New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 20 - DAM SAFETY STANDARDS › Subchapter 2 - CIVIL ADMINISTRATIVE PENALTIES; REQUESTS FOR ADJUDICATORY HEARINGS; ACTIONS BY THE DEPARTMENT TO REPAIR AND MITIGATE › Section 7:20-2.4 - Procedures to request an adjudicatory hearing to contest an administrative order and/or a notice of civil administrative penalty assessment; procedures for conducting adjudicatory hearings

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 the Safe Dam Act,
				the person to whom the administrative order and/or notice of civil
				administrative penalty assessment was issued shall, within 20 days of receipt
				of the order and/or notice, submit an original written request for an
				adjudicatory hearing to:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
				  ATTENTION: Adjudicatory Hearing Requests 401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, NJ 08625-0420
(b) A complete copy of the request shall be
				submitted to the Division of Dam Safety and Flood Control at:
New Jersey Department of Environmental Protection
Division of Dam Safety and Flood Control
501 E. State Street
Mail Code 501-01A
PO Box 420
Trenton, New Jersey 08625-0420
(c) The written request shall include all
				information required by the "Adjudicatory Hearing Request Checklist and
				Tracking Form" available from the Division of Dam Safety and Flood Control, 501
				E. State Street, Mail Code 501-01A, P.O. Box 420, Trenton, NJ 08625-0420 and on
				the Department's website at
www.state.nj.us/dep/damsafety
, as
				follows:
1. The name, address, and telephone
				number of the violator and its authorized representative;
2. The date the violator received the
				enforcement document being contested;
3. A copy of the administrative order and/or
				notice of civil administrative penalty assessment and a list of all issues
				being appealed;
4. The violator's
				defenses to each of the findings of fact stated in short and plain
				terms;
5. An admission or denial of
				each of the findings of fact. 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 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;
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.