Administrative Hearing Request Packet - New Jersey

ADMINISTRATIVE HEARING REQUEST PACKET

STATE OF NEW JERSEY

OFFICE OF ADMINISTRATIVE LAW — CONTESTED CASE

PART I: COVER SHEET AND FILING INFORMATION

Case Information

Type of Agency Action Being Challenged

☐ Denial of License, Permit, or Certification
☐ Revocation of License, Permit, or Certification
☐ Suspension of License, Permit, or Certification
☐ Modification of License, Permit, or Certification
☐ Denial of Benefits or Services
☐ Reduction or Termination of Benefits or Services
☐ Imposition of Fine, Penalty, or Assessment
☐ Enforcement Action
☐ Denial of Application
☐ Rate Determination
☐ Contract Dispute with State Agency
☐ Other Agency Action: [________________________________]

Petitioner / Requesting Party Information

Attorney / Representative Information

Respondent Agency Information

PART II: REQUEST FOR ADMINISTRATIVE HEARING

IN THE MATTER OF:

[________________________________]

Agency Docket No.: [________________________________]

TO: [NAME OF AGENCY]

The undersigned Petitioner, [________________________________] ("Petitioner"), by and through [his/her/its/their] attorney, [________________________________], Esq. (or pro se), hereby requests a contested case hearing before the Office of Administrative Law pursuant to the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 et seq.

Basis for Hearing Request

1. Agency Action Challenged: On or about [__/__/____], the [NAME OF AGENCY] ("Agency" or "Respondent") issued [describe the specific agency action — e.g., a Notice of Proposed Revocation, an Order denying Petitioner's application for, a Final Determination regarding, etc.] [________________________________].

2. Date of Notice: Petitioner received notice of the Agency's action on or about [__/__/____].

3. Timeliness: This Request for Hearing is timely filed within [____] days of [receipt of notice / date of agency action / publication in the New Jersey Register], as required by [cite specific statute or regulation providing the deadline — e.g., N.J.A.C. ____].

4. Statutory Authority for Hearing: Petitioner is entitled to a contested case hearing pursuant to:
   - N.J.S.A. 52:14B-1 et seq. (Administrative Procedure Act)
   - [________________________________] (specific enabling statute)
   - [________________________________] (specific regulation)
   - [________________________________] (additional authority, if any)

5. Type of Hearing Requested:
   ☐ Hearing de novo (full evidentiary hearing)
   ☐ Review on the record
   ☐ Other: [________________________________]

PART III: STATEMENT OF THE CASE

A. Parties

1. Petitioner [________________________________] is a [individual / corporation organized under the laws of [____] / limited liability company / partnership / other: ____] with a principal place of [business / residence] located at [________________________________], in the [City/Township of ____], County of [____], State of New Jersey.

2. Respondent [NAME OF AGENCY] is an agency of the State of New Jersey, with offices located at [________________________________], responsible for [describe the agency's relevant regulatory authority — e.g., the regulation and licensing of ____, the administration of ____ programs, etc.].

B. Factual Background

3. [Provide a concise narrative of the factual background giving rise to the agency action being challenged. Include relevant dates, actions taken by both parties, communications exchanged, and the sequence of events leading to the agency's decision.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

4. On or about [__/__/____], [describe the triggering event — e.g., Petitioner submitted an application to the Agency for ____, Petitioner received a Notice of Violation regarding ____, the Agency conducted an inspection of Petitioner's premises at ____, etc.].

[________________________________]
[________________________________]
[________________________________]

5. On or about [__/__/____], the Agency [describe the agency's response or action — e.g., issued a Notice of Proposed Action, denied Petitioner's application, served Petitioner with an Order to Show Cause, etc.].

[________________________________]
[________________________________]
[________________________________]

6. The Agency's action was based upon [describe the stated reasons for the agency action, as set forth in the agency's notice or order]:

a. [________________________________]
b. [________________________________]
c. [________________________________]
d. [________________________________]

7. Petitioner contends that the Agency's action is [erroneous / arbitrary / capricious / contrary to law / unsupported by the evidence / an abuse of discretion / other: ________________________________] for the reasons set forth in this Request and the accompanying Statement of Issues and Legal Basis.

