Current through Register Vol. 56, No. 18, September 16, 2024
(a) Whenever the Department shall act as the
enforcing agency under the State Uniform Construction Code Act (52:27D-128), an
appeal in lieu of the appeal to the county, municipal or joint construction
board of appeals may be made to the Hearing Coordinator, Division of Codes and
Standards, Department of Community Affairs, PO Box 802, Trenton, NJ 08625.
1. The case shall be adjudicated before the
Office of Administrative Law and the final decision shall be issued by the
Commissioner.
2. Such hearings
shall be governed by the provisions of the Administrative Procedure Act,
52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1,
and the time provisions applicable to construction boards of appeal.
(b) Any party in interest
aggrieved by any decision made by a facility manager or owner or administering
agency with respect to compliance with either the Barrier Free Recreation
Standards (N.J.A.C. 5:23- 7.16 through 7.32) or the Playground Safety Subcode
(N.J.A.C. 5:2311) shall have the right to appeal the decision to the
Department.
1. The owner or administering
agency of a recreation facility shall forward such case to the Department.
Hearings shall be conducted in accordance with the provisions of 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) and the final
decision shall be issued by the Commissioner.
2. A "party in interest" may be either the
owner, or authorized representative of the owner, of the premises that is the
subject of the decision or an occupant, user or prospective occupant or user,
of the premises, or a group representative of such occupants, users or
prospective occupants or users; provided, however, that an occupant, user or
representative group shall only be deemed to be a party in interest if notice
of such interest has been given to the Department by the party prior to the
issuance of the Department's determination.
