N.J. Admin. Code § 7:26H-2.5
Current through Register Vol. 56, No. 18, September 16, 2024
Section 7:26H-2.5 - Procedures for Department review(a) The procedures for Department review and approval or denial of a petition shall be in accordance with the following:1. Upon receipt of a petition, the Department shall review the petition for determination of completeness, After reviewing the petition, the Department shall, within 30 days of receipt of the petition, notify the petitioner, in writing, whether the petition is complete or incomplete.2. If the petition is deemed incomplete, the Department shall provide the petitioner with a written list of deficiencies. A determination of incompleteness shall stop any review and shall stay the time limitations set forth in (a)4 below until such time as the Department makes a determination of completeness.3. Within 14 days of receipt of notification of deficiency, the applicant shall inform the Department, in writing, of its intent to either withdraw the petition or supply the information requested to make the petition complete. The petitioner shall correct all deficiencies within 30 days of notification of incompleteness. Failure to correct all deficiencies shall result in the rejection of the petition without prejudice.4. Upon determining that the petition is complete, the Department shall notify the petitioner, in writing, that the petition is complete and that it will be filed and assigned a docket number. No later than six months from the date of a determination of completeness, the Department shall issue an order suspending, denying or approving the petition.(b) Unless otherwise directed by the Department, petitions and subsequent pleading shall be served by all parties as provided for in 7:26H-2.3(e).(c) If within the time allowed for answer, the respondent makes an offer of satisfaction which is accepted by the petitioner, such offer of acceptance, signed by the parties or their attorneys, shall be filed with the Department and if not disapproved by the Department within 20 days, the petition shall be deemed satisfied and the proceeding closed without further action.(d) In any matter which is determined by the Department to be a contested case, the matter will be transferred to the Office of Administrative Law for a hearing in accordance with the Administrative Procedures Act, 52:14B-1 and 54:14F-1 and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. N.J. Admin. Code § 7:26H-2.5