N.J. Admin. Code § 7:26I-8.3

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

Section 7:26I-8.3 - Procedures for requesting and conducting an adjudicatory hearing

(a) A person may request an adjudicatory hearing to appeal any of the following Board actions:

1. A denial of a person's application for an LSRP license renewal pursuant to N.J.A.C. 7:26I-2.11;

2. License suspension or revocation, or other sanction, pursuant to N.J.A.C. 7:26I-2.13, 2.14, and 7.8;

3. An issuance of an administrative order pursuant to N.J.A.C. 7:26I-7.9; and

4. An assessment of a civil administrative penalty pursuant to N.J.A.C. 7:26I-7.10.

(b) The person requesting a hearing pursuant to (a) above shall:

1. Have 35 days after receipt of notification of the Board's action within which to request a hearing;

2. Comply with all procedures in (c) below; and

3. Deliver all items specified at (c) below to the following:

New Jersey Site Remediation Professional Licensing Board

PO Box 420

Mail Code 401-06

401 East State Street

Trenton, NJ 08625-0420

(c) A person requesting a hearing shall do so in writing on the Administrative Hearing Request Checklist, which is found on the Board website at www.nj.gov/lsrpboard, and include at a minimum each item specified below:

1. The disciplinary document, disciplinary document number, and dates issued and received;

2. The name, mailing address, email address, and telephone number of the petitioner and petitioner's attorney;

3. The time required for the hearing;

4. Whether a barrier-free location is required;

5. A list of all specific issues being appealed;

6. A document in which the petitioner admits, denies, or makes a statement of insufficient knowledge for each specified paragraph in the disciplinary document;

7. A list of all information and copies of written documents the petitioner intends to rely on to support the appeal of the disciplinary document;

8. A list of all defenses, stated in short and plain terms, to each of the findings in specified paragraphs in the disciplinary document; and

9. A statement of willingness to negotiate settlement with the Board or with mediation.

(d) The Board shall conduct all adjudicatory hearings in accordance with 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.

N.J. Admin. Code § 7:26I-8.3

Adopted by 48 N.J.R. 45(a), effective 1/4/2016

Amended by 55 N.J.R. 2324(b), effective 11/20/2023