New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 19 - COMPLIANCE AND SAFETY
Subchapter 1 - ADMINISTRATIVE HEARINGS
Section 13:19-1.13 - Procedures as to when opportunities to be heard are granted

Universal Citation: NJ Admin Code 13:19-1.13

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

(a) The Commission shall not take administrative action against a person unless it has first afforded the person an opportunity to be heard in conformity with this subchapter except as set forth in (b), (c), and (d) below.

(b) When the administrative action proposed by the Commission against any person is one wherein the Commission has authority to act without first providing an opportunity to be heard, such action shall be valid, but the Commission shall promptly afford the person an opportunity to be heard in conformity with this subchapter.

(c) No hearing shall be provided when the action taken by the Commission is required by any law which prescribes a suspension or revocation of a license or a privilege and which requires no exercise of discretion on the part of the Motor Vehicle Commission. No hearing shall be provided when a license or privilege is suspended or revoked by order of a court of competent jurisdiction.

(d) When a license is not suspended or is restored with the distinct understanding that any subsequent moving violation will be cause for a suspension, the issue of any hearing provided with respect to a proposed suspension for such subsequent moving violation will be limited to:

1. Whether or not the licensee has been convicted of a subsequent moving violation; and

2. Determining whether or not the licensee received adequate notice that the license had been restored with that distinct understanding.

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