N.J. Admin. Code § 7:26A-13.12

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

Section 7:26A-13.12 - Requests for administrative hearings

(a) Subject to the limits on third-party hearings at N.J.S.A. 52:14B-3.1 through 3.3, a party who believes it is aggrieved with respect to the Department's decision to approve or disapprove the collection plan of a manufacturer or group of manufacturers may, within 20 calendar days after the date of the decision, request an administrative hearing by submitting the request, in writing, 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 and to:

Department of Environmental Protection

Division of Solid and Hazardous Waste

Bureau of Recycling and Hazardous Waste Management

401 E. State Street, 2nd Floor, West Wing Mail Code: 401-02C

PO Box 420

Trenton, NJ 08625-0420.

(b) A request for an administrative hearing shall contain:

1. The name, address, telephone number and e-mail address 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 the Department decision being appealed, indicating the specific grounds for the appeal;

4. A statement of all facts alleged to be at issue and their relevance to the Department decision for which a hearing is requested. Any legal issues associated with the alleged facts at issue must also be included; and

5. All information supporting the request or other written documents relied upon to support the request, unless this information is already in the administrative record (in which case, such information shall be specifically referenced in the request).

(c) A hearing request not received by the Department within 20 calendar days after the date of receipt of the Department decision being appealed will be denied by the Department.

(d) If the requester does not include all the information required by (b) above, the Department may deny the hearing request.

(e) Following receipt of a complete request for a hearing pursuant to (b) above, the Department may attempt to informally settle the dispute by conducting such proceedings, meetings and conferences as deemed appropriate.

(f) If the Department determines that the matter is a contested case, the Department will transmit the matter to the Office of Administrative Law. Any proceedings will be conducted in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. 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 by a request for a hearing, the request will be denied. Denial by the Department of a request for an administrative hearing shall constitute the final decision of the Department for the purposes of judicial appeal.

N.J. Admin. Code § 7:26A-13.12

Notice of readoption with technical change.
See: 48 N.J.R. 76(a).

Amended by 54 N.J.R. 1912(a), effective 10/3/2022

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