New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 14 - CONDUCT OF HEARINGS › Section 19:66-14.1 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a
				  hearing is required pursuant to this subchapter, the Authority shall select a
				  reasonable time and place for the conduct of the hearing and shall so advise
				  the applicant.
(b) All hearings
				  shall be conducted in accordance with the requirements of the Act and the
				  MLUL.
(c) All public notices of
				  hearings pursuant to this subchapter shall be the responsibility of the
				  applicant and shall be provided in accordance with the requirements of the
				  MLUL.
(d) The Authority's land use
				  hearing officer shall preside over all hearings conducted pursuant to this
				  subchapter.
(e) The Division may
				  adopt and publish application checklists and other such forms as it deems
				  necessary to conduct application completeness reviews and hearings on
				  applications for development, with the current revision of such checklists and
				  forms.
(f) An applicant submitting
				  an application shall submit four copies of all applications, checklists, plans,
				  reports, exhibits, and any other data to be submitted as evidence during a
				  hearing.
(g) An application for
				  development shall be deemed complete for purposes of commencing the applicable
				  time period for action by the Authority when so certified by the land use
				  administrator. In the event that the application is not certified complete
				  within 60 days from the date of submission, the application shall be deemed
				  complete for purposes of commencing the applicable time period for action
				  unless the application lacks information indicated on the checklist promulgated
				  by the Division and provided to the applicant and the land use administrator
				  has notified the applicant, in writing, of the deficiencies in the application
				  within 45 days of submission of the application. The applicant may request that
				  one or more submission requirements be waived, in which event the land use
				  administrator shall grant or deny the request, in writing, within 45
				  days.
(h) Once an application has
				  been deemed complete, the Authority shall comply with the time lines set forth
				  in the MLUL to conduct hearings.
(i) The land use hearing officer may direct
				  the administration of oaths and compel the attendance of witnesses, the
				  production of relevant papers, and inquire into and establish qualifications of
				  the witnesses appearing.
(j)
				  Applicants, other than individuals or sole proprietorships, shall be
				  represented by an attorney admitted to practice law in the State of New
				  Jersey.
(k) All testimony by
				  witnesses at any hearing shall be given under oath, and every party of record
				  at a hearing shall have the right to present evidence and to examine and to
				  cross-examine witnesses on all relevant issues, but the hearing officer may
				  impose reasonable limitations on the number of witnesses heard and on the
				  nature and length of their testimony and cross-examination.
(l) The Authority shall arrange for a
				  transcript of the hearing, the cost of which shall be borne by the applicant.
				  All exhibits accepted into evidence shall be properly identified, and provided
				  to the Authority by the applicant in an electronic format acceptable to the
				  Authority. The transcript and exhibits shall be filed with the Authority and
				  shall be a part of the public record.
(m) The land use hearing officer may continue
				  the hearing from time to time as may be reasonably necessary, and may refer the
				  matter for further investigation, as necessary. A copy of any reports resulting
				  from the investigation shall become part of the public record. The public
				  record shall be closed at the time of conclusion of the hearing. Within 60 days
				  of the conclusion of the hearing conducted pursuant to this subchapter, the
				  land use hearing officer shall issue a summary of his or her findings of fact
				  and conclusions of law thereon, together with a recommendation for action, to
				  the Authority governing body. At a regular meeting of the Authority, the
				  governing body shall adopt a resolution approving, denying, or modifying the
				  recommendation of the land use hearing officer, or referring the matter back to
				  the hearing officer for further fact finding. Except as otherwise expressly
				  provided in this chapter, such resolution shall constitute final agency
				  action.
(n) The Division shall
				  cause a Notice of Decision summarizing the action taken by the Authority on the
				  application to be published in a newspaper of record.