N.J. Admin. Code § 7:15-3.9

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

Section 7:15-3.9 - Appeals of Department decisions

(a) Except as provided in (g) below, within 30 calendar days from receipt by the applicant of a written notification from the Department of the decision of the Department made pursuant to 7:15-3.1 or 3.2, 3.4(g)2i or ii or 3.4(g)8ii through iv, the applicant may request an adjudicatory hearing to contest the Department decision by submitting a written request to the Department, addressed to the Office of Legal Affairs, ATTENTION: Adjudicatory Hearing Requests, Department of Environmental Protection, PO Box 402, 401 East State Street, 4th Floor, Trenton, New Jersey 08625-0402. A copy of the request shall be submitted to Division of Watershed Management, Department of Environmental Protection, P.O. Box 418, 401 East State Street, 7th Floor, Trenton, N.J. 08625. The request shall include the following information:

1. The name, address, and telephone number of the applicant and its authorized representative if any;

2. The applicant's factual position on each question alleged to be at issue, its relevance to the Department's decision, specific reference to contested factors as well as suggested revised or alternative provisions;

3. Information supporting the applicant's factual position and copies of other written documents relied upon to support the request for a hearing;

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

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

(b) A hearing request not received within 30 days after receipt by the applicant of a written notification from the Department of the decision of the Department, shall be denied.

(c) During the pendency of the review and hearing on a Department decision made pursuant to this chapter, the challenged Department decision shall remain in full force and effect, unless a stay is granted by the Department upon formal request by the applicant.

(d) If the appellant fails to include all the information required by (a) above, the Department may deny the hearing request.

(e) If it grants the request for a hearing, the Department shall file the request for a hearing with the Office of Administrative Law. The hearing shall be held before an administrative law judge and in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. If the subject of the hearing is a proposed amendment to the areawide WQM plan for a designated area, the Department shall provide notice of the hearing to the designated planning agency for that area.

(f) Appeals of decisions made by designated planning agencies under this subchapter shall be made to a court of competent jurisdiction.

(g) An appeal of a consistency determination shall be made in accordance with the statutes and rules that govern the permit that is the subject of the decision. Such an appeal shall not be governed by (a) through (e) above.

(h) If the subject of a Department decision identified under (a) above is a proposed amendment to the areawide WQM plan for a designated area, the designated planning agency for that area may request an adjudicatory hearing to contest the Department decision, regardless of whether or not the applicant requests such a hearing. Such requests shall be governed by (a) through (e) above, and the designated planning agency shall be treated in the same manner as an "applicant" for purposes of those subsections.

(i) An appeal to contest any WQM plan amendment or revision on the ground of noncompliance with the procedural requirements of this chapter shall be commenced within one year from the adoption date of the plan amendment or revision.

N.J. Admin. Code § 7:15-3.9