N.J. Admin. Code § 7:3-3.9

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

Section 7:3-3.9 - Adjudicatory hearing requests

(a) An individual who has received a written notice of denial of an application for inclusion on the List of Approved Foresters pursuant to N.J.A.C. 7:3-3.2(e), removal from the List of Approved Foresters pursuant to N.J.A.C. 7:3-3.7(b), or denial of reinstatement to the List of Approved Foresters pursuant to N.J.A.C. 7:3-3.8(d) may, within 21 days of receipt of the notice, request an adjudicatory hearing in accordance with this section.

(b) A request for an adjudicatory hearing shall include:

1. The name, mailing address, e-mail address (if any), and phone number of the individual submitting the request;

2. The name, mailing address, e-mail address, and phone number of the attorney (if any) representing the individual identified in (b)1 above for purposes of the adjudicatory hearing;

3. The date the individual identified in (b)1 above received written notice of the decision or proposed decision;

4. A copy of the written notice of decision being appealed;

5. A statement of the basis for the appeal;

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

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

8. A clear indication of any willingness to negotiate a settlement with the Department prior to the Department's transmitting the case to the Office of Administrative Law.

(c) The individual requesting an adjudicatory hearing shall:

1. Submit the request in writing 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, New Jersey 08625-0420; and

2. Provide a copy to the New Jersey Forest Service at the address at N.J.A.C. 7:3-1.4(a).

(d) An adjudicatory hearing shall be conducted in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1 et seq.

N.J. Admin. Code § 7:3-3.9

Adopted by 49 N.J.R. 3824(a), effective 12/18/2017

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