N.J. Admin. Code § 19:34B-2.5

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

Section 19:34B-2.5 - Requests for reconsideration and appeal

(a) Requests for reconsideration arising from decisions of the Authority pursuant to 19:34B-2.3 and 2.4 and any other determination of the Authority under this chapter, shall be made in writing within 30 days of the receipt of the Authority's decision, and an opportunity shall be given for an informal hearing on the papers, in person or via telephone with an Authority hearing officer or panel designated to review the matter. The determination of the Authority, based on the recommendation of the hearing officer or panel, shall be presented in a written decision within 30 calendar days of the conclusion of the hearing unless, due to the circumstances of the hearing, a longer time is required.

1. Informal hearings will be held, where feasible, within 14 business days of the receipt of the request.

2. Hearings will be heard, where practicable, by a hearing officer designated by the Chief Executive Officer, or his or her designee.

3. In an informal hearing, the Authority may, in instances where public exigency exists, modify or amend the time frames or any other requirements provided in this section. In these instances, the Authority shall document, for the record, the rationale for such amendment and give adequate notice to the parties involved.

(b) In the event of an adverse decision after an informal hearing under (a) above, or if a district determines not to seek an informal hearing, and providing further, that the dispute or controversy is a contested case, as defined in 52:14B-2(b), a district may request a formal hearing, within 60 days of the written decision resulting from the informal hearing or within 90 days of the determination of the Authority if an informal hearing is not sought.

(c) Upon filing of the initial pleading in a contested case, the Board of the Authority may by resolution either retain the matter for hearing directly or transmit the matter for hearing before the Office of Administrative Law. Such hearings shall be governed by the provisions of the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(d) Every determination by the Authority of a dispute or controversy arising from this chapter, constituting final agency action by the Board, shall be embodied in a written decision which shall set forth findings of fact and conclusions of law.

N.J. Admin. Code § 19:34B-2.5