N.J. Admin. Code § 2:90-1.16

Current through Register Vol. 56, No. 21, November 4, 2024

Section 2:90-1.16 - Appeal process

(a) Any person aggrieved by a decision or action of the district shall first submit a written request for reconsideration to the district within 10 working days of the action taken. The district shall convene a meeting and make a determination on the request within 35 calendar days of the request unless additional time is mutually agreed upon by the district and the aggrieved person. All such proceedings shall be memorialized in the district minutes.

(b) To appeal the determination of the district, an aggrieved person shall subsequently petition the Committee in writing within 10 working days of the determination by the district. The Committee shall schedule a hearing and make a determination within 90 calendar days of the petition for review and notify the appellant pursuant to (c) below unless additional time is mutually agreed upon by the Committee and the aggrieved person. The Committee may appoint and utilize the hearing office procedures of the Department of Agriculture for fact-finding and recommendations to the Committee. The Committee may alternatively pursue an informal resolution of the matter contested. Any person against whom a stop-construction order is issued by any district shall also have the right to appeal directly to the Committee. Requests for appeal shall be addressed to:

State Soil Conservation Committee

PO Box 330

Trenton, New Jersey 08625

(c) The Committee shall send a written notice to the appellant of the hearing stating:

1. The hearing application number; and

2. The date, time and place of the hearing.

(d) The Committee may, on its own motion or at the request of any person aggrieved of any action by the district, review the decision of any soil conservation district and make whatever determinations it deems appropriate in the matter.

(e) Any party who disagrees with the determination of the Committee may request a hearing pursuant to the Administrative Procedure Act, 52:14B-1 and 52:14F-1 et seq.

N.J. Admin. Code § 2:90-1.16

New Rule, R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 46 N.J.R. 193(a).
In (b), substituted "an" for "the" preceding "aggrieved", and in the address, deleted "Executive Secretary".