C. Agency Action Being Challenged

8. The specific agency action being challenged is: [________________________________]

9. A true and correct copy of the Agency's [notice / order / determination / decision] dated [__/__/____] is attached hereto as Exhibit A.

10. The Agency's action [has / has not] become final. [If applicable, describe any prior administrative proceedings or internal appeals.]

PART IV: JURISDICTIONAL STATEMENT

11. The Office of Administrative Law ("OAL") has jurisdiction over this matter pursuant to:

a. N.J.S.A. 52:14F-1 et seq. — The OAL Act establishes the Office of Administrative Law as an independent agency within the Executive Branch, authorized to hear and determine contested cases transmitted to it by state agencies.

b. N.J.S.A. 52:14B-1 et seq. — The Administrative Procedure Act defines "contested case" as a proceeding in which the legal rights, duties, obligations, privileges, benefits, or other legal relations of specific parties are required by constitutional right or by statute to be determined by an agency by decisions, determinations, or orders, addressed to them or disposing of their interests, after opportunity for an agency hearing.

c. N.J.A.C. 1:1-8.2 — The Uniform Administrative Procedure Rules provide that when a state agency determines that a hearing request presents a contested case, the agency head shall transmit the case to the OAL for hearing.

d. [________________________________] — [Cite the specific enabling statute that requires or permits a hearing for the type of agency action at issue — e.g., N.J.S.A. 45:1-21 (professional licensure), N.J.S.A. 26:2H-1 et seq. (health care facilities), etc.].

12. Petitioner has standing to bring this contested case because [he/she/it] is a party whose [legal rights / duties / obligations / privileges / benefits / other legal relations] are directly affected by the Agency's action, specifically: [________________________________].

13. Petitioner has exhausted all required administrative prerequisites, including: [________________________________].

14. This matter is ripe for hearing because the Agency's action constitutes a [final agency action / proposed agency action from which a hearing is available / other: ________________________________].

PART V: STATEMENT OF ISSUES

The following issues are presented for determination in this contested case:

Issue 1:

Whether the Agency's [describe the specific action — e.g., denial of Petitioner's application for licensure, revocation of Petitioner's permit, imposition of a civil penalty in the amount of $____] was [lawful / supported by substantial credible evidence / consistent with applicable statutes and regulations / an abuse of discretion / arbitrary and capricious].

[________________________________]

Issue 2:

Whether the Agency [describe procedural or substantive issue — e.g., afforded Petitioner adequate notice and opportunity to be heard, properly applied the regulatory standards set forth in N.J.A.C. ____, violated Petitioner's constitutional rights under ____, etc.].

[________________________________]

Issue 3:

Whether [describe additional legal or factual issue — e.g., the evidence supports the Agency's finding that Petitioner ____, the Agency's interpretation of N.J.A.C. ____ is correct, Petitioner is entitled to ____, etc.].

[________________________________]

Issue 4:

[________________________________]

Issue 5:

[________________________________]

(Additional issues may be identified during discovery or prehearing proceedings, and Petitioner reserves the right to supplement this statement.)

PART VI: STATEMENT OF FACTS

Petitioner alleges the following facts in support of this Request for Hearing:

Background Facts

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

Facts Related to the Agency Action

6. [________________________________]

7. [________________________________]

8. [________________________________]

9. [________________________________]

10. [________________________________]

Facts Demonstrating Error in Agency Action

11. [________________________________]

12. [________________________________]

13. [________________________________]

14. [________________________________]

15. [________________________________]

Facts Related to Harm and Prejudice

16. As a direct result of the Agency's action, Petitioner has suffered and continues to suffer the following harm: [________________________________].

17. [________________________________]

18. [________________________________]

19. [________________________________]

20. [________________________________]

(Petitioner reserves the right to supplement this Statement of Facts as additional facts become known through discovery and investigation.)

PART VII: LEGAL BASIS FOR CHALLENGE

Petitioner challenges the Agency's action on the following legal grounds:

Ground 1: The Agency's Action Is Not Supported by Substantial Credible Evidence

21. Under New Jersey law, an agency's factual findings must be supported by "sufficient residuum of legally competent evidence." In re Tenure Hearing of Grossman, 127 N.J. Super. 13 (App. Div. 1974). The Agency's action fails this standard because: [________________________________].

