Current through Register Vol. 56, No. 24, December 18, 2024
Section 5:23-4A.8 - Appeals(a) Any person, firm, or corporation aggrieved by any decision or action undertaken pursuant to this subchapter may file an appeal.(b) The appellant shall file the appeal within 30 calendar days after receipt of the decision or action that is the basis of the appeal.(c) The appeal may be filed either in person or by mail and shall be addressed to the Hearing Coordinator, Division of Codes and Standards, PO Box 802, Trenton, New Jersey 08625-0802.(d) The appeal shall be in writing and shall contain sufficient information as set forth in (e) below to apprise the Department of the decision or action being appealed and the facts and circumstances surrounding the decision or action.(e) The appeal shall include, where applicable, the following information and documentation: 1. A copy of the decision or action that is the subject of the appeal;2. A description of the industrialized/modular building or building component affected and, if available, a copy of the building system plans or design, compliance assurance program, or other document involved;3. A statement of the relief sought by the appellant; and4. If the Commission has made a prior decision or completed another action on this appeal (or one like it) and a hearing has already been conducted pursuant to the Uniform Administrative Procedures, the appellant shall include a copy of the prior decision or information on the other action with this appeal. In the event of an appeal from an action or decision of an evaluation and inspection agency, the application shall contain a copy or, if that is unavailable, a written statement of the prior decision or other action of the agency being appealed.N.J. Admin. Code § 5:23-4A.8
The following annotations apply to N.J.A.C. 5:23-4A.8 prior to its repeal by R.2013 d.064:
Amended by R.1990 d.507, effective 10/15/1990.
See: 22 N.J.R. 2208(a), 22 N.J.R. 3214(a).
Text conformed to BOCA National Code/1990.
Amended by R.1993 d.662, effective 12/20/1993.
See: 25 N.J.R. 3891(a), 25 N.J.R. 5918(a).
Repeal and New Rule, R.1994 d.96, effective 2/22/1994.
See: 25 N.J.R. 5388(a), 26 N.J.R. 1073(a).
Section was "Approvals of building systems and compliance assurance programs".
The following annotations apply to N.J.A.C. 5:23-4A.8 subsequent to its recodification from N.J.A.C. 5:23-4A.11 by R.2013 d.064:
Amended by R.1993 d.662, effective 12/20/1993.
See: 25 N.J.R. 3891(a), 25 N.J.R. 5918(a).
Repeal and New Rule, R.1994 d.96, effective 2/22/1994.
See: 25 N.J.R. 5388(a), 26 N.J.R. 1073(a).
Section was "Enforcing agency procedures and inspections".
Amended by R.1997 d.409, effective 10/6/1997.
See: 29 N.J.R. 2736(a), 29 N.J.R. 4281(a).
Recodified from N.J.A.C. 5:23-4A.11 and amended by R.2013 d.064, effective 4/15/2013.
See: 45 N.J.R. 6(a), 45 N.J.R. 891(a).
Rewrote the section. Former N.J.A.C. 5:23-4A.8, Product control and identification, repealed.