N.J. Admin. Code § 5:14A-6.4

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

Section 5:14A-6.4 - Appeals and hearings

(a) A request for an administrative hearing shall be submitted, in writing, within 10-calendar-days following the receipt of the notice or order. Hearing requests shall be addressed to: Hearing Coordinator, Department of Codes and Standards, PO Box 802, Trenton, New Jersey 08625-0802. All hearings shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) When an aggrieved person fails to request a formal hearing within the 10-calendar-day period specified in (a) above, his or her right to a formal hearing shall be deemed waived and the agency action shall become final.

(c) Recipients of an administrative penalty assessment may request the initiation of a settlement conference at the time that a hearing request is made. If a party requests a settlement conference, or the Department determines that a settlement conference might be useful, a settlement conference shall be scheduled and conducted by the Department within 30 days of the receipt of the hearing request.

(d) If a settlement is not agreed upon or no settlement conference is scheduled and a hearing has been requested, the matter shall be transmitted to the Office of Administrative Law (OAL) for hearing.

(e) Payment of the penalty shall be due when a final agency determination is issued or when a notification becomes a final decision because no appeal has been filed.

(f) All payments shall be made payable to the "Treasurer, State of New Jersey" in the form of a certified check or money order, or such other form of payment as may be acceptable to the Department.

(g) Upon final order, the penalty imposed may be recovered with cost pursuant to the Penalty Enforcement Law of 1999, 2A:58-10 et seq.

N.J. Admin. Code § 5:14A-6.4