New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26 - SOLID WASTE
Subchapter 17 - CONFIDENTIALITY DETERMINATIONS
Section 7:26-17.22 - Hearing before disclosure of information for which a confidentiality claim has been made
Current through Register Vol. 56, No. 6, March 18, 2024
(a) A claimant may request an adjudicatory hearing to contest disclosure of any information for which a confidentiality claim has been made, at any time. The request shall be in accordance with the requirements of this section and shall be delivered to the Department at the following address:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, New Jersey 08625-0420
(b) The Department may deny a request for an adjudicatory hearing under (a) above if
(c) All adjudicatory hearings shall be conducted in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(d) At the adjudicatory hearing, the respondent shall have the burden of showing that the proposed disclosure is not in accordance with this subchapter.
(e) Pending the completion of the adjudicatory hearing, the Department will refrain from disclosing the assertedly confidential information, unless: