N.J. Admin. Code § 7:14A-17.3

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

Section 7:14A-17.3 - Consideration as a party to the action

(a) The Department shall determine, or shall refer the determination to an administrative law judge, whether a person, other than an applicant or a permittee, is a party to the action.

(b) The Department shall determine whether a person is considered to be a party to the action within 30 days of receipt of the request or to refer the request to the administrative law judge. If the request is referred to the administrative law judge, the administrative law judge has an additional 30 days to decide on the request.

(c) A person shall be considered to be a party to the action only if:

1. The person's objection(s) to the Department's decision as specified in 7:14A-17.2(a) were raised by that person in the public hearing and/or in a written submission within the public comment period established pursuant to N.J.A.C. 7:14A-15;

2. The person demonstrates the existence of a significant issue of law or fact;

3. The person shows that the significant issue of law or fact is likely to affect the permit decision;

4. The person can show an interest, including an environmental, aesthetic, or recreational interest, which is or may be affected by the permit decision and that the interest can be fairly traced to the challenged action and is likely to be redressed by a decision favorable to that person. An organization may contest a permit decision on behalf of one or more of its members if the organization's member or members could otherwise be a party to the action in their own right, and the interests the organization seeks to protect are germane to the organization's purpose; and

5. The person submits the information required under 7:14A-17.2(f).

(d) Whenever a person's request to be considered to be a party to the action is granted, the Department or the administrative law judge, as appropriate, shall identify the permit conditions which have been contested by such person for which an administrative hearing will be granted. Permit conditions which are not so contested shall not be affected by, or considered at, the adjudicatory hearing.

(e) A permittee or applicant shall be allowed to participate in any proceeding where a person, other than the permittee or applicant, is seeking to become a party to the action. All requests by persons seeking to be considered a party to the action for a particular permit shall be combined in a single administrative hearing. When a person's request to be considered a party to the action is granted and a permittee's request for an administrative hearing is granted, the actions may be combined into a single administrative hearing by the Department after consideration of the nature and scope of the issue(s).

N.J. Admin. Code § 7:14A-17.3