N.J. Admin. Code § 7:10-11.17

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:10-11.17 - Requests for adjudicatory hearings

(a) An applicant for a permit under this subchapter or any person, subject to the limitation on third party appeal rights set forth in P.L. 1993, c.359 (52:4B-3.1 through 3.3), who believes himself or herself to be aggrieved with respect to any decision made by the Department regarding such permit application submitted pursuant to this subchapter, may contest the decision and request an adjudicatory hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, if the Department:

1. Denies a permit application, or any part thereof;

2. Revokes, withdraws or modifies a previously issued permit approval; or

3. Issues a permit with conditions that the applicant considers unreasonable.

(b) Requests for an adjudicatory hearing shall be, in writing, and submitted to:

New Jersey Department of Environmental Protection

Office of Administrative Hearings and Dispute Resolution

ATTENTION: Adjudicatory Hearing Request

401 E. State Street, Mail Code 401-07A

PO Box 420

Trenton, New Jersey 08625-0420

(c) A request for an adjudicatory hearing must be received by the Department within 20 calendar days after the date upon which the notice of decision on the permit application was received by the applicant.

(d) A request for an adjudicatory hearing shall be submitted in writing to the Department and shall contain:

1. The name, address and telephone number of the person making the request;

2. A statement of the legal authority and jurisdiction under which the request for a hearing is made;

3. A brief and clear statement of specific facts describing the Department decision for which a hearing is requested; and

4. A statement of all facts alleged to be at issue and their relevance to the Department decision for which a hearing is requested. Any legal issues associated with the alleged facts at issue must also be included.

(e) If the Department does not receive the hearing request within 20 days after receipt by the applicant of the notice of decision on the permit application, the Department shall deny the hearing request.

(f) If the applicant or any person requesting a hearing pursuant to (a) above fails to include all the information required by (d) above, the Department may deny the hearing request.

(g) The Department shall determine whether a request for an adjudicatory hearing should be granted. In making such determination, the Department shall evaluate the request to determine whether a contested case exists and whether there are issues of fact which, if assumed to be true, might change the Department's decision. Where only issues of law are raised by the request for a hearing, the request will be denied. Denial by the Department of a request for an adjudicatory hearing shall constitute the final decision of the Department for the purposes of judicial appeal.

(h) The adjudicatory hearing, if granted, shall be held before an administrative law judge and in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the rules and regulations promulgated thereto.

N.J. Admin. Code § 7:10-11.17

Amended by R.2000 d.354, effective 8/21/2000.
See: 31 N.J.R. 2717(b), 32 N.J.R. 3106(a).

Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023