22. [________________________________]

Ground 2: The Agency's Action Is Arbitrary, Capricious, or Unreasonable

23. An agency action is arbitrary, capricious, or unreasonable when it is "clearly inconsistent with its legislative mandate" or when it fails to consider relevant factors. In re Proposed Quest Acad. Charter Sch., 216 N.J. 370 (2013). The Agency's action is arbitrary because: [________________________________].

24. [________________________________]

Ground 3: The Agency's Action Violates Applicable Statutes or Regulations

25. The Agency's action is contrary to [cite specific statute(s) and/or regulation(s)] because: [________________________________].

26. [________________________________]

Ground 4: The Agency Failed to Follow Required Procedures

27. The Agency failed to comply with the procedural requirements of [N.J.S.A. ____ / N.J.A.C. ____] in that: [________________________________].

28. [________________________________]

Ground 5: The Agency's Action Violates Constitutional Rights

29. The Agency's action violates Petitioner's rights under [the New Jersey Constitution, Art. ____, Sec. ____ / the United States Constitution, Amendment ____] because: [________________________________].

30. [________________________________]

Ground 6: Additional Legal Grounds

31. [________________________________]

32. [________________________________]

(Petitioner reserves the right to assert additional legal grounds as the case progresses.)

PART VIII: RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that the Administrative Law Judge and/or the Agency:

1. Set aside and reverse the Agency's [describe the specific action — e.g., denial of Petitioner's application, revocation of Petitioner's license, imposition of the civil penalty, etc.] dated [__/__/____].

2. Grant Petitioner [describe the affirmative relief sought — e.g., the license/permit/certification applied for, reinstatement of benefits, restoration of Petitioner's license to full and active status, etc.].

3. Vacate the Agency's order/determination dated [__/__/____] in its entirety.

4. Stay the Agency's action pending the outcome of this hearing, as more fully set forth in Part IX below.

5. Award Petitioner costs and reasonable attorney's fees pursuant to [N.J.S.A. ____ / other applicable authority], if applicable.

6. Order such other and further relief as the Administrative Law Judge and/or the Agency deems just and equitable.

PART IX: REQUEST FOR STAY OF AGENCY ACTION

Application for Stay / Emergent Relief

Petitioner hereby requests that the Agency's [describe the action] be stayed pending the outcome of this contested case hearing.

Standard for Stay

Under N.J.A.C. 1:1-12.6, a party may apply for emergent relief. The standard for emergent relief in OAL proceedings considers the following factors, derived from Crowe v. DeGioia, 90 N.J. 126 (1982):

1. Irreparable Harm: Petitioner will suffer irreparable harm if the Agency's action is not stayed because: [________________________________].

2. Likelihood of Success on the Merits: Petitioner has a reasonable likelihood of success on the merits because: [________________________________].

3. Balance of Hardships: The potential harm to Petitioner if the stay is denied outweighs the potential harm to the Agency and/or the public if the stay is granted because: [________________________________].

4. Public Interest: A stay would not be adverse to the public interest because: [________________________________].

Specific Stay Requested

Petitioner requests that the following specific stay be entered:

[________________________________]
[________________________________]
[________________________________]

Duration of Stay

Petitioner requests that the stay remain in effect until:

☐ The conclusion of the contested case hearing and issuance of a final decision
☐ Further order of the Administrative Law Judge
☐ Other: [________________________________]

PART X: DISCOVERY REQUESTS

A. Request for Production of Documents

Pursuant to N.J.A.C. 1:1-10.1 et seq., Petitioner requests that the Respondent Agency produce the following documents within the time prescribed by the Uniform Administrative Procedure Rules:

1. A complete copy of the administrative file and record relating to the Agency's action being challenged in this matter, including all documents, memoranda, correspondence, reports, and other materials considered by the Agency in reaching its decision.

2. All internal memoranda, emails, notes, and communications relating to the Agency's action regarding Petitioner.

3. All inspection reports, investigation reports, or audit reports relating to Petitioner or the subject matter of this proceeding.

4. All policies, procedures, guidelines, and manuals used by the Agency in making the type of decision at issue in this case.

