N.J. Admin. Code § 7:27-1.32

Current through Register Vol. 56, No. 18, September 16, 2024

Section 7:27-1.32 - Request for an adjudicatory hearing

(a) Any applicant, registrant, or permittee may request a contested case hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1 regarding a decision made by the Department to:

1. Deny an application, or any part thereof, for a permit or certificate, for a modification or revision thereof, or for a renewal or a variance; or not accept a registration;

2. Impose any condition on its approval which the applicant, registrant, or permittee finds objectionable;

3. Revoke or withdraw a previously issued approval; or

4. Deny the request for a stay under 7:27-1.33.

(b) Requests for a contested case 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

(c) All requests for a contested case hearing must be received by the Department within 20 days of the date upon which the notice of decision was received.

(d) All requests for a contested case hearing must be submitted by the applicant in writing to the Department in accordance with (b) above and shall contain:

1. The name, address and telephone number of the person making such 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 specific facts describing the Department decision being appealed, as well as the nature and scope of the interest of the requester in such decision; and

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.

(e) The Department shall determine whether any request for a contested case hearing should be granted. In making such determination, the Department shall 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 § 7:27-1.32

New Rule, R.1991 d.109, effective 3/4/1991 (operative March 31, 1991).
See: 22 N.J.R. 292(a), 23 N.J.R. 723(a).
Administrative change in (b).
See: 23 N.J.R. 3325(b).
Recodified from N.J.A.C. 7:27-8.12 and amended by R.1998 d.231, effective 5/4/1998 (operative June 12, 1998).
See: 29 N.J.R. 3521(a), 30 N.J.R. 1563(b).
In (a), deleted "regarding any preconstruction permit and certificate, amendment, certificate renewal, variance, or registration," preceding "may contest" in the introductory paragraph, and changed N.J.A.C. reference in 4.
Amended by R.2000 d.204, effective 5/15/2000 (operative June 6, 2000).
See: 31 N.J.R. 1671(a), 32 N.J.R. 1808(a).
Rewrote (a).
Amended by R.2004 d.129, effective 4/5/2004 (operative April 25, 2004).
See: 35 N.J.R. 3486(a), 36 N.J.R. 1791(a).
Rewrote (a).
Administrative change.
See: 43 N.J.R. 2328(a).

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