New Jersey Administrative Code
Title 12A - COMMERCE
Chapter 130 - RESERVED
Subchapter 3 - CURB POLICIES
Section 12A:130-3.4 - Dispute resolution procedures

Universal Citation: NJ Admin Code 12A:130-3.4

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Any person who is aggrieved in connection with the provisions of the rules in this subchapter may protest to ACCCA. The protest shall be submitted in writing within five business days after such aggrieved person knows or should have known of the facts giving rise thereto. Failure to file a timely protest shall bar any further action. The written protest shall set forth in detail the facts upon which the protesting party bases his or her protest.

(b) Upon the filing of a timely protest, ACCCA's Executive Director shall have the authority to conduct a hearing, to settle and resolve a protest of an aggrieved person. This authority shall be exercised in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(c) If the protest is not resolved by mutual agreement, ACCCA's Executive Director or his or her designee shall issue a decision in writing promptly following conclusion of the hearing. The decision shall state the determination made and the reasons for the actions taken. The decision shall be mailed or furnished promptly to the protesting party and any other interested party.

(d) A decision under (c) above shall be final and conclusive, unless any person adversely affected by the decision commences an action in court.

(e) In the event of a timely protest under (a) above, ACCCA shall not proceed further with the action which is the subject of the dispute until the decision is rendered under (c) above, or until the Executive Director after consultation with the appropriate ACCCA personnel makes a written determination that the continuation of the action which is the subject of the dispute without delay is necessary to protect the interests of ACCCA or the public.

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