N.J. Admin. Code § 16:47-10.13

Current through Register Vol. 56, No. 23, December 2, 2024

Section 16:47-10.13 - Permit appeal process

(a) Lot or site owners can appeal a permit denial or permit conditions they find unacceptable.

(b) The appeal process is as follows:

1. The lot or site owner shall submit a written request for an appeal meeting to the manager of the appropriate permitting office within 30 days of a notice of denial or receipt of unacceptable permit conditions. The request shall include reasons for the appeal.

2. Within 14 days of receipt of the appeal request, the manager of the appropriate permitting office will determine whether to grant the request for an appeal meeting.

3. If the Department denies the appeal request, the lot or site owner may submit an appeal to the Director of the appropriate permitting unit, within 21 days of the date of denial.

4. If the Department grants the appeal request, the appropriate permitting office will contact the lot or site owner to schedule an appeal meeting. The lot or site owner shall have the opportunity to present information supporting the appeal at that meeting.

5. The manager of the appropriate permitting office will render a decision, in writing, within 21 days of the appeal meeting and so notify the lot or site owner. The lot or site owner will be further advised that if the owner does not agree with the decision, he or she may submit an appeal, with reasons, to the Director within 21 days of receiving notice.

6. Within 14 days of receipt of the lot or site owner's appeal, the Director will schedule a hearing and may designate a hearing officer. At the hearing, the lot or site owner will be accorded an opportunity to present information justifying the appeal. The hearing will be formal, with all testimony regarding the appeal documented by a court reporter.

7. In reaching the final agency decision, the Director will consider the information presented at the hearing, the recommendation of the hearing officer, if designated, the criteria set forth in the State Highway Access Management Act and this chapter; the lot or site owner's right of reasonable access to the general system of streets and State highways; and the public's right and interest in a safe and efficient highway system. The Director will render the final agency decision, with reasons, within 14 days of the hearing and so notify the lot or site owner in writing.

N.J. Admin. Code § 16:47-10.13

Adopted by 50 N.J.R. 1534(b), effective 7/16/2018