N.J. Admin. Code § 7:19-2.15

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

Section 7:19-2.15 - Procedures for the recalling of a permit for modification or revocation

(a) Upon a determination that the permittee has failed to comply with N.J.S.A. 58:1A-1 et seq., 58:4A-4.1 et seq., 58:12A-1 et seq., rules promulgated pursuant to those acts or its permit conditions and/or if there is substantiated evidence that the permittee is adversely affecting others and/or when in the public interest, the Department may recall the permit to determine if revocation or modification is necessary.

(b) Prior to revoking or modifying the permit, the Department shall provide the permittee with notice and a public hearing, if requested, in accordance with the procedure set forth at N.J.A.C. 7:19-2.8.

(c) Between the time the notice of the hearing is published and the hearing is held, the Department shall prepare a fact finding report which details all permit deficiencies and provides recommended solutions. This report shall be presented for comment at the public hearing.

(d) The costs of the hearing shall be paid in accordance with N.J.A.C. 7:19-2.8(f).

(e) The hearing officer shall issue a Hearing Officer's Report in accordance with the procedures set forth at N.J.A.C. 7:19-2.9, and the decision maker shall render a decision in accordance with the procedure set forth at N.J.A.C. 7:19-2.10.

(f) The permittee shall be notified of the Department's decision in accordance with the procedure set forth at N.J.A.C. 7:19-2.11.

(g) A permittee whose permit has been revoked or modified by the Department pursuant to this section may request an adjudicatory hearing in accordance with N.J.A.C. 7:19-2.13.

N.J. Admin. Code § 7:19-2.15

New Rule R.1990 d.180, effective 3/19/1990.
See: 21 New Jersey Register 3594(a), 22 New Jersey Register 932(a).
Recodified from 7:19-2.17 and amended by R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).