N.J. Admin. Code § 7:14A-17.2 - Request for an adjudicatory hearing
(a) A permittee or
a person who seeks and qualifies to be considered a party to the action
pursuant to
7:14A-17.3 may submit to the
Department a written request, by certified mail, or by other means which
provides verification of the date of delivery to the Department for an
adjudicatory hearing to contest the Department's final decision to:
1. Issue a new permit, permit modification,
permit revocation and reissuance, permit renewal, permit suspension, or permit
revocation;
2. Deny an application
for a new permit or a permit renewal; or
3. Deny a variance pursuant to
7:14A-11.8.
(b) In order to request an adjudicatory
hearing, a permittee shall submit the request in accordance with the
requirements in (e) below within 30 days following receipt of the Department's
notification of a final permit decision under
7:14A-15.15(a). In
addition, the permittee shall provide a copy of its request for an adjudicatory
hearing to any other person named on the permit.
(c) In order to be considered a party to the
action for purposes of requesting an adjudicatory hearing under this section, a
person shall submit a request in accordance with the requirements in (f) below
within 30 days following receipt of the Department's notification of final
permit decision under
7:14A-15.15(a). In
addition, such person shall forward a copy of the request to the
permittee.
(d) The request for an
adjudicatory hearing shall be submitted to the Department at the address listed
below, and a copy of the request shall be submitted to the permit issuing
office:
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
(e) A permittee shall request an adjudicatory
hearing by completing a Department adjudicatory hearing request tracking form
which shall contain the following information:
1. For the Office of Legal Affairs only, a
copy of the permit clearly indicating the permit number and issuance
date;
2. For the permitting office
only, the facility name and permit number;
3. The date that the notification of the
final permit decision was received by the permittee;
4. A list of the specific contested permit
condition(s) and the legal or factual question(s) at issue for each condition,
including the basis of any objection;
5. A statement as to whether the permittee
raised the legal and/or factual issues during the public comment period in
accordance with
7:14A-15.13;
6. The relevance of the legal and/or factual
issues to the permit decision;
7.
Suggested revised or alternative permit conditions and how they meet the
requirements of the State or Federal Act;
8. A request, if necessary for a barrier-free
hearing location for disabled persons;
9. An estimate of the amount of time required
for the hearing;
10. The name,
mailing address and telephone number of the person making the
request(s);
11. The name(s) and
address(es) of the person(s) whom the requester represents; and
12. Information supporting the request or
other written documents relied upon to support the request, unless this
information is already in the administrative record (in which case, such
information shall be specifically referenced in the request).
(f) A person seeking consideration
as a party to the action shall include the following information in such
person's request for an adjudicatory hearing:
1. The facility name and permit
number;
2. A statement setting
forth:
i. Each legal or factual question
alleged to be at issue;
ii. Whether
the legal or factual issue was raised by that person during the public comment
period in accordance with the provisions of
7:14A-15.13;
iii. The relevance of the legal or factual
issue to the permit decision, together with a designation of the specific
factual areas to be adjudicated; and
iv. An estimate of the amount of time
required for the hearing;
3. The date that notification of the final
permit decision was received by the person making the hearing
request;
4. The name, mailing
address, and telephone number of the person making the request;
5. A clear and concise factual statement of
the nature and scope of the interest of the requester which meets the criteria
set forth at
7:14A-17.3(c)4;
6. The names and addresses of all persons
whom the person making the hearing request represents;
7. A request, if necessary, for a
barrier-free hearing location for disabled persons;
8. A statement by the person making the
hearing request that, upon motion by any party granted by the administrative
law judge, or upon order of the administrative law judge's initiative, such
person shall make available to appear and testify at the administrative
hearing, if granted, the following persons:
i.
The person making the hearing request;
ii. All persons represented by the person
making the hearing request; and
iii. All officers, directors, employees,
consultants, and agents of the person making the hearing request;
9. Specific references to the
contested permit conditions, as well as suggested revised or alternative permit
conditions, including permit denials, which, in the judgment of the person
making the hearing request, would be required to implement the purposes of the
State Act;
10. Identification of
the basis for any objection to the application of control or treatment
technologies, if identified in the basis or fact sheets, and the alternative
technologies or combination of technologies which, in the judgment of the
person making the hearing request are necessary to satisfy the requirements of
the State Act; and
11. A completed
Department adjudicatory hearing request tracking form.
(g) The Department, in its discretion, may
extend the time allowed for submission of an adjudicatory request under this
section for good cause.
Notes
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