N.J. Admin. Code § 5:23-2.38

Current through Register Vol. 56, No. 9, May 6, 2024

Section 5:23-2.38 - Department appeal

(a) Whenever the Department shall act as the enforcing agency under the State Uniform Construction Code Act (52:27D-128), an appeal in lieu of the appeal to the county, municipal or joint construction board of appeals may be made to the Hearing Coordinator, Division of Codes and Standards, Department of Community Affairs, PO Box 802, Trenton, NJ 08625.

1. The case shall be adjudicated before the Office of Administrative Law and the final decision shall be issued by the Commissioner.

2. Such hearings shall be governed by the provisions of the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and the time provisions applicable to construction boards of appeal.

(b) Any party in interest aggrieved by any decision made by a facility manager or owner or administering agency with respect to compliance with either the Barrier Free Recreation Standards (N.J.A.C. 5:23- 7.16 through 7.32 ) or the Playground Safety Subcode (N.J.A.C. 5:2311) shall have the right to appeal the decision to the Department.

1. The owner or administering agency of a recreation facility shall forward such case to the Department. Hearings shall be conducted in accordance with the provisions of the Administrative Procedure Act (N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq.) and the Uniform Administrative Procedure Rules (N.J.A.C. 1:1) and the final decision shall be issued by the Commissioner.

2. A "party in interest" may be either the owner, or authorized representative of the owner, of the premises that is the subject of the decision or an occupant, user or prospective occupant or user, of the premises, or a group representative of such occupants, users or prospective occupants or users; provided, however, that an occupant, user or representative group shall only be deemed to be a party in interest if notice of such interest has been given to the Department by the party prior to the issuance of the Department's determination.

N.J. Admin. Code § 5:23-2.38

Amended by R.1982 d.436, effective 12/20/1982.
See: 14 N.J.R. 734(a), 14 N.J.R. 1449(a).
Added appeals to be made to the Division of Housing, cases to be heard by the OAL with final decision by the Commissioner. Also added APA cite.
Amended by R.1988 d.352, effective 8/1/1988.
See: 19 N.J.R. 1270(a), 20 N.J.R. 1873(b).
Added (b).
Amended by R.1991 d.428, effective 8/19/1991.
See: 23 N.J.R. 1730(a), 23 N.J.R. 2500(d).
In (b), added codification 1 through 5. In (b)3, added "what corrective measures shall be required by owner or agency".
Amended by R.1997 d.409, effective 10/6/1997.
See: 29 N.J.R. 2736(a), 29 N.J.R. 4281(a).
In (a), inserted N.J.S.A. reference, amended Division name, and designated second and third sentences as (a)1 and 2; in (a)2, amended N.J.S.A. references and substituted "construction boards of appeal" for "county or municipal boards".
Amended by R.1997 d.417, effective 10/6/1997.
See: 29 N.J.R. 3387(a), 29 N.J.R. 4285(a).
In (a), amended where to appeal.
Amended by R.1999 d.351, effective 10/18/1999.
See: 31 N.J.R. 1838(a), 31 N.J.R. 3082(a).
In (b), inserted a reference to owners and administering agencies, and changed N.J.A.C. reference in the introductory paragraph.

Amended by 53 N.J.R. 1375(a), effective 8/16/2021

Administrative Change, 55 N.J.R. 2002(a), effective 8/16/2023