N.J. Admin. Code § 11:17E-1.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 11:17E-1.5 - Commissioner's action, order and scope of waiver

(a) After consideration and review, the Commissioner or his or her designee may:

1. Grant the application for waiver;

2. Deny the application for waiver; and/or

3. Require such other conditions as are deemed appropriate.

(b) The scope of any waiver shall be specifically limited to the employer identified in the application, the job description and title for which the waiver was granted.

(c) Where a determination is made that the applicant does not qualify for a waiver, the Commissioner or his or her designee shall issue to the applicant a letter initially denying the waiver application. The letter shall:

1. State the legal basis upon which the application is being denied and address the factors pertinent to the assessment of the applicant's rehabilitation;

2. Advise the applicant that the initial denial of the waiver application may be administratively appealed to the Office of Administrative Law for a contested case proceeding pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.;

3. Advise the applicant that an administrative appeal must be initiated within 20 days of the date of receipt of the denial letter by sending a request for a hearing to: Legislative & Regulatory Affairs, New Jersey Department of Banking and Insurance, PO Box 325, Trenton, New Jersey 08625-0325, ATTN: Waiver Denial Hearing Request, or faxed to (609) 292-0896; and

4. Advise the applicant that if no administrative appeal is taken, the letter initially denying the application will constitute a final agency decision.

(d) The Department shall provide a copy of any Order issued on the application and of any letter granting or initially denying the application to the applicant, prospective employer and the NAIC database described in N.J.A.C. 11:17E-1.6.

(e) Any Order of the Commissioner or his or her designee issued on an application and any letter initially denying an application that was not appealed shall constitute a final agency decision in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

N.J. Admin. Code § 11:17E-1.5

Amended by R.2007 d.62, effective 2/20/2007.
See: 38 N.J.R. 4394(a), 39 N.J.R. 654(b).
Added (c); recodified former (c) and (d) as (d) and (e); in (d), substituted "any Order issued on the application and of any letter granting or initially denying the application" for "the Order"; and in (e), substituted "Any Order" for "The Order", and inserted "issued on an application and any letter initially denying an application that was not appealed".