Current through Register Vol. 56, No. 24, December 18, 2024
(a) If an
application for an outdoor advertising permit is denied, the applicant may
appeal the decision in the following manner:
1. An appeal shall be submitted in writing to
the Office of Outdoor Advertising Services at the address found at
N.J.A.C.
16:41C-1.3 within 30 days of the date of the
issuance of the Department's notice of denial. The Department may grant an
extension of this period upon written request by the applicant and for good
cause.
2. An appeal shall request
either an informal hearing, a formal hearing, or both.
3. The appeal shall state the reasons why the
applicant believes the denial was incorrect.
4. If a written appeal is not submitted
within 30 days of the date of the Department's notice of denial, the denial
shall be deemed the final administrative decision of the Department.
(b) If an informal hearing is
requested, the Office of Outdoor Advertising Services shall schedule an
informal hearing within 30 days of its receipt of the written appeal.
1. Within 15 days after the conclusion of the
informal hearing, the Office of Outdoor Advertising Services shall issue a
written decision confirming, modifying, or vacating the denial of the
application. The Department may extend this period for good cause.
2. An applicant may appeal the written
decision by submitting a written request to the Office of Outdoor Advertising
Services, at the address found at N.J.A.C. 16:41C-1.3, for a formal hearing
before the Office of Administrative Law. Requests for formal hearings shall be
submitted within 30 days of the issuance of the written decision. The
Department may grant an extension to the 30-day period upon written request by
the applicant and for good cause.
3. If a written request for a formal hearing
is not received within 30 days of the date of the Department's written
decision, the written decision shall be deemed the final administrative
decision of the Department.
(c) If a formal hearing is requested, the
Department shall transmit the matter to the Office of Administrative Law as a
contested case. Formal hearings shall be conducted in accordance with the
Administrative Procedure Act, N.J.S.A.
52:14B-1et seq., and
52:14F-1
et seq., and the Uniform Administrative Procedure
Rules, N.J.A.C. 1:1.
1. If
two or more contested cases have been consolidated pursuant to an order by the
Office of Administrative Law or another court of competent jurisdiction, the
initial and final decision shall provide for the complete disposition of all
matters, including the issuance of permits to the appropriate party, subject to
the parties' rights to file exceptions or otherwise appeal.
