N.J. Admin. Code § 17:20-5.4

Current through Register Vol. 56, No. 17, September 3, 2024

Section 17:20-5.4 - Hearings for agents and courier services

(a) The Director may personally hold hearings required by law and any person entitled to a hearing shall receive one upon proper request. All hearings shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Where the suspension has been instituted summarily, the agent or courier service shall be entitled to a hearing on an expedited basis.

(b) The request for a hearing shall:

1. Be in writing, signed by the petitioner or attorney on behalf of the petitioner and include the petitioner's mailing address.

2. Specify the ruling, action or matter on which the hearing is requested and indicate what relief is desired.

(c) A petition or request to the Director for hearing or other relief, unless otherwise required by law or these rules and regulations, must be received by the Director within 15 days after the date of service of the notice of the action.

(d) If the petitioner without sufficient reasons fails to appear at the scheduled hearing, such failure may be treated as a withdrawal of the petition or request. The Director may in the exercise of discretion dismiss the petition, adjourn the hearing to a future date or take such action as may be just and proper under the circumstances.

(e) All hearings and contested cases will be held at Lottery headquarters unless otherwise specified by the Director or unless referred to the Office of Administrative Law.

(f) All hearings before the Director are public hearings and shall be recorded. The Director may close to the public portions of the hearing during which confidential matters, such as lottery system security, agent or courier financial matters, or courier customer information will be addressed or discussed, but the closed portion of the hearing shall be recorded. The Director's reason for closing the hearing shall be placed into the hearing record. Upon receipt of a request for a transcript of such a hearing, the Director will direct that a transcript of the hearing be prepared or will send the appropriate recording to an outside transcribing service for preparation of the transcript. The cost of preparing said transcript shall be billed to the party making the request, who shall also be responsible for any deposit that may be required by the transcriber or by administrative rule. Any closed portion of the hearing shall be redacted from the transcript.

N.J. Admin. Code § 17:20-5.4

Amended by 50 N.J.R. 1826(b), effective 8/6/2018