Submitting a Hearing Request

If you disagree with an enforcement penalty or a permitting decision, you can submit a request for an adjudicatory hearing, provided it’s allowed for in the underlying rules. The Office of Administrative Hearings and Dispute Resolution specifically handles adjudicatory hearing requests, as well as offering alternative dispute resolution services.

Various regulations with the Department allow for hearing requests. Examples of appealable documents include Approvals or Denials of a permit, or an Enforcement Order, such as an Administrative Order.

After a hearing request is submitted, it undergoes the Administrative Hearings Process. To see more, visit the Administrative Hearing Process page.

Administrative Hearing Request Checklist and Tracking Forms:

When a party receives a decision from the Department, there may often be an attached checklist to use when submitting an adjudicatory hearing request. Concurrently, these Checklists, known as the “Administrative Hearing Request Checklist and Tracking Form,” must be completed and submitted in order for a hearing request to be granted.

Note: All checklists must be signed by the primary form of contact for the hearing request. If you are being represented by an attorney or a consultant, their contact information must be listed along with yours and they must sign at the bottom of the Checklist. If you are not using representation, then provide your contact information and sign the document.

The Administrative Hearing Request Checklist and Tracking Forms share similarities between enforcement and permitting decisions, but they are not the same. Please check the Checklist attached to your document for specific clauses the program requires. In addition, please make sure you provide all of the information from the Checklist, or your hearing request can be denied.

Similarities Amongst the Checklists

Commonly, you must submit the following information for both enforcement decisions and permitting decisions.

Please note: This is NOT the full list of what to submit. Check the Checklist that came with your specific document for a complete list of what to submit.

  • The date you received the Department decision;
  • A copy of the document that you are appealing;
  • An estimate of time needed for the hearing (most people request 1-2 days);
  • A request for a barrier-free hearing location for physically disabled persons;
  • A clear statement expressing a willingness to negotiate a settlement with the Department program that issued the document;
  • A completed, signed, and dated Adjudicatory Hearing Request Checklist and Tracking Form (specifically, the one that came with the document you are currently appealing).

In addition, you may request Alternative Dispute Resolution in your hearing request.
To do so, simply indicate that you could like to request mediation during settlement discussions through the Office of Administrative Hearings and Dispute Resolution.

Common Errors

Common errors we note in our office:

  • Did not provide the date you received the document;
  • Did not provide a copy of the document in question;
  • Did not provide a completed, signed, and dated copy of the Adjudicatory Hearing Request Checklist and Tracking Form.

Specifically, Enforcement Documents:

  • Did not provide an admission, denial, or claim insufficient knowledge, or a list of what specifically is being appealed.
  • Did not provide defenses, explaining why you are appealing the document.
  • Did not provide supporting information, such as bank statements, invoices, or records of certifications.

Specifically, Permitting Decisions:

  • Did not provide a list of what you are specifically appealing;
  • Did not provide revised or alternative permit decisions.

Unfortunately, if we do not receive the requested information, we must mark your hearing request as deficient.

This can prolong the hearing process and may ultimately lead to your request being denied.

When should I submit a Hearing Request by?

Each hearing request may be unique, in that you may have different deadlines for different documents. Depending on the program that issued the document, you may have from 10 days to up to 35 days to submit your hearing request.

You can find the allotted time period within the decision document. Additionally, the corresponding statute and N.J.A.C. code both have a section with directions for submitting an hearing request, as well as the checklist items and time frame.

Untimely hearing requests may be denied. Please pay attention to the time frame specified in your specific document.

Which types of documents are not appealable?

  • Notices of Violation
  • Notices of Prosecution
  • Notices of Embargo

If you receive a resulting Administrative Order, Notice of Civil Administrative Penalty Assessment, or Administrative Order and Notice of Civil Administrative Penalty Assessment, then you may file a hearing request on these documents.