N.J. Admin. Code § 7:28-4.18

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

Section 7:28-4.18 - Requirements governing requests for stay of the effective date of the Department decision for which an adjudicatory hearing is requested

(a) The Department may grant a stay of the effective date of a decision to deny, modify, revoke or suspend any State license. The applicant for such a stay must submit evidence that one of the following circumstances exist:

1. The granting of such stay is required as a constitutional or statutory right; or

2. The potential impact on public health, safety, welfare or the environment which might result from a decision to grant a stay is greatly outweighed by immediate, irreparable injury to the specific party requesting such stay.

(b) The decision to grant a contested case hearing request shall not automatically result in a stay of the Department action appealed from absent an express decision to stay such action by the Director. The burden shall be upon the party requesting a hearing to explicitly request a stay of action within the same document as well as to disclose reasons why such stay should be granted.

(c) Department decisions are effective, according to their terms, unless stayed by the Department in writing, upon receipt of written request pursuant to this section.

(d) Written requests for a stay of the effective date of the Department's decision must be made to the Department within 30 calendar days of the date upon which the notice of decision was received.

(e) Any stay that is granted by the Department shall be temporary and in no case shall it extend beyond the date of the Department's final decision of the contested case.

(f) Determinations made pursuant to this section shall be made in a writing mailed to the specific party making such request.

N.J. Admin. Code § 7:28-4.18

The following annotations apply to N.J.A.C. 7:28-4.19 prior to its repeal by R.2008 d.281:
Amended by R.1991 d.417, effective 8/5/1991.
See: 23 N.J.R. 3300(a), 23 N.J.R. 2362(a).
In (a), changed fees in all categories; substantial rewording in 1 through 8; added 9 through 18.
In (b), substituted old text with new text; added (b)1 and 2.
Added (c), (d), (e).
Amended by R.2005 d.156, effective 5/16/2005.
See: 36 N.J.R. 2336(a), 37 N.J.R. 1826(a).
Rewrote the section.
The following annotations apply to N.J.A.C. 7:28-4.19 subsequent to its recodification from N.J.A.C. 7:28-4.18 by R.2008 d.281:
Amended by R.2005 d.156, effective 5/16/2005.
See: 36 N.J.R. 2336(a), 37 N.J.R. 1826(a).
Recodified from N.J.A.C. 7:28-4.18 by R.2008 d.281, effective 9/15/2008 (operative September 30, 2009).
See: 40 N.J.R. 2309(a), 40 N.J.R. 5196(b), 41 N.J.R. 3415(a).
Former N.J.A.C. 7:28-4.19, Specific State license fee schedule for the manufacture, production, transfer, distribution or arrangement for distribution, sale, lease, receipt, acquisition, ownership, possession or use of naturally occurring or accelerator produced radioactive material, repealed.
The following annotation applies to N.J.A.C. 7:28-4.18 subsequent to its recodification from N.J.A.C. 7:28-4.19 by R.2014 d.083:
Recodified from N.J.A.C. 7:28-4.19 by R.2014 d.083, effective 5/5/2014.
See: 45 N.J.R. 806(a), 46 N.J.R. 768(a).
Former N.J.A.C. 7:28-4.18, Requests for an adjudicatory hearing, recodified to N.J.A.C. 7:28-4.17.