N.J. Admin. Code § 16:64-10.6

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

Section 16:64-10.6 - Formal hearings

(a) Any person authorized to request a formal hearing in this chapter may request a hearing by sending written notice to the Commission. The notice shall be postmarked no later than 30 calendar days after the receipt of the Commission's order. The request for a hearing shall include:

1.The date the Commission's action was received; and

2. A detailed statement of which of the Commission's factual findings or legal conclusions are being challenged and the basis for the challenged issues.

(b)The Commission shall determine if the matter constitutes a contested case as defined in N.J.S.A. 52:14B-1 et seq.

(c) Where the Commission determines that the matter constitutes a contested case, a formal hearing shall be conducted before the Commission or, if the Commission so directs, the matter shall be referred to the Office of Administrative Law for a hearing to be conducted in accordance with N.J.A.C. 1:1. Where the Commission determines that the matter does not constitute a contested case, the Commissions determination shall be deemed final agency decision.

(d) Where the Commission conducts a formal hearing, the following process shall be used:

1. The hearing shall be conducted in accordance with the hearing procedures set forth in N.J.A.C. 1:1; and

2.After reviewing the issues presented, the Commission shall issue a final agency decision in accordance with N.J.S.A. 52:14B-1 et seq.

(e) If the Office of Administrative Law conducts the formal hearing, the Commission shall issue a final agency decision adopting, rejecting, or modifying the Initial Decision in accordance with N.J.S.A. 52:14B-1 et seq.

N.J. Admin. Code § 16:64-10.6

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

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