New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26 - SOLID WASTE
Subchapter 2C - PARTICIPATION BY LANDFILLS IN SILVER TRACK II TIER OF SILVER AND GOLD TRACK PROGRAM FOR ENVIRONMENTAL PERFORMANCE
Section 7:26-2C.14 - Request for a stay of the effective date of a Departmental determination

(a) The Department, in its discretion, may grant a stay of the effective date of a decision to revoke any previous approval upon application for a stay by the aggrieved party.

(b) To request a stay, an aggrieved party shall submit the following documents, which substantiate, by a preponderance of the evidence, that one of the following circumstances exist:

(c) The Department's decision to grant a contested case hearing request shall not automatically result in a stay of the Department action appealed from, in the absence of an express decision by the Department to stay such action. The burden shall be upon the party requesting a hearing to explicitly request a stay of action within the same document, as well as to describe reasons why such stay should be granted.

(d) Department decisions are effective according to their terms, unless stayed by the Department in writing.

(e) Written requests for a stay of the effective date of the Department's decision shall be made to the Department at the address provided at N.J.A.C. 7:26-2C.13 within 20 days of the date upon which the notice of decision was received.

(f) Any stay granted by the Department shall be temporary and shall not extend beyond the date of the Department's final decision in respect to the contested case.