N.J. Admin. Code § 5:11-9.2

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

Section 5:11-9.2 - Right of hearing and time of filing

(a) Any person aggrieved by a final determination by a displacing agency other than a State agency may appeal such determination to the Division of Codes and Standards, which shall thoroughly review the matter and issue its findings as to the merits of the claim for relocation payments or benefits. Such appeals shall be made in writing within 15 days of receipt of written notice of the determination.

(b) The Division of Codes and Standards shall provide an administrative hearing in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., to any person aggrieved either by a final determination of a displacing agency which is a State agency or by findings made by the Division pursuant to (a) above.

1. Such hearing shall be conducted under the auspices of the Office of Administrative Law and the final decision shall be made by the Commissioner.

2. Any request for a hearing shall be made in writing within 15 days of receipt of written notice of the State agency determination or findings of the Division, as the case may be, and shall be addressed to Hearing Coordinator, Division of Codes and Standards, PO Box 802, Trenton, New Jersey 08625-0802.

(c) The parties to any hearing before the Office of Administrative Law shall be the displacing agency and the person aggrieved by the final determination of such agency.

1. Representatives of the Division of Codes and Standards may appear at any such hearing to testify as to the findings of the Division.

2. In all cases which it has reviewed, the Division shall provide the Office of Administrative Law and the parties with a determination memorandum setting forth the claims of the parties, the facts as determined by the Division, the regulations, statutory provisions and case law which the Division deems to be applicable, and the Division's conclusions and the reason therefor.

3. Any party to a hearing before the Office of Administrative Law may request accelerated disposition of a case. Any such request shall be made in accordance with the procedure set forth in the rules of the Office of Administrative Law at N.J.A.C. 1:1-9.4.

N.J. Admin. Code § 5:11-9.2

Amended by R.1981 d.183, effective 6/4/1981.
See: 13 N.J.R. 186(d), 13 N.J.R. 332(a).
Section substantially amended.
Amended by R.1982 d.487, effective 1/17/1983.
See: 14 N.J.R. 1188(a), 15 N.J.R. 83(b).
Added (c).
Amended by R.1989 d.188, effective 4/3/1989.
See: 21 N.J.R. 231(b), 21 N.J.R. 891(a).
Names of Bureau and Division changed to include "community development" and "development".
Amended by R.1994 d.174, effective 4/4/1994.
See: 26 N.J.R. 289(a), 26 N.J.R. 1493(b).
Amended by R.1995 d.386, effective 7/17/1995.
See: 27 N.J.R. 1844(a), 27 N.J.R. 2714(a).
Amended by R.2004 d.222, effective 6/21/2004.
See: 36 N.J.R. 1264(b), 36 N.J.R. 3055(c).
Rewrote (b)2; substituted references to the Division of Codes and Standards for references to the Housing Production and Community Development Element throughout.