New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26A - RECYCLING RULES
Subchapter 13 - ELECTRONIC WASTE MANAGEMENT
Section 7:26A-13.12 - Requests for administrative hearings
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Subject to the limits on third-party hearings at N.J.S.A. 52:14B-3.1 through 3.3, a party who believes it is aggrieved with respect to the Department's decision to approve or disapprove the collection plan of a manufacturer or group of manufacturers may, within 20 calendar days after the date of the decision, request an administrative hearing by submitting the request, in writing, to:
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, NJ 08625-0420 and to:
Department of Environmental Protection
Division of Solid and Hazardous Waste
Bureau of Recycling and Hazardous Waste Management
401 E. State Street, 2nd Floor, West Wing Mail Code: 401-02C
PO Box 420
Trenton, NJ 08625-0420.
(b) A request for an administrative hearing shall contain:
(c) A hearing request not received by the Department within 20 calendar days after the date of receipt of the Department decision being appealed will be denied by the Department.
(d) If the requester does not include all the information required by (b) above, the Department may deny the hearing request.
(e) Following receipt of a complete request for a hearing pursuant to (b) above, the Department may attempt to informally settle the dispute by conducting such proceedings, meetings and conferences as deemed appropriate.
(f) If the Department determines that the matter is a contested case, the Department will transmit the matter to the Office of Administrative Law. Any proceedings will be conducted in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. In making such determination, the Department will evaluate the request to determine whether a contested case exists and whether there are issues of fact which, if assumed to be true, might change the Department's decision. Where only issues of law are raised by a request for a hearing, the request will be denied. Denial by the Department of a request for an administrative hearing shall constitute the final decision of the Department for the purposes of judicial appeal.