New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 24 - ENFORCEMENT › Section 7:13-24.4 - Procedures to request and conduct an adjudicatory hearing to contest an Administrative Order and/or a notice of civil administrative penalty assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To request an
				adjudicatory hearing to contest an administrative order and/or a notice of
				civil administrative penalty assessment issued pursuant to
58:16A-50
et seq., the
				violator shall submit a hearing request in writing within 35 calendar days
				after receipt by the violator of the administrative order and/or the notice of
				a civil administrative penalty assessment being contested. If a violator
				submits the hearing request after this time, the Department shall deny the
				request.
(b) A violator requesting
				an adjudicatory hearing shall provide the following information on an
				adjudicatory hearing request form, available from the Department at the address
				set forth at
				N.J.A.C.
				7:13-1.3:
1.
				The name, address, daytime telephone number, fax number, and e-mail address of
				the violator requesting the hearing and the violator's authorized
				representative;
2. A copy of the
				Department's administrative order and/or notice of a civil administrative
				penalty assessment for which a hearing is being requested;
3. The date that the administrative order
				and/or notice of a civil administrative penalty assessment was received by the
				violator;
4. A specific admission
				or denial of each of the facts appearing in the Department's administrative
				order and/or notice of civil administrative penalty assessment or a statement
				that the person is without knowledge thereof. If the violator is without
				knowledge or information sufficient to form a belief as to the truth of a
				finding, the violator shall so state and this shall have the effect of a
				denial. A denial shall fairly meet the substance of the findings denied. When
				the violator intends in good faith to deny only a part or a qualification of a
				finding, the violator shall specify so much of it as is true and material and
				deny only the remainder. The violator may not generally deny all of the
				findings but shall make all denials as specific denials of designated findings.
				For each finding the violator denies, the violator shall allege the fact or
				facts as the violator believes it or them to be;
5. A statement as to whether the violator
				agrees to allow the Department to delay the transfer of a granted hearing
				request to the Office of Administrative Law for the purposes of engaging in
				settlement negotiations as provided by the Uniform Administrative Procedure
				Rules at N.J.A.C.
				1:1-8.1(b).
i. A person may request that the Department
				determine whether the matter is suitable for mediation by the Department's
				Office of Administrative Hearings and Dispute Resolution. The Department shall
				promptly notify the requester of its determination. If the Department
				determines that the matter is suitable for mediation, the Department shall also
				notify the requester of the procedures and schedule for mediation;
6. Information supporting the
				request and specific reference to or copies of other written documents relied
				upon to support the request;
7. An
				estimate of the time required for the hearing (in days and/or hours);
				and
8. A request, if necessary, for
				a barrier-free hearing location for physically disabled persons.