N.J. Admin. Code § 16:41D-7.2

Current through Register Vol. 56, No. 16, August 19, 2024

Section 16:41D-7.2 - Appeals

(a) An applicant may appeal the denial of its application to the program or a determination that it does not satisfy the requirements of this chapter by submitting a letter requesting an appeal to the Manager of the TODS program at:

New Jersey Department of Transportation

Office of Outdoor Advertising and Wireless Services

TODS PROGRAM

PO Box 600

Trenton, NJ 08625

1. The letter shall include a statement describing the nature of the appeal and the facts on which the appeal is based. The letter must be received within 30 days of the date of denial or determination.

(b) Within 15 days of the receipt of an appeal letter, the Manager of the TODS program will schedule an informal meeting to resolve the dispute. A written decision will be issued within 30 days of the meeting.

(c) If the dispute is not fully resolved at the informal meeting, the applicant may appeal the written decision by submitting a letter requesting a hearing. The letter must include all disputed material facts and legal issues that the applicant intends to raise. The request must be sent to the Director of the Division of Right-of-Way within 30 days of the date the written decision is received and should be submitted to:

Director, Division of Right-of-Way

New Jersey Department of Transportation

PO Box 600

Trenton, NJ 08625.

1. If the letter does not contain the disputed material facts and legal issues the applicant intends to raise at a hearing, or if the disputed material facts and legal issues do not warrant a hearing, the Director, in his or her sole discretion, may decline to grant a hearing.

(d) The Director will determine if a hearing is required based on the statement and facts submitted. If a hearing is required, the Director will schedule a hearing within 15 days of receipt of the written request. The Director may conduct the hearing or designate a hearing officer. If a hearing officer conducts the hearing, he or she will make written recommendations to the Director and provide any other information requested by the Director.

(e) At the hearing, the person requesting the appeal will be accorded an opportunity to present information regarding the denial or determination. The Director's decision will be based on the information presented at the hearing, any recommendation of the hearing officer, the purposes and criteria set forth in this chapter and the MUTCD. The written decision will be issued within 30 days of the hearing and shall be sent to the person who requested the appeal. The Director's decision is the Department's final agency decision.

N.J. Admin. Code § 16:41D-7.2

Amended by 50 N.J.R. 2155(a), effective 10/15/2018