N.J. Admin. Code § 7:12-9.4

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

Section 7:12-9.4 - Request for an adjudicatory hearing on a permit decision

(a) Any person, subject to the limitation on third party appeal rights set forth in 52:14B-3.1through 3.3, aggrieved by a permit decision made by the Department, including suspension of a permit in accordance with 7:12-9.1, may request an adjudicatory hearing pursuant to the Administrative Procedure Act, 52:14B-1et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) A request for an adjudicatory hearing must be received by the Department within 30 calendar days after the person requesting the hearing receives notice of the Department's decision. If the Department does not receive a hearing request within the allotted time, it shall deny the hearing request.

(c) A person requesting a hearing shall provide the following information in writing to the Department at the addresses in (e) below:

1. The name, address, telephone number, and e-mail address of the person requesting the hearing, and the person's authorized representative (if any);

2. The date the person requesting the hearing received the decision document and a copy of the decision document;

3. Any facts or principles of law that the person requesting the hearing believes constitute a defense;

4. Any other information or documents supporting the request;

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

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

(d) If the person fails to include all of the information required by (c)1 through 6 above, the Department may deny the hearing request.

(e) A request for an adjudicatory hearing shall be submitted to the Department at the address listed below, with a copy to the Bureau at the address at N.J.A.C. 7:12-1.1(l):

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

N.J. Admin. Code § 7:12-9.4

Adopted by 48 N.J.R. 1911(a), effective 9/19/2016

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