5. All documents evidencing the Agency's treatment of similarly situated parties or comparable cases.

6. [________________________________]

7. [________________________________]

8. [________________________________]

9. [________________________________]

10. [________________________________]

B. Interrogatories

Petitioner propounds the following interrogatories to the Respondent Agency, to be answered under oath within the time prescribed by the Uniform Administrative Procedure Rules:

1. Identify all persons who participated in or contributed to the Agency's decision to [describe the agency action].

2. State with specificity the factual basis for the Agency's determination that [________________________________].

3. Identify all documents, records, and other materials reviewed or considered by the Agency in making the decision challenged in this proceeding.

4. Describe in detail the procedures followed by the Agency in reaching the decision challenged in this proceeding, including the applicable standards, criteria, and guidelines applied.

5. State whether the Agency has taken similar action against other parties under comparable circumstances, and if so, identify those parties and describe the actions taken.

6. [________________________________]

7. [________________________________]

8. [________________________________]

C. Request for Subpoenas

Pursuant to N.J.A.C. 1:1-11.1, Petitioner requests the issuance of subpoenas for the following witnesses and/or documents:

Note: Under N.J.A.C. 1:1-11.1, subpoenas may be issued by the Clerk of the OAL, any ALJ, or by pro se parties, attorneys, or authorized non-lawyer representatives in the name of the Clerk. Subpoenas should be served in person or by certified mail, return receipt requested, at least five (5) days before the hearing date.

PART XI: WITNESS LIST

Petitioner identifies the following witnesses who may be called to testify at the hearing:

Fact Witnesses

Expert Witnesses

Note: Under N.J.A.C. 1:1-14.11, expert witness testimony may be presented at the hearing. Expert reports should be exchanged in accordance with the prehearing schedule established by the ALJ. The ALJ may require the parties to identify expert witnesses and exchange expert reports prior to the hearing.

(Petitioner reserves the right to supplement this witness list as discovery and investigation continue.)

PART XII: EXHIBIT LIST

Petitioner identifies the following exhibits that may be introduced at the hearing:

(Petitioner reserves the right to supplement this exhibit list as discovery and investigation continue.)

PART XIII: CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on this [____] day of [________________________________], [________], a true and correct copy of the foregoing Administrative Hearing Request Packet, together with all exhibits and attachments, was served upon the following parties by the method(s) indicated:

Respondent Agency:

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

☐ Personal Service
☐ Certified Mail, Return Receipt Requested (Tracking No.: [________________________________])
☐ Regular U.S. Mail, First Class, Postage Prepaid
☐ Facsimile (Fax No.: [________________________________])
☐ Electronic Mail (Email: [________________________________])
☐ Electronic Filing System

Agency Attorney / Representative (if known):

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

☐ Personal Service
☐ Certified Mail, Return Receipt Requested (Tracking No.: [________________________________])
☐ Regular U.S. Mail, First Class, Postage Prepaid
☐ Facsimile (Fax No.: [________________________________])
☐ Electronic Mail (Email: [________________________________])

Additional Party (if applicable):

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

☐ Personal Service
☐ Certified Mail, Return Receipt Requested
☐ Regular U.S. Mail, First Class, Postage Prepaid
☐ Facsimile
☐ Electronic Mail

Signature: [________________________________]
Name: [________________________________]
Date: [__/__/____]

PART XIV: VERIFICATION / AFFIDAVIT

VERIFICATION

STATE OF NEW JERSEY
COUNTY OF [________________________________]

I, [________________________________], of full age, being duly sworn upon [my/his/her] oath, depose and say:

1. I am the Petitioner in this matter [or: I am the [title] of [entity name], the Petitioner in this matter, and am authorized to execute this Verification on behalf of the Petitioner].

2. I have read the foregoing Administrative Hearing Request Packet, including all attachments and exhibits, and the statements of fact contained therein are true and correct to the best of my knowledge, information, and belief.

3. I make this Verification in accordance with N.J. Court Rule 1:4-4, subject to the penalties of N.J.S.A. 2C:28-3 for making false statements.

4. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Signature: [________________________________]
Name (Printed): [________________________________]
Title (if applicable): [________________________________]
Date: [__/__/____]

Sworn to and subscribed before me
this [____] day of [________________], [________].

