How to Appeal a Permit Decision
Under N.J.A.C. 7:10-10.10 (Physical Connections) and N.J.A.C 7:10-11.17 (Construction Permits) an applicant for a permit or any person, subject to the limitation on third party appeal rights set forth in P.L. 1993, c.359 (N.J.S.A. 52:4B-3.1 through 3.3), who believes himself or herself to be aggrieved with respect to any decision made by the Department regarding such permit application may contest the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, if the Department:
- Denies a permit application, or any part thereof;
- Revokes, withdraws or modifies a previously issued permit approval; or
- Issues a permit with conditions that the applicant considers unreasonable.
Requests for an adjudicatory hearing shall be in writing using the “Administrative Hearing Checklist” and submitted to:
Office of Legal Affairs
ATTENTION: Adjudicatory Hearing Requests
Mail Code: 401-04L
Department of Environmental Protection
401 East State Street
P.O. Box 402
Trenton, New Jersey 08625-0402
In addition the request and supporting documents shall be submitted to:
Diane Zalaskus, P.E.
Mail Code 401-03
NJDEP/ Division of Water Supply & Geoscience
Bureau of Water System Engineering
P.O. Box 420
Trenton, New Jersey 08625-0420
A request for an adjudicatory hearing must be received by the Department within 20 calendar days after the date upon which the notice of decision on the permit application was received by the applicant.
A request for an adjudicatory hearing shall be submitted in writing to the Department and shall contain:
- The Administrative Hearing Checklist
- The name, address and telephone number of the person making the request;
- A statement of the legal authority and jurisdiction under which the request for a hearing is made;
- A brief and clear statement of specific facts describing the Department decision for which a hearing is requested; and
- A statement of all facts alleged to be at issue and their relevance to the Department decision for which a hearing is requested. Any legal issues associated with the alleged facts at issue must also be included.
If the Department does not receive the hearing request within 20 days after receipt by the applicant of the notice of decision on the permit application, the Department shall deny the hearing request.
If the applicant or any person requesting a hearing pursuant to (a) above fails to include all the information required by (d) above, the Department may deny the hearing request.
The Department shall determine whether a request for an adjudicatory hearing should be granted. In making such determination, the Department 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 Department's decision. Where only issues of law are raised by the request for a hearing, the request will be denied. Denial by the Department of a request for an adjudicatory hearing shall constitute the final decision of the Department for the purposes of judicial appeal.
The adjudicatory hearing, if granted, shall be held before an administrative law judge and in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the rules and regulations promulgated thereto.