N.J. Admin. Code § 5:62-7.1
Current through Register Vol. 56, No. 23, December 2, 2024
Section 5:62-7.1 - Procedures to request an adjudicatory hearing(a) Subject to the limitation on third party hearing rights specified in N.J.S.A. 52:14B-3.1 through 3.3, a person aggrieved by a decision made by the Board including: an assessment of civil administrative penalty; notice of denial, non-renewal, suspension, or revocation of a certificate or business permit; or any other Board decision from which a contested case hearing is to be provided pursuant to Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., may request a hearing. The written request for a hearing shall be submitted to: Board of Landscape Irrigation Contractors
c/o Department of Community Affairs
Division of Codes and Standards
PO Box 802
Trenton, NJ 08625-0802
(b) All requests for a contested case hearing shall be received by the Board no later than 20 days after the date the Administrative Order or any decision in (a) above was received by the petitioner. The order or decision shall be presumed to have been received three days after it was mailed by regular mail, unless it was returned to the Board as undeliverable.(c) All requests for a contested case hearing shall be submitted in writing to the Board in accordance with (b) above and shall contain: 1. The name, address, and telephone number of the person making the hearing request;2. A copy of the document being contested; 3. A brief and clear statement of the requester's interest in such decision;4. A statement of all facts alleged to be at issue and their relevance to the Board's decision for which a hearing is requested. Any legal issues associated with the alleged facts at issue shall also be included;5. An admission or denial of each of the Board's findings of fact;6. A description of the facts and/or issues which the person believes constitute a defense to the allegations made by the Board;7. Information and documentation supporting the hearing request and specific reference to, or copies of, other written documents relied upon to support the request; 8. An estimate of the time required for the hearing (in days or hours); and9. A request, if necessary, for a barrier-free hearing location for physically disabled persons.(d) If the request for a hearing fails to provide all the information required by (c) above, the Board may deny the hearing request.(e) All adjudicatory hearings shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.(f) The Board shall determine whether any request for a contested case hearing should be granted. In making such determination, the Board shall evaluate the request to determine whether a contested case exists and whether there are issues of fact which, if assumed to be true, might change the Board's decision. Where only issues of law are raised by a hearing request, the request will be denied. Denial by the Board of a request for a contested case hearing shall constitute a final agency order of the Board for the purposes of judicial appeal pursuant to the Rules of New Jersey Civil Practice.(g) If the Board determines a hearing should be granted, the Board shall determine whether to conduct the hearing itself or refer the matter to the Office of Administrative Law (OAL) for an Administrative Law Judge (ALJ) to conduct the hearing. If the matter is referred to the OAL, the Board shall affirm, reject, or modify the decision within 45 days after its receipt of the ALJ's initial decision by issuing its own final decision. The Board's action shall be considered the final agency action for the purposes of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and shall be subject only to judicial review as provided by the Rules of the Court.(h) The Board shall inform the person or persons who requested the hearing in writing whether the request for a hearing was granted and, if so, whether the Board will be conducting the hearing or the matter is being transmitted to the OAL for a hearing. If the Board determines not to grant a hearing, it shall provide the reason for the denial in writing.(i) If no hearing is requested, the assessment of civil administrative penalty; notice of denial, non-renewal, suspension, or revocation of a certificate or business permit; or any other Board decision from which a contested case hearing is to be provided pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., becomes a final order on the 21st day following receipt of the notice by the person.(j) If the hearing request submitted is subsequently withdrawn, the Board action for which the hearing request was requested becomes a final order upon such withdrawal.(k) The jurisdiction of an appeal of a final agency decision lies within the Appellate Division of the Superior Court of the State of New Jersey.(l) No certification or business permit, which is the subject of a final order of suspension, revocation, non-renewal, or denial, shall be valid during the pendency of any action on appeal to a court of competent jurisdiction from that order, unless a stay of the final order has been granted.N.J. Admin. Code § 5:62-7.1
Amended by R.2006 d.435, effective 12/18/2006.
See: 38 N.J.R. 3109(a), 38 N.J.R. 5357(a).
Inserted designation (a) and added (a)1 through (g).
Recodified in part from N.J.A.C. 7:62-4.4 and amended by R.2014 d.051, effective 3/17/2014.
See: 45 N.J.R. 2296(a), 46 N.J.R. 533(a).
Section was "Enforcement". Rewrote the section.Amended by R.2006 d.435, effective December 18, 2006.
See: 38 N.J.R. 3109(a), 38 N.J.R. 5357(a).
Inserted designation (a) and added (a)1 through (g).
Recodified in part from N.J.A.C. 7:62-4.4 and amended by R.2014 d.051, effective March 17, 2014.
See: 45 N.J.R. 2296(a), 46 N.J.R. 533(a).
Section was "Enforcement". Rewrote the section.