N.J. Admin. Code § 8:25-15.4

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

Section 8:25-15.4 - Hearings

(a) The Commissioner may order the revocation of a youth camp's certificate of approval, the payment of a fine, or both, upon a finding of violation of the Act, this chapter, or an order issued pursuant thereto.

1. The order shall not become final, and may not be sued upon until the youth camp has received written notice of the order and an opportunity for a hearing.

2. The order shall be in writing and shall set forth all known violations, as well as the following:

i. The facts, statutes, rules, and orders, if any, upon which the finding is based;

ii. The penalty(ies) imposed;

iii. The date by which revocation of the certificate of approval shall be effective, and the youth camp shall be closed, which shall occur upon issuance of the final order, as appropriate to the circumstances;

iv. The date by which payment of the fine(s) is required following the date the order becomes final, as appropriate to the circumstances;

v. The date by which any corrective action by the youth camp must be completed following the date the order becomes final, as appropriate to the circumstances;

vi. The right of the youth camp to request a hearing within 10 days of receipt of the order, and the minimum information, which must be contained in the hearing request;

vii. The right of the youth camp to request an informal conference prior to commencement of the hearing;

viii. The right of the youth camp to request a settlement conference at any time prior to the rendering of a final decision on the hearing; and

ix. A statement explaining that if the youth camp does not request a hearing within 10 days of receipt of the order, the order becomes final, and the youth camp waives its right to an administrative hearing.

3. Notwithstanding (a) above, the Commissioner may seek injunctive relief through a summary proceeding in accordance with 26:12-11.

(b) The youth camp operator shall request a hearing within 10 days of receipt of an order of finding of violation or waive its right to such a hearing.

1. An informal hearing at the Department shall be scheduled within 60 days of the receipt of the request for a hearing.

2. If the matter is not resolved at the informal hearing, the Commissioner shall transfer the matter to the Office of Administrative Law in accordance with the provisions of 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

3. The decision of the agency following a hearing shall be a final agency decision, and the order set forth therein shall be a final order on the matter.

i. The order set forth in the final agency decision may accept, modify, or reject the order of finding of violation.

(c) Notice of the order and any requests for a hearing or conferences shall be effective upon receipt if sent by certified mail to the address on file with the Department of the holder of the certificate of approval for the youth camp, or to the Department's address specified in the forms set forth at 8:25-2.2, as appropriate.

N.J. Admin. Code § 8:25-15.4