N.J. Admin. Code § 16:41C-12.1

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

Section 16:41C-12.1 - Notices, protests, and hearings

(a) When the Department determines that any person has committed a violation of any provision of this chapter, that the removal of a sign is required, or that a permit or license is to be revoked or suspended, the Department shall issue to that person a written notice. The notice shall indicate the reason for the Department's determination. Where a notice of violation is issued, a copy of the violation report shall be included. Any notice may be issued concurrently with another notice. Within 30 days after receipt of the notice, that person shall:

1. Correct the violation;

2. Remove the sign or signs; or

3. File a written protest with the Office of Outdoor Advertising Services at the address found at 16:41C-1.3 stating the reason for protest and requesting either an informal hearing before the Office of Outdoor Advertising Services or a formal hearing before the Office of Administrative Law, or both.

(b) If a person to whom the Department has issued a notice does not file a protest in accordance with (a)3 above within 30 days of the receipt of notice, the Department's determination of violation and revocation shall be deemed the final agency decision.

(c) The filing of a protest shall not abate the accrual of penalties.

(d) A protestor or his or her duly authorized agent shall sign the protest.

(e) The Department shall schedule an informal hearing within 30 days of its receipt of a request therefor pursuant to (a)3 above unless extended by agreement.

(f) Within 15 days of the conclusion of an informal hearing, a written decision shall be issued by the Department, confirming, modifying, or vacating the initial determination of the Office of Outdoor Advertising Services. Within 30 days of receipt of the Department's written decision, a protestor may request a formal hearing before the Office of Administrative Law, which shall be conducted in accordance with the Administrative Procedure Act, 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The Department's written decision shall be a final decision if a request for a formal hearing is not made in the manner set forth in this subsection.

N.J. Admin. Code § 16:41C-12.1

Adopted by 47 N.J.R. 540(a), effective 3/2/2015