N.J. Admin. Code § 16:54-14.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 16:54-14.1 - Informal hearings

(a) Licensees or applicants may request an informal hearing with the Director regarding any of the following actions: a denial of a petition for exemption, a license suspension, a license revocation, or a denial of an application for a license.

(b) Requests for an informal hearing shall be made in writing to the Director within 20 calendar days of receipt of the notice related to any matters described in (a) above. Requests shall be addressed to:

Director, Division of Multimodal Services

New Jersey Department of Transportation

1035 Parkway Avenue

PO Box 600

Trenton, NJ 08625-0600

(c) If the Director determines that an informal hearing is appropriate, it shall be scheduled within 30 calendar days of receipt of the request.

(d) If the Director determines that an informal hearing is not appropriate, the applicant or licensee shall be informed in writing of the denial of the request for a hearing.

(e) Informal hearings will be heard by the Director. The Director shall hear and review all evidence presented. Any records or documents produced or referred to by the licensee or applicant in an informal hearing shall be provided by the licensee or applicant to the Director at no cost.

(f) The Director shall, within 30 calendar days of the close of the informal hearing, provide the licensee or applicant with a written decision to rescind, modify, or retain the original action.

(g) The Director may, in instances where public exigency exists or where there is potential for substantial savings to the Department, change the time frames or any other requirements provided for in this section. In these instances, the Department shall document, for the record, the rationale for the change and give adequate notice to the licensee or applicant.

(h) If the licensee or applicant intends to challenge the decision in (f) above, an intent to appeal letter must be sent to the Director within 60 calendar days of the close of the hearing. The proceeding shall then be handled as a contested case. The intent to appeal letter shall be addressed to:

Director, Division of Multimodal Services

New Jersey Department of Transportation

1035 Parkway Avenue

PO Box 600

Trenton, NJ 08625-0600

N.J. Admin. Code § 16:54-14.1

Adopted by 48 N.J.R. 1684(a), effective 8/15/2016

Amended by 51 N.J.R. 92(a), effective 1/7/2019