N.J. Admin. Code § 7:10-3.5

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

Section 7:10-3.5 - Procedures to request an adjudicatory hearing to contest an administrative order and/or a notice of civil administrative penalty assessment; procedures for conducting adjudicatory hearings

(a) To request an adjudicatory hearing to contest an administrative order and/or notice of civil administrative penalty assessment issued pursuant to the State Act, the person to whom the administrative order and/or notice of civil administrative penalty assessment was issued shall submit the following information, in writing, to the Department at the New Jersey Department of Environmental Protection, Office of Administrative Hearings and Dispute Resolution, ATTENTION: Adjudicatory Hearing Requests, 401 E. State Street, Mail Code 401-07A, PO Box 420, Trenton, New Jersey 08625-0420.

1. The name, address, and telephone number of the person to whom the administrative order and/or notice of civil administrative penalty assessment was issued and his or her authorized representative;

2. A copy of the administrative order and/or notice of civil administrative penalty assessment being contested;

3. The person's defenses to each of the findings of fact stated in short and plain terms;

4. An admission or denial of each of the findings of fact. If the person is without knowledge or information sufficient to form a belief as to the truth of a finding, the person shall so state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. When the person intends in good faith to deny only a part or a qualification of a finding, the person shall specify so much of it as is true and material and deny only the remainder. The person may not generally deny all of the findings but shall make all denials as specific denials of designated findings. For each finding the person denies, the person shall allege the fact or facts as the person believes it or them to be;

5. Information supporting the request and specific reference to or copies of other written documents relied upon to support the request;

6. An estimate of the time required for the hearing (in days and/or hours);

7. A request, if necessary, for a barrier-free hearing location for physically disabled persons; and

8. If the petitioner intends to attempt a resolution of the case pursuant to 1:1-8.1(b), a statement to that effect.

(b) If the Department does not receive the written request for a hearing within 35 days after receipt by the person of the administrative order and/or notice of civil administrative penalty assessment being contested, the Department shall deny the hearing request.

(c) If the person fails to include all the information required by (a) above, the Department may deny the hearing request.

(d) All adjudicatory hearings held pursuant to this section shall be conducted in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 7:10-3.5

Amended by R.2000 d.354, effective 8/21/2000.
See: 31 N.J.R. 2717(b), 32 N.J.R. 3106(a).
Amended by R.2011 d.039, effective 2/7/2011.
See: 42 N.J.R. 17(a), 42 N.J.R. 642(a), 43 N.J.R. 289(a).
In (b), substituted "35" for "20".

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