Current through Register Vol. 57, No. 6, March 17,
2025
(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
N.J.S.A. 52:14F-1et 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.
