New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 3A - BOARD OF TREE EXPERTS
Subchapter 10 - HEARING REQUESTS
Section 7:3A-10.1 - Procedures to request a contested case hearing

Universal Citation: NJ Admin Code 7:3A-10.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) An individual aggrieved by a decision made by the Board, including a notice of assessment of civil administrative penalty, notice of denial, non-renewal, suspension, revocation of a license or business registration, or any other Board decision may request a contested case hearing pursuant to this section and the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq. A written request for a contested case hearing shall be submitted to the Board.

(b) All requests for a contested case hearing shall be received by the Board no later than 20 business days after written notice of any decision in (a) above was received by the individual requesting a hearing.

(c) A request for a contested case hearing shall be submitted in writing to the Board in accordance with (b) above and shall contain:

1. The name, address, and telephone number of the person making the hearing request;

2. A copy of the notice or other document conveying the decision being contested;

3. A brief and clear statement of the requester's interest in such decision;

4. A statement of all facts alleged to be at issue and their relevance to the Board's decision for which a hearing is requested. Any legal issues associated with the alleged facts at issue shall also be included;

5. An admission or denial of each of the Board's findings of fact;

6. A description of the facts and/or issues that the person believes constitutes a defense to any finding or assertion of the Board;

7. Information and documentation supporting the assertions and appeals of the person requesting the hearing and specific reference to, or copies of, other written documents relied upon to support the assertions and appeals;

8. An estimate of the time required for the hearing (in days or hours); and

9. A request, if necessary, for a barrier-free hearing location for physically disabled persons.

(d) If a request for a hearing fails to provide all the information required by (c) above, the Board may deny the request.

(e) All adjudicatory hearings shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(f) The Board shall determine whether any request for a contested case hearing should be granted. In making such determination, the Board shall 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 Board's decision. Where a hearing request sets forth only issues of law, and does not set forth issues of fact, the request will be denied. Denial by the Board of a request for a contested case hearing shall constitute a final agency action of the Board for the purposes of judicial appeal pursuant to the Rules of New Jersey Civil Practice.

(g) If the Board determines a hearing should be granted, the Board shall refer the matter to the Office of Administrative Law (OAL) for an Administrative Law Judge (ALJ) to conduct the hearing. The Board shall affirm, reject, or modify the ALJ's initial decision within 45 days of its receipt thereof by issuing its own final decision. The Board's final decision shall constitute a final agency action for purposes of judicial review under the Administrative Procedure Act, N.J.S.A. 52:14B-12.

(h) The Board shall inform the individual who requested the hearing in writing whether the request for a hearing was granted. If the Board determines not to grant a hearing, it shall provide the reason for its denial in writing.

(i) If no hearing is requested, the assessment of civil administrative penalty; notice of denial, non-renewal, suspension, or revocation of a certificate or business permit; or any other Board decision from which a contested case hearing is to be provided pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., becomes a final order on the 21st day following receipt of the notice by the person.

(j) If a hearing request that has been submitted to the Board is subsequently withdrawn by the requester, the Board action for which the hearing request was requested becomes a final order upon such withdrawal.

(k) The jurisdiction of an appeal of a final agency decision lies with the Appellate Division of the Superior Court of the State of New Jersey, and only arises after the aggrieved individual has exhausted all administrative appeals.

(l) No license or business registration, which is the subject of a final order of suspension, revocation, non-renewal, or denial, shall be valid during the pendency of any action on appeal to a court of competent jurisdiction from that order, unless a stay of the final order has been granted by the court.

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