N.J. Admin. Code § 17:1-1.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 17:1-1.3 - Hearing request

(a) The applicant will be given written notice of any decision by the Division, Board or Commission. Said notice shall inform the applicant of the appeal process available in the event the applicant disagrees with the decision of the Division, Board or Commission, including the proper procedure for requesting a hearing.

(b) The decision by the agency shall be final unless the applicant shall file a request for a hearing within 45 days after the date of the written notice of the decision.

(c) Administrative hearings will be conducted by the Office of Administrative Law pursuant to the provisions of 52:14B-1 et seq. and N.J.A.C. 1:1.

(d) The following statement shall be incorporated in every written notice setting forth the Division, Board or Commission's determination in a matter where such determination is contrary to the claim made by the claimant or the claimant's legal representative: If you disagree with the determination of the Board, Commission or Division, you may appeal by submitting a written statement to the Board, Commission or Division Director within 45 days after the date of written notice of the determination. The statement shall set forth in detail the reasons for your disagreement with the Board, Commission or Division's determination and shall include any relevant documentation supporting your claim. If no such written statement is received within the 45-day period, the determination by the Board, Commission or Division shall be final.

(e) The Board, Commission or Division Director shall determine whether to grant an administrative hearing based upon the standards for a contested case hearing set forth in the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(f) Administrative hearings shall be conducted by the Office of Administrative Law pursuant to the provisions of 52:14B-1 et seq. and N.J.A.C. 1:1.

(g) If the granted appeal involves solely a question of law, the Board, Commission or Division Director may retain the matter and issue a final determination, which shall include detailed findings of fact and conclusions of law, based upon the documents, submissions and legal arguments of the parties. The Board's, Commission's or Division Director's final determination may be appealed to the Superior Court, Appellate Division.

(h) If the granted appeal involves a question of facts, the Board, Commission or Division Director shall submit the matter to the Office of Administrative Law.

N.J. Admin. Code § 17:1-1.3

Amended by R.2009 d.25, effective 1/5/2009.
See: 40 N.J.R. 4928(a), 41 N.J.R. 277(a).
Rewrote (a); incorporated former (d)(1) into (d); recodified former (d)(2) through (d)(5) as (e) through (h); in (d), substituted "Board, Commission or Division," for the first and third occurrences of "Board (Commission)", "Board, Commission or Division Director" for the second occurrence of "Board (Commission)" and "Board, Commission or Division's" for "Board (Commission's)"; in (e) and (f), deleted "-1 et seq" from the end; in (e), (g) and (h), substituted "Board, Commission or Division Director" for "Board (Commission)"; in (g), substituted "Board's, Commission's or Division Director's" for "Board's (Commission's)"; and in (h), deleted the quotation mark from the end.