New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 14A - CARNIVAL-AMUSEMENT RIDES
Subchapter 6 - VIOLATIONS, PENALTIES, REMEDIES AND INVESTIGATIONS
Section 5:14A-6.5 - Suspension or revocation of permit
Universal Citation: NJ Admin Code 5:14A-6.5
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Department may immediately suspend or revoke a permit, prior to a hearing, when it is determined that the violations listed in 5:14A-6.2 exist or that the continued holding of the permit, approval or certifications is otherwise a hazard to public health and safety. An owner or manufacturer may request an expedited hearing to contest any such suspension in accordance with the Administrative Procedure Act 52:14B-1 et seq., and the Special Hearing Rules at N.J.A.C. 1:12D.
1. In such
cases, the Commissioner shall adopt, reject or modify the recommended decision
of the Administrative Law Judge on the next business day following receipt of
the Administrative Law Judge's decision. The Commissioner of Community Affairs'
decision shall be final, subject to the right of the owner to appeal to the
Superior Court of New Jersey, Appellate Division. The expedited hearing shall
be held, and a final decision issued by the Commissioner, within 48 hours of
receipt of a written request for such a hearing, except as extended with the
consent of both parties.
2. Failure
of the Department to transmit the hearing request to the Office of
Administrative Law within one business day of the Department's receipt thereof
shall be deemed to be a final agency decision.
3. Failure to issue a decision shall
constitute denial of the appeal.
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