N.J. Admin. Code § 19:9-5.5

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

Section 19:9-5.5 - Procedure to resolve protested applications for, and awards of, licenses to cross and traffic permits

(a) Any actual or prospective applicant for a license to cross or traffic permit with respect to any Authority property or facility who is aggrieved in connection with the application for and/or award of such a license or permit, may protest to the Authority. The protest shall be submitted in writing to the General Counsel within five days after such aggrieved party knows or should have known of the facts giving rise to the grievance. Failure to file a timely protest shall bar any further action. The written protest shall set forth in detail the facts upon which the aggrieved applicant bases its protest and shall define, as clearly as the available information permits, those issues or facts in dispute.

(b) Upon the filing of a timely protest, the Executive Director or his or her designee shall have the authority, but not the obligation, to conduct a hearing, in order to settle and resolve a protest of an aggrieved applicant, or prospective applicant, concerning the application for, or award of, a license to cross or traffic permit. Any such hearing may be conducted on written submissions, or through in-person informal conference, as determined in the discretion of the Executive Director or his or her designee, as deemed necessary based upon the nature of the protest.

(c) If the protest is not resolved by mutual agreement, the Executive Director or his or her designee shall promptly issue a decision in writing. The decision shall state the determination made and the reasons for the action taken. The decision shall be mailed or furnished promptly to the aggrieved applicant and any other interested party.

(d) A decision rendered pursuant to (c) above shall be final and conclusive, unless any person adversely affected by the decision commences an action in court.

(e) In the event of a timely protest under (a) above, the Authority shall not proceed further with the application for, or with the award of, a competing license to cross or traffic permit until the decision is rendered pursuant to (c) above.

N.J. Admin. Code § 19:9-5.5

Recodified from 19:9-2.11 by 49 N.J.R. 3236(b), effective 9/18/2017