N.J. Admin. Code § 16:41C-6.4

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

Section 16:41C-6.4 - Appeal of denied application

(a) If an application for an outdoor advertising permit is denied, the applicant may appeal the decision in the following manner:

1. An appeal shall be submitted in writing to the Office of Outdoor Advertising Services at the address found at 16:41C-1.3 within 30 days of the date of the issuance of the Department's notice of denial. The Department may grant an extension of this period upon written request by the applicant and for good cause.

2. An appeal shall request either an informal hearing, a formal hearing, or both.

3. The appeal shall state the reasons why the applicant believes the denial was incorrect.

4. If a written appeal is not submitted within 30 days of the date of the Department's notice of denial, the denial shall be deemed the final administrative decision of the Department.

(b) If an informal hearing is requested, the Office of Outdoor Advertising Services shall schedule an informal hearing within 30 days of its receipt of the written appeal.

1. Within 15 days after the conclusion of the informal hearing, the Office of Outdoor Advertising Services shall issue a written decision confirming, modifying, or vacating the denial of the application. The Department may extend this period for good cause.

2. An applicant may appeal the written decision by submitting a written request to the Office of Outdoor Advertising Services, at the address found at N.J.A.C. 16:41C-1.3, for a formal hearing before the Office of Administrative Law. Requests for formal hearings shall be submitted within 30 days of the issuance of the written decision. The Department may grant an extension to the 30-day period upon written request by the applicant and for good cause.

3. If a written request for a formal hearing is not received within 30 days of the date of the Department's written decision, the written decision shall be deemed the final administrative decision of the Department.

(c) If a formal hearing is requested, the Department shall transmit the matter to the Office of Administrative Law as a contested case. Formal hearings 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.

1. If two or more contested cases have been consolidated pursuant to an order by the Office of Administrative Law or another court of competent jurisdiction, the initial and final decision shall provide for the complete disposition of all matters, including the issuance of permits to the appropriate party, subject to the parties' rights to file exceptions or otherwise appeal.

N.J. Admin. Code § 16:41C-6.4

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