N.J. Admin. Code § 11:20-20.2

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

Section 11:20-20.2 - Appeals procedures

(a) A member may request a hearing on a final determination by the Board within 20 days from the date of receipt of such final determination as expressly permitted by this chapter as follows:

1. A request for a hearing shall be in writing and shall include:

i. The name, address, daytime telephone number, and fax number of a contact person familiar with the matter;

ii. A copy of the Board's determination;

iii. A statement requesting a hearing; and

iv. A concise statement listing the disputed adjudicative facts warranting a hearing and describing the basis for the member's contention that the Board's findings of fact are erroneous.

2. The Board, after receipt of a properly completed request for a hearing, may provide for an informal conference between the member and the staff and/or members of the Board, to determine whether there are disputed adjudicative facts.

3. The Board shall, within 30 days of a properly completed request for a hearing, determine whether the matter constitutes a contested case pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

i. If the Board finds that the matter constitutes a contested case, it may transmit the matter to the Office of Administrative Law for a hearing consistent with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

ii. If the Board finds that the matter does not constitute a contested case, it may, with the approval of the Director of the Office of Administrative Law, transmit the matter to the Office of Administrative Law for a hearing consistent with N.J.A.C. 1:1-21.

iii. If the Board finds that there are no good-faith disputed adjudicative facts and the matter may be decided on the documents filed, the Board may notify the applicant in writing as to the final disposition of the matter.

N.J. Admin. Code § 11:20-20.2

Amended by R.2006 d.15, effective 1/3/2006.
See: 37 New Jersey Register 2994(a), 38 New Jersey Register 311(a).
In (a), rewrote the introductory paragraph and 1iv; in (a)2, substituted "disputed adjudicative facts" for "material issues of fact in dispute"; in (a)3, substituted "30" for "45" in the introductory paragraph, rewrote i and ii, and added iii.