Current through Register Vol. 56, No. 18, September 16, 2024
(a) The person aggrieved may appeal any
enforcement action, including rulings, orders, or notices, by submitting a
written hearing request as set forth in this section. Either the owner of the
premises or of the use, or an authorized agent of the owner, may be a person
aggrieved.
1. If from the act of a local
enforcing agency, the request shall be made to the Construction Board of
Appeals in the municipality where the building, structure or premises is
located. If no such Board exists, then the request shall be made to the County
Construction Board of Appeals in the county where the building, structure or
premises is located. At the time made, a copy of the request shall be sent to
the local enforcing agency. (See N.J.A.C. 5:23A)
2. If from the act of the Department the
request shall be made to the Hearing Coordinator, Department of Community
Affairs, Division of Fire Safety, PO Box 809, Trenton, New Jersey 08625-0809.
The hearing shall be conducted by the Office of Administrative Law, with the
Commissioner, or his or her designee, issuing the final decision.
3. All hearing requests shall be signed by a
proper party and shall include:
i. The date
of the act which is the subject of the appeal;
ii. The name and status of the person
submitting the appeal;
iii. The
specific violations or other act claimed to be in error; and
iv. A concise statement of the basis for the
appeal.
(b)
Hearing requests shall not be valid unless submitted within 15 days after
service of a ruling, order or notice, except in cases of imminent hazards. The
right to appeal any order issued during the public health emergency, shall be
extended to 15 days from the end of the public health emergency. The preceding
sentence shall be retroactive to January 1, 2021, and shall expire April 1,
2021.
(c) In imminent hazard cases,
except in emergent circumstances, and in punitive closure cases, the owner
shall have a period of 24 hours to request a hearing before the order to close,
vacate or remove shall be effective. In emergent circumstances, orders may be
effective immediately. Hearing requests within the 24 hour period may be made
orally to the person designated on the form served but shall be written in
accordance with (a)3 above and served on the enforcing agency at the hearing.
At the expiration of 24 hours, if the action required in the order has been
taken, the owner shall have a period of 15 days to request a hearing.
1. If a request is made within 24 hours, a
hearing shall be conducted and a final decision issued within 48 hours of
receipt of the hearing request.
2.
If the request is to a Construction Board of Appeals and no final decision is
issued within two working days, thereafter, the owner may make written
application for a hearing to the Department at the address specified in (a)2
above. The application shall clearly state that it is an imminent hazard appeal
and shall identify the local enforcing agency and Construction Board of
Appeals. In such case, a hearing shall be held and a final decision issued
within three working days from receipt of the request.
3. If the hearing request is made in
accordance with the 15 day provision, a hearing shall be held and a final
decision issued within seven working days.
