N.J. Admin. Code § 16:76-3.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:76-3.1 - Notification and dispute process

(a) When NJ TRANSIT contemplates declaring that a carrier is ineligible for the Private Carrier Capital Improvement Program, the Senior Director, Private Carrier Affairs, shall notify the carrier in writing of the preliminary decision, and the reasons therefor, and allow the carrier the opportunity to respond. The carrier shall submit its written response to such communication within 15 business days of the date the communication was received by the carrier. In its response, the carrier shall respond with particularity and detail to each and every assertion made by the initial communication. The carrier may submit any document with its response that may be relevant to the carrier's position.

(b) The Senior Director, Private Carrier Affairs, shall consider the carrier's response on the papers submitted by the carrier and all other relevant material, including the applicable provisions of N.J.S.A. 27:25-1et seq., and any other applicable law and shall render a decision within 30 days of the receipt of the carrier's written response. Where NJ TRANSIT finds it necessary to request additional information, the carrier shall respond accordingly. NJ TRANSIT shall render a decision based on the facts, the law, and any relevant considerations of public policy. A carrier may seek a review of such decision by the Chief, Light Rail and Contract Services, by filing a notice of such intention within 10 days after receipt of the decision by the Senior Director, Private Carrier Affairs. The Chief, Light Rail and Contract Services, shall then establish a schedule for the filing of papers in connection with the carrier's appeal. A decision by the Chief, Light Rail and Contract Services, shall constitute a final agency determination of NJ TRANSIT appealable in the Appellate Division of the Superior Court of New Jersey, as provided by applicable law.

(c) No final action shall be taken by NJ TRANSIT regarding the carrier's eligibility for capital improvements until the carrier has had the opportunity to exhaust its right to respond to NJ transit's preliminary decision or seek review of that decision as described at (b) above.

(d) Where a carrier may be in breach of its obligations under any lease or other contracts between NJ TRANSIT and the carrier, any recourse or remedy for such breach shall be resolved and determined under the terms and conditions of the lease or contract and applicable law.

N.J. Admin. Code § 16:76-3.1

Adopted by 54 N.J.R. 90(b), effective 1/3/2022