N.J. Admin. Code § 7:24A-4.19
Current through Register Vol. 56, No. 11, June 3, 2024
Section 7:24A-4.19 - Adjudicatory hearings(a) The Administrator shall decide any dispute arising under a loan upon written request by the borrower. The borrower must specify in detail the basis of the dispute and the relief sought. The Administrator will reduce the decision to writing and send a copy to the borrower.(b) Within 20 days of receipt of the Administrator's decision, a borrower may submit a written request for an adjudicatory hearing to contest the Administrator's decision. The hearing request shall be submitted to the Department at the following address: 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
(c) The borrower shall include the following information in a request for an adjudicatory hearing: 1. The location of the project;2. A copy of the Administrator's decision and the loan award agreement;3. The legal and factual questions at issue; and4. Documents and other information supporting the request.(d) Following receipt of a timely and complete hearing request, the Department may attempt to settle the dispute through whatever proceedings, meetings and conferences that the Department deems appropriate.(e) If efforts at settlement fail, the Department shall decide whether to grant the hearing request. A granted hearing request shall be transmitted to the Office of Administrative Law and conducted in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1.(f) The Department, if it denies a hearing request, shall briefly state the reasons for the denial. A denial shall be considered a final agency action.N.J. Admin. Code § 7:24A-4.19
Amended by 50 N.J.R. 480(a), effective 1/16/2018Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023