N.J. Admin. Code § 7:20-2.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:20-2.4 - 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 a notice of civil administrative penalty assessment issued pursuant to the Safe Dam Act, the person to whom the administrative order and/or notice of civil administrative penalty assessment was issued shall, within 20 days of receipt of the order and/or notice, submit an original written request for an adjudicatory hearing 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, NJ 08625-0420

(b) A complete copy of the request shall be submitted to the Division of Dam Safety and Flood Control at:

New Jersey Department of Environmental Protection

Division of Dam Safety and Flood Control

501 E. State Street

Mail Code 501-01A

PO Box 420

Trenton, New Jersey 08625-0420

(c) The written request shall include all information required by the "Adjudicatory Hearing Request Checklist and Tracking Form" available from the Division of Dam Safety and Flood Control, 501 E. State Street, Mail Code 501-01A, P.O. Box 420, Trenton, NJ 08625-0420 and on the Department's website at www.state.nj.us/dep/damsafety, as follows:

1. The name, address, and telephone number of the violator and its authorized representative;

2. The date the violator received the enforcement document being contested;

3. A copy of the administrative order and/or notice of civil administrative penalty assessment and a list of all issues being appealed;

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

5. An admission or denial of each of the findings of fact. 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 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;

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

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

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

(d) If the Department does not receive the written request for a hearing within 20 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.

(e) The Department shall notify the requester if the request for a hearing is granted and if denied, the reason why. If a hearing request is granted, the Department shall refer the matter to the Office of Administrative Law for an adjudicatory hearing in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

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

N.J. Admin. Code § 7:20-2.4

Amended by 50 N.J.R. 479(b), effective 1/16/2018

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