N.J. Admin. Code § 7:26A-3.14
Current through Register Vol. 56, No. 9, May 6, 2024
Section 7:26A-3.14 - Appeal procedure(a) An applicant that believes it is aggrieved with respect to the following decisions made by the Department may appeal the decision within 20 calendar days after the date of the decision and request an administrative hearing: 1. Any term of a general or limited approval;2. Denial of a general or limited approval, or any part thereof; or3. Revocation or modification of a previously issued approval.(b) Requests for an administrative 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, NJ 08625-0420 and to:
New Jersey Department of Environmental Protection
Division of Sustainable Waste Management
Bureau of Recycling and Hazardous Waste Management
401 E. State Street, 2nd Floor, West Wing
PO Box 420, Mail Code 401-02C
Trenton, NJ 08625-0420
(c) All requests for an administrative 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 the Department decision being appealed, indicating the specific grounds for the applicant's 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; and5. 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).(d) A hearing request not received by the Department within 20 calendar days after the date of the Department decision being appealed will be denied by the Department.(e) If the applicant or interested party fails to include all the information required by (c) above, the Department may deny the hearing request.(f) Following receipt of a complete request for a hearing pursuant to (c) above, the Department may attempt to informally settle the dispute by conducting such proceedings, meetings and conferences as deemed appropriate.(g) If the Department determines that the matter is a contested case, the Department will file the request for an administrative hearing with the Office of Administrative Law. Such hearings will be conducted in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and N.J.S.A. 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 a contested case hearing shall constitute the final decision of the Department for the purposes of judicial appeal. N.J. Admin. Code § 7:26A-3.14
Recodified from 7:26A-3.13 and amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
In (b), changed Department name. Former section recodified to N.J.A.C. 7:26A-3.15.
Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
In the introductory paragraph of (a), substituted "that" for "who" and "it is" for "himself or herself to be"; added new (a)1; recodified former (a)1 and (a)2 as (a)2 and (a)3; and in (b), inserted "and to" and the second address.
Notice of readoption with technical change.
See: 48 N.J.R. 76(a).Amended by 54 N.J.R. 1912(a), effective 10/3/2022Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023