N.J. Admin. Code § 7:10A-2.8

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

Section 7:10A-2.8 - Procedures to request an adjudicatory hearing to contest an administrative order, administrative penalty assessment, suspension of license, revocation of license, or the denial of an application to renew a license

(a) To request an adjudicatory hearing to contest an administrative order, civil administrative penalty assessment, suspension or revocation of license, or a denial of an application to renew a license, the person requesting the hearing (petitioner) shall:

1. Submit the original request, in writing, to:

New Jersey Department of Environmental Protection

Office of Administrative Hearings and Dispute Resolution

ATTENTION: Adjudicatory Hearing Request

401 E. State Street

PO Box 420

Trenton, NJ 08625-0420; and

2. Submit a copy of the request to the offices indicated in the enforcement document.

(b) All written requests for an adjudicatory hearing must be received by the Department within 20 calendar days after receipt by the petitioner of notice of the Department's action being contested. If the Department does not receive a hearing request within the allotted time, it shall deny the hearing request.

(c) Each written request for an adjudicatory hearing shall include the following:

1. The name, address and telephone number of the petitioner and of the petitioner's legal or authorized representative;

2. An admission or denial of each of the Department's findings of fact;

i. If the petitioner lacks sufficient knowledge or information to form a belief as to the truth of a finding, the petitioner shall so state and this shall have the effect of a denial.

ii. A denial shall fairly meet the substance of the findings denied. When the petitioner intends, in good faith, to deny only part or a qualification of a finding, the petitioner shall specify so much of it as is true and material and deny only the remainder.

iii. The petitioner may not generally deny all of the findings, but shall make all denials as specific denials of designated findings.

iv. For each finding the petitioner denies, the petitioner shall allege the fact or facts as the petitioner believes it or them to be;

3. A description of any facts or issues which the petitioner believes constitute a defense to the allegations made by the Department;

4. Information supporting the hearing request and specific reference to, or copies of, other written documents relied upon to support the request;

5. An estimate of the time required for the hearing (in days and/or hours); and

6. A request, if necessary, for a barrier-free hearing location for physically disabled person;

(d) If the petitioner fails to provide all of the information required by (c) above, the Department shall deny the hearing request.

(e) All adjudicatory hearings shall be conducted in accordance with the Administrative Procedure Act, N.A.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 7:10A-2.8

Amended by R.2000 d.406, effective 10/2/2000.
See: 32 New Jersey Register 2279(b), 32 New Jersey Register 3585(a).
In (a), inserted a reference to denial of applications to renew licenses.

Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023