N.J. Admin. Code § 7:28-27.31

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

Section 7:28-27.31 - Request for adjudicatory hearing

(a) Within 20 calendar days from receipt of a notice limiting the number of affiliations pursuant to N.J.A.C. 7:28-27.5(i), or a certification denial, or a suspension or revocation issued by the Department pursuant to N.J.A.C. 7:28-27.29, the individual or business may request an adjudicatory hearing to contest such action by submitting a written request to the Department to the following two addresses:

1. Office of Legal Affairs

ATTENTION: Adjudicatory Hearing Requests

Department of Environmental Protection

Mail Code 401-04L

PO Box 402

401 East State Street, 7th Floor

Trenton, New Jersey 08625-0402; and

2. The address at N.J.A.C. 7:28-1.5(a).

(b) The individual or business requesting a hearing shall include with the completed Adjudicatory Hearing Request Checklist the following information:

1. The name, address, telephone number, and electronic mail address of:

i. The person the Department named in the notice limiting the number of affiliations, or certification denial or the suspension or revocation for which the hearing is sought;

ii. A contact person or authorized representative, if the person the Department named in the notice limiting the number of affiliations, or certification denial or the suspension or revocation is other than an individual; and

iii. The person's attorney, if any;

2. The date the person received the notice limiting the number of affiliations, or certification denial or the suspension or revocation for which a hearing is sought;

3. A copy of the notice limiting the number of affiliations, or certification denial or the suspension or revocation for which a hearing is sought, pursuant to (a) above;

4. A list of all factual and legal issues that the person is contesting, with each defense position stated in short and plain terms, and in accordance with (c) below;

5. Documents or information supporting the request for a hearing, and specific reference to, or copies of other written documents relied on, to support the request;

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

7. A request, if necessary, for a barrier-free hearing location for physically disabled persons.

(c) The individual or business requesting the hearing shall include an admission, a denial, or an averment of insufficient knowledge or information of the findings listed in the document being contested, as follows:

1. If the individual or business is without knowledge or information sufficient to form a belief as to the truth of a specific finding, the individual or business shall so state and this shall have the effect of a denial;

2. If the response to the Department allegation of noncompliance is that the individual or business has complied with some or all of the applicable requirements, a description of all such compliance, including specific citation to each applicable requirement with which the person alleges it has complied; the facts and circumstances of the compliance; and evidence of compliance and the date of compliance;

3. If an individual or business intends to deny any finding or portion of the finding in the document:

i. The individual or business shall identify the finding or portion of the finding that is denied. A general denial of some or all of the findings shall have the effect of an admission of each finding generally denied;

ii. For each finding or portion of a finding the individual or business denies, the individual or business shall explain the factual and legal basis of the denial. Any failure to provide a factual and legal basis for a denial shall have the effect of an admission of the finding; and

iii. The individual or business shall ensure that each denial fairly meets the substance of the finding or portion of the finding denied. A denial that does not meet the substance of the finding denied shall have the effect of an admission of the finding; and

4. If an individual or business fails to either admit or deny any specific finding or portion of a finding, this shall have the effect of an admission of that finding.

(d) The Department shall deny a request for a hearing, if:

1. The Department does not timely receive a complete request for a hearing pursuant to (a) above; or

2. The individual or business fails to include in the request for a hearing, all the information required at (b) and (c) above.

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

N.J. Admin. Code § 7:28-27.31

Amended and recodified from 7:28-27A.31 by 55 N.J.R. 165(a), effective 12/3/2022