New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 1 - DEPARTMENT ORGANIZATION
Subchapter 1 - GENERAL PROVISIONS
Section 7:1-1.5 - Effect of delegation of authority
Current through Register Vol. 56, No. 6, March 18, 2024
(a) No provision of Title 7 of the New Jersey Administrative Code or of any other rules of the Department which delegates any power, duty or authority of the Department or the Commissioner to any delegee shall be construed to limit the power or authority of the Commissioner over the delegated subject matter. Without limiting the generality of the foregoing, the Commissioner may take any action for which responsibility has been delegated to a delegee, with the same force and effect as if such responsibility had not been delegated. Such actions include, without limitation, the grant or denial of an application for a permit; revocation of a permit; action on any other application to the Department; or the issuance of an administrative order, administrative consent order, directive, notice of violation, or penalty assessment.
(b) The election to exercise any delegated power, duty or authority shall be solely within the discretion of the Commissioner.
(c) No provision of this section shall be construed as affecting any substantive or procedural provisions of Title 7 of the New Jersey Administrative Code or of any other rules of the Department, except to the extent that any such provision delegates any power, duty, or authority of the Department or the Commissioner to any delegee. No provision of this section shall be construed as affecting the right of any person to an administrative hearing under 52:14B-10, or administrative review under 52:14B-12.
