N.J. Admin. Code § 16:47-4.32

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

Section 16:47-4.32 - Appeal process

(a) The appeal process for minor permits is as follows:

1. The applicant shall submit a written request for reconsideration to the Regional Maintenance Office within 30 days of a notice of rejection or unacceptable permit conditions. The request shall include reasons for the appeal. Within seven days of receipt, the Regional Maintenance Office shall forward the request to the Regional Maintenance Engineer, with pertinent documents, and advise the applicant of this action.

2. Within 10 days of receipt of the reconsideration request, the Regional Maintenance Engineer will determine whether to grant the reconsideration request. If the request is granted, the Regional Maintenance Engineer will schedule a meeting, within 30 days of receipt of the request for reconsideration, with the applicant and provide the applicant with an opportunity to present additional information in support of the application.

3. The Regional Maintenance Engineer shall render a decision in writing within 15 days of the meeting and so notify the applicant. If the Regional Maintenance Engineer denies the applicant's request for reconsideration or if the applicant does not agree with the decision of the Regional Maintenance Engineer, the applicant may submit an 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 applicant's appeal. The Executive Director for Regional Operations may conduct the hearing or designate the Manager of the Bureau of Major Access Permits as the hearing officer. At the hearing, the applicant will be afforded an opportunity to present further information justifying the acceptance of the access plan.

5. In reaching the final agency decision, the Executive Director for Regional Operations shall consider the information presented at the hearing and the recommendation of the hearing officer if designated and the criteria set forth in the Act and these rules, the lot owner's right of reasonable access to the general system of streets and highways in the State 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 so notify the applicant in writing.

(b) The appeal process for all major permits, concept reviews, and developer agreements shall be as follows:

1. The applicant shall submit a written request for reconsideration to the Bureau of Major Access Permits within 30 days of a notice of rejection or unacceptable permit conditions. The request shall include reasons for the appeal.

2. Within 10 days of receipt of the reconsideration request, the Manager of the Bureau of Major Access Permits will determine whether to grant the reconsideration request. If the request is granted, the Manager of the Bureau of Major Access Permits will schedule a meeting, within 30 days of the reconsideration request, with the applicant and provide the applicant with an opportunity to present additional information in support of the application.

3. The Manager of the Bureau of Major Access Permits shall render a decision in writing within 15 days of the meeting and so notify the applicant. If the Manager of the Bureau of Major Access Permits denies the applicant's request for reconsideration or if the applicant does not agree with the decision of the Manager of the Bureau of Major Access Permits, the applicant may submit an appeal to the Director, Division of Design Services, within 15 days.

4. The Director, Division of Design Services, shall schedule an informal hearing within 10 days of receipt of the applicant's appeal. The Director, Division of Design Services, may conduct the hearing or designate a Bureau Manager as hearing officer. At the hearing, the applicant will be accorded an opportunity to present further information justifying the acceptance of the access plan.

5. In reaching the final agency decision, the Director, Division of Design Services, shall consider the information presented at the hearing and the recommendation of the hearing officer if designated and the criteria set forth in the Act and these regulations, the lot owner's right of reasonable access to the general system of streets and highways in the State and the public's right and interest in a safe and efficient highway system. The Director, Division of Design Services, shall render the final agency decision, with reasons, within 10 days of the informal hearing and so notify the applicant in writing.

N.J. Admin. Code § 16:47-4.32