N.J. Admin. Code § 7:28-24.16

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:28-24.16 - Adjudicatory hearings

(a) Subject to the limitation on third-party hearing rights at (e) below, an applicant for examination, initial license, or license renewal; a licensed technologist; a school of nuclear medicine technology; or any person aggrieved by any Department or Board finding or administrative order may contest the finding or administrative order and request an adjudicatory hearing. The request shall be made in writing to the Department at the address at (d) below no later than 20 calendar days after receipt of the Department's or Board's findings or administrative order. The person or school requesting the hearing shall include the following information in each hearing request:

1. The name, address, and telephone number of the person or school and any authorized representative;

2. The date the person or school received the Department's or Board's finding;

3. A copy of the finding or administrative order giving rise to the request for a hearing, and a list of all issues being appealed;

4. The defenses to each of the Department's or Board's findings of fact, stated in short and plain terms;

5. An admission or denial of each of the Department's or Board's findings. If the person or school is without knowledge or information sufficient to form a belief as to the truth of a finding, the person or school shall so state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. When the person or school intends in good faith to deny only a part or a qualification of a finding, the person or school shall specify so much of it as is true and material and deny only the remainder. The person or school may not generally deny all of the findings, but shall make all denials as specific denials of designated findings. For each finding the person or school denies, the person or school shall state the fact or facts as the person or school believes it or them to be;

6. Information supporting the request and specific reference to or copies of other written documents relied upon to support the request;

7. An estimate of the time required for the hearing (in days and/or hours); and

8. A request, if necessary, for a barrier-free hearing location for physically disabled persons.

(b) The Department shall deny the hearing request if:

1. The person or school requesting the hearing fails to include all of the information required in (a) above; or

2. The Department does not receive the request in the time specified in (a) above.

(c) The Department shall conduct all adjudicatory hearings in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(d) Requests for adjudicatory hearings shall be sent 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

New Jersey Department of Environmental Protection

Bureau of X-ray Compliance

Mail Code 25-01

25 Arctic Parkway

PO Box 420

Trenton, New Jersey 08625-0420

Attention: Hearing Request

(e) Nothing in this section shall be construed to provide a right to an adjudicatory hearing in contravention of N.J.S.A. 52:14B-3.1 through 3.3.

N.J. Admin. Code § 7:28-24.16

Adopted by 48 N.J.R. 409(b), effective 3/7/2016

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