N.J. Admin. Code § 16:65-1.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 16:65-1.1 - Purpose

(a) This chapter governs the practice and procedures before the Department of Transportation regarding transportation utility matters, other than contested case hearings, and sets forth the operational and administrative duties of transportation utilities. The Department may impose restrictions upon transportation utilities as public convenience and necessity requires.

(b) Upon determination that a matter constitutes a contested case, the Administrative Procedure Act, 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, shall apply.

(c) This chapter shall be liberally construed to permit the Department to effectively carry out its statutory functions and to secure just and expeditious determinations of matters presented to the Department.

(d) When compliance will be unduly burdensome, impractical, or otherwise not in the public interest, the Department may relax or permit deviations from this chapter. Requests for a waiver from the provisions of this chapter shall be made in writing to the Director and shall include an explanation of the provisions to be waived and a justification for that waiver. The requestor shall be advised of the Department's decision in writing. The Department's decision shall be final.

(e) This chapter is applicable to transportation utilities to the extent not otherwise prohibited by the Federal Constitution and Federal law.

N.J. Admin. Code § 16:65-1.1

Amended by 47 N.J.R. 1997(a), effective 8/3/2015