N.J. Admin. Code § 16:64-10.5

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

Section 16:64-10.5 - Informal hearing

(a) The Commission may issue an order to a pilot or apprentice to appear and show cause as to why the Commission should decline to enter a proposed order.

(b) A written notice of the order to show cause will include the following information:

1. The date, time, and place where the pilot or apprentice is required to appear;

2. The action proposed to be ordered;

3. Where appropriate, the Commission's grounds for the order or proposed action;

4. Where appropriate, notice that the pilot or apprentice has the right to challenge the Commission's proposed action;

5. The date the proposed action will become effective; and

6. A statement that failure to appear by the pilot or apprentice may result in entry of the proposed action.

(c) The written notice shall, at least 15 days before the informal hearing, be delivered to the person:

1.By personal service; or

2. By certified mail return receipt requested to the pilots or apprentices usual place of abode as it appears in the records of the Commission.

(d) The informal hearing shall not be conducted in accordance with the formal hearing procedures set forth in N.J.A.C. 1:

1. However, any person appearing at an informal hearing shall have the right to present information, produce documents, and/or witnesses, and bring an attorney or other representative pursuant to New Jersey Court Rule R. 1:21-1(e).

(e) The Commission shall give due consideration of the information, documents, and issues presented. The Commission, by a majority vote of the Commissioners present, will then either: enter, amend, or decline to enter the proposed order. The Commission may also continue the informal hearing at a later date.

(f) If a pilot is authorized by this chapter to request a formal hearing or is entitled to a formal hearing, the order issued at the conclusion of an informal hearing shall provide notice that the pilot has 30 days from receipt of the Commission's order to request a formal hearing, pursuant to N.J.A.C. 16:64-10.6. If the 30-day period should end without submission to the Commission of a written request for a formal hearing by the pilot or if the pilot is not entitled to request a formal hearing, the order will be considered a final agency decision for purposes of the Administrative Procedures Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq.).

(g) Any pilot or apprentice, with the consent of the Commission, may waive the 15-day notice requirement or give consent to immediate entry of a proposed order without an informal hearing. Consent may be given by either a verbal statement during a public meeting or written notification provided to the Commission's office.

N.J. Admin. Code § 16:64-10.5

Amended by 46 N.J.R. 1703(a), effective 7/21/2014.

Amended by 49 N.J.R. 1452(a), effective 6/5/2017