N.J. Admin. Code § 7:14B-12.3 - Request for a stay of the effective date of a Departmental determination
(a) Department decisions are effective
according to their terms, unless stayed by the Department in writing.
(b) The Department, in its discretion, may
grant a stay of the effective date of a Department decision specified in
N.J.A.C. 7:14B-12.2(a)
upon application for a stay by the
aggrieved party.
(c) 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:
1. The granting of the
stay is required as a constitutional or statutory right; or
2. The potential effect on public health and
safety or the environment, which might result from a decision to grant a stay
is greatly outweighed by immediate, irreparable injury to the specific party
requesting such stay.
(d) 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 under N.J.A.C. 7:14B-12.2
to explicitly request a stay of action within the same document, as
well as to describe reasons why such stay should be granted.
(e) Written requests for a stay pursuant to
(c) and (d) above shall be made to the Department at the address provided at
N.J.A.C. 7:14B-12.2 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.
Notes
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