance Engineer shall render a decision in writing within 15 days of the meeting and shall so notify the appellant. If the appellant does not agree with the decision of the Regional Maintenance Engineer, the appellant may submit a further appeal to the Executive Director of Regional Operations within 15 days.

4. The Executive Director of Regional Operations shall schedule an informal hearing within 10 days of receipt of the appeal. The Executive Director of Regional Operations shall conduct the hearing. At the hearing, the appellant shall have an opportunity to present additional information.

5. In reaching the final agency decision, the Executive Director of Regional Operations shall consider all of the information previously provided and the additional information presented at the hearing, as well as the criteria set forth in these rules and the public's right and interest in a safe and efficient highway system. The Executive Director of Regional Operations shall render the final agency decision, with reasons, within 10 days of the informal hearing and shall so notify the appellant in writing.

(c) The appeal process for wireless communications site survey applications and permits is as follows:

1. The applicant or permittee shall submit a written request for reconsideration to the Supervisor of the Wireless Communications Unit within 30 days of a notice from the Department. The request shall include reasons for the appeal.

2. Within 10 days of receipt of the reconsideration request, the Supervisor of the Wireless Communications Unit shall schedule a meeting with the appellant that shall take place within 30 days thereafter. The meeting shall provide the appellant with an opportunity to present additional information in furtherance of the appeal.

3. The Supervisor of the Wireless Communications Unit shall render a decision in writing within 15 days of the meeting and shall so notify the appellant. If the appellant does not agree with the decision of the Supervisor of the Wireless Communications Unit, the appellant may submit a further appeal to the manager of the office administering major highway access permits within 15 days.

4. The manager of the office administering major highway access permits shall schedule an informal hearing within 10 days of receipt of the appeal and shall conduct the hearing. At the hearing, the appellant shall have an opportunity to present additional information.

5. In reaching the final agency decision, the manager of the office administering major highway access permits shall consider all of the information previously provided and the additional information presented at the hearing, as well as the criteria set forth in these rules and the public's right and interest in a safe and efficient highway system. The manager of the office administering major highway access permits shall render the final agency decision, with reasons, within 10 days of the informal hearing and shall so notify the appellant in writing.

N.J. Admin. Code § 16:41-6.12

Recodified to N.J.A.C. 16:41-6.11 by R.2016 d.025, effective 3/21/2016.
See: 47 N.J.R. 2249(a), 48 N.J.R. 497(a).
Section was "Appeal process".