N.J. Admin. Code § 7:25-14.21

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:25-14.21 - Request for adjudicatory hearing

(a) Any person, subject to the limitation on third party appeal rights set forth in P.L. 1993, c.359 (52:14B-3.1 through 3.3), who believes himself or herself to be aggrieved with respect to a license and/or permit decision made by the Department under this subchapter may request an adjudicatory hearing pursuant to the Administrative Procedure Act, 52:14B-1 et 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 Division'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 address in (f) below:

1. The name, address, and telephone number of the person requesting the hearing;

2. A copy of the decision document;

3. A description of any facts or issues which the petitioner believes constitute a defense to the decision made by the Department;

4. Information supporting the request and specific reference to or copies of other written documents relied upon to support 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 Division of Fish & Wildlife at the address given at N.J.A.C. 7:25-14.4(c):

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 § 7:25-14.21

Amended by 48 N.J.R. 953(b), effective 6/6/2016

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