N.J. Admin. Code § 7:26-2C.13

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

Section 7:26-2C.13 - Requests for an adjudicatory hearing

(a) Any applicant or participating entity who is aggrieved with respect to any of the following may request a contested case hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1:

1. If an applicant or participating entity is aggrieved with respect to a decision made by the Department to:

i. Deny an application to participate in the Silver Track II Tier of the Silver and Gold Track Program for Environmental Performance;

ii. Deny or modify any plan submitted pursuant to any requirement of this subchapter;

iii. Impose any condition on any approval issued pursuant to any requirement of this subchapter, which the applicant, or participating entity finds objectionable;

iv. Revoke, withdraw or modify any approval issued pursuant to any requirement of this subchapter;

v. Deny an entity the ability to participate in the Silver Track II Tier of the Silver and Gold Track Program for Environmental Performance through the deferral track provisions, N.J.A.C. 7:26-2C.15; or

vi. Deny the request for a stay under N.J.A.C. 7:26-2C.14.

(b) Requests for a contested case hearing shall be submitted to:

New Jersey Department of Environmental Protection

401 E. State Street

Mail Code 401-07A

PO Box 420

Trenton, NJ 08625-0420

(c) All requests for a contested case hearing must be received by the Department within 20 days of the date upon which the notice of decision was received.

(d) All requests for a contested case hearing must be submitted by the applicant in writing to the Department in accordance with (b) above and shall contain:

1. The name, address and telephone number of the person making such request;

2. A statement of the legal authority and jurisdiction under which the request for a hearing is made;

3. A brief and clear statement of specific facts describing the Department decision being appealed, as well as the nature and scope of the interest of the requester in such decision; and

4. A statement of all facts alleged to be at issue and their relevance to the Department decision for which a hearing is requested. Any legal issues associated with the alleged facts at issue must also be included.

(e) Determinations made pursuant to this section shall be made in writing and mailed to the specific party making such request.

(f) The Department shall determine whether any request for a contested case hearing should be granted. In making such determination, the Department 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 Department's decision. Where only issues of law are raised by a request for a hearing, the request will be denied. Denial by the Department of a request for a contested case hearing shall constitute the final decision of the Department for the purposes of judicial appeal.

N.J. Admin. Code § 7:26-2C.13

Amended by 47 N.J.R. 991(a), effective 5/18/2015.

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