N.J. Admin. Code § 7:20A-2.8

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

Section 7:20A-2.8 - Appeal procedure

(a) An applicant or certification holder who believes himself or herself to be aggrieved by a decision of the Department regarding any water usage certification may contest the decision and request a contested case hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1, if the Department:

1. Approves or denies an application for a water usage certification, or any part thereof; or

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

(b) Requests for a contested case hearing shall be submitted 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

(c) All requests for a contested case hearing shall be submitted to the Department within 20 calendar days after the date upon which the applicant received the notice of Department's decision.

(d) All requests for a contested case 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 being appealed, as well as the nature and scope of the interest of the requester in the decision;

4. A statement of all facts alleged to be at issue and their relevance to the Department decision for which a hearing is requested, as well as any legal issues associated with the alleged facts at issue;

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

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

7. An indication whether the applicant or certification holder is willing to negotiate a settlement with the Department prior to the Department sending the hearing request to the Office of Administrative Law.

(e) A hearing request based upon an issue not raised during the public comment period on a certification application shall be denied by the Department.

(f) A hearing request not submitted within 20 days after the applicant received notice of Department's decision shall be denied by the Department.

(g) If the applicant or certification holder fails to include all the information required under (d) above, the Department may deny the hearing request.

(h) The Department will determine whether any request for a contested case hearing shall be granted. In making such determination, the Department will 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 in a request for a hearing, the request will be denied. Denial by the Department of a request for a contested case hearing shall constitute the final decision of the Department for the purposes of judicial appeal.

(i) The 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 promulgated thereunder.

N.J. Admin. Code § 7:20A-2.8

Administrative change in (a).
See: 23 N.J.R. 3325(b).
Repeal and New Rule, R.1994 d.12, effective 1/3/1994.
See: 25 N.J.R. 3956(a), 26 N.J.R. 212(c).
Recodified from N.J.A.C. 7:20A-2.20 and amended by R.1999 d.7, effective 1/4/1999.
See: 30 N.J.R. 3410(a), 31 N.J.R. 45(a).
In (d), added 5 through 7; inserted a new (e); and recodified former (e) through (h) as (f) through (i). Former N.J.A.C. 7:20A-2.8, Opportunity to review application by interested parties, repealed.
Amended by R.2007 d.6, effective 1/2/2007.
See: 38 N.J.R. 2947(a), 39 N.J.R. 39(a).
In (a), (d)7 and (g), inserted "or certification holder"; and in (d)7, deleted "if" preceding "whether".

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