N.J. Admin. Code § 7:1E-6.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1E-6.4 - Procedures for requesting and conducting adjudicatory hearings

(a) If the Department does not receive a hearing request within 20 calendar days after receipt by the violator of an administrative order or notice of civil administrative penalty assessment, conditions of approval for any plan, or amendment to a plan, or denial or revocation of approval of any plan or amendment being challenged, the Department shall deny the hearing request.

(b) To request an adjudicatory hearing to contest an administrative order or notice of civil administrative penalty assessment issued pursuant to the Act, or conditions of approval for any plan, or amendment to a plan, or the denial or revocation of approval of any plan or amendment to a plan required pursuant to the Act, the violator shall submit the following information in writing, on forms provided by the Department, to the Department at the addresses in (e) below:

1. The name, address, and telephone number of the person requesting the hearing and his or her authorized representative;

2. A copy of the administrative order or notice of civil administrative penalty assessment, or the approval or the denial or revocation of approval of any plan or amendment and a list of all issues being appealed;

3. An admission or denial of each of the Department's findings of fact in the administrative order or notice of civil administrative penalty assessment, or denial or revocation of approval of a plan or amendment to a plan. If the violator is without knowledge or information sufficient to form a belief as to the truth of a finding, the violator 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 violator intends in good faith to deny only a part or a qualification of a finding, the violator shall specify so much of it as is true and material and deny only the remainder. The violator may not generally deny all of the findings, but shall make all denials as specific denials of designated findings. For each finding the violator denies, the violator shall allege the fact or facts as the violator believes it or them to be;

4. The violator's defenses to each of the Department's findings of fact in the administrative order or notice of civil administrative penalty assessment, or reasons for denial or revocation of approval, stated in short and plain terms;

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. A clear indication of any willingness to negotiate a settlement with the Department prior to the Department's processing of the hearing request to the Office of Administrative Law.

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

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

(e) Requests for adjudicatory hearings shall be sent to:

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

With a copy sent to:

Bureau of Release Prevention

New Jersey Department of Environmental Protection

401 East State Street, 7^th floor

PO Box 420, Mail Code 22-03D

Trenton, New Jersey 08625-0420

Attention: Adjudicatory Hearing Request

N.J. Admin. Code § 7:1E-6.4

Amended by R.2000 d.352, effective 8/21/2000.
See: 31 N.J.R. 3561(a), 32 N.J.R. 3091(a).
Amended by R.2007 d.93, effective 4/2/2007.
See: 38 N.J.R. 4285(a), 39 N.J.R. 1253(a).
Rewrote (b) and (e).
Administrative correction and change.
See: 46 N.J.R. 438(a).

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