[________________________________]
Notary Public of New Jersey
My Commission Expires: [__/__/____]

(Notary Seal)

PART XV: SIGNATURE BLOCK

Respectfully submitted,

Signature: [________________________________]

Name: [________________________________]

NJ Attorney ID Number: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Fax: [________________________________]

Email: [________________________________]

Date: [__/__/____]

Attorney for Petitioner [________________________________]

— OR, if Pro Se —

Signature: [________________________________]

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

Petitioner, Pro Se

PART XVI: FILING INSTRUCTIONS AND CHECKLIST

Filing Checklist

Complete the following checklist before submitting the hearing request:

Document Preparation

☐ Administrative Hearing Request Packet completed in full
☐ All fillable fields completed with accurate information
☐ Statement of Case, Issues, and Facts thoroughly prepared
☐ Legal Basis for Challenge identifies specific statutes and regulations
☐ Relief Requested clearly stated
☐ Request for Stay completed (if applicable)
☐ Discovery Requests prepared (if filing contemporaneously)
☐ Witness List prepared (preliminary)
☐ Exhibit List prepared with copies of referenced documents
☐ Certificate of Service completed
☐ Verification / Affidavit executed and notarized
☐ Signature block completed

Copies and Attachments

☐ Original plus [____] copies prepared (check agency requirements)
☐ Copy of Agency Notice/Order/Determination attached as Exhibit A
☐ Copy of any prior correspondence with the Agency attached
☐ Supporting documentation organized and labeled
☐ Cover letter to agency (if required) prepared

Filing

☐ Filing deadline confirmed: [__/__/____]
☐ Filing method confirmed: ☐ In Person ☐ U.S. Mail ☐ Certified Mail ☐ Electronic Filing ☐ Fax
☐ Filing fee paid (if applicable): $[____] — Amount: [________________________________]
☐ Filed with the correct agency (NOT the OAL directly)

Service

☐ Copy served on the Respondent Agency
☐ Copy served on Agency Attorney (if known)
☐ Copy served on all other parties (if applicable)
☐ Proof of service retained
☐ Certificate of Service completed and filed

Post-Filing

☐ Confirmation of receipt obtained from the Agency
☐ Calendar the expected transmittal to OAL (varies by agency)
☐ Calendar prehearing conference date (when scheduled)
☐ Calendar discovery deadlines (when established)
☐ Calendar hearing date (when scheduled)

Agency Filing Addresses

File the hearing request with the Agency that issued the action:

Agency Name: [________________________________]
Filing Address: [________________________________]
City, State, ZIP: [________________________________]
Attn: [________________________________]
Phone: [________________________________]
Fax: [________________________________]
Email/E-filing: [________________________________]

The OAL will receive the case from the Agency after transmittal:

Office of Administrative Law
Quakerbridge Plaza, Bldg. 9
P.O. Box 049
Trenton, NJ 08625-0049
Phone: (609) 588-6500
Fax: (609) 588-6300
Website: https://www.nj.gov/oal/

PART XVII: NEW JERSEY-SPECIFIC PRACTICE NOTES

A. Overview of the OAL Hearing Process

1. Contested Case Defined: Under N.J.S.A. 52:14B-2, a "contested case" is a proceeding in which the legal rights, duties, obligations, privileges, benefits, or other legal relations of specific parties are required by constitutional right or by statute to be determined by an agency after opportunity for an agency hearing.

2. Filing with the Agency: Hearing requests are filed with the state agency that issued the challenged action, not directly with the OAL. The agency determines whether the matter constitutes a contested case.

3. Transmittal to OAL: Under N.J.A.C. 1:1-8.2, when an agency determines that a contested case exists, the agency head transmits the case to the OAL for hearing before an ALJ. The transmittal must include: the request for hearing, the agency's position and the documents on which it relies, and a statement of relevant facts and issues.

4. Assignment of ALJ: The Director of the OAL assigns an ALJ to the case. Parties may challenge the assignment under N.J.A.C. 1:1-14.12 (disqualification of judge).

B. Prehearing Procedures

5. Prehearing Order: Upon transmittal, the ALJ may issue a prehearing order establishing dates for exchange of witness lists, exhibit lists, and expert reports, and setting a prehearing conference.

6. Prehearing Conference: The ALJ may schedule a prehearing conference under N.J.A.C. 1:1-4.1 to narrow issues, discuss settlement, establish a discovery schedule, and address procedural matters.

7. Settlement Conference: The OAL encourages settlement. Either party or the ALJ may request a settlement conference under N.J.A.C. 1:1-4.2. Settlement conferences are non-binding and confidential.

8. Motions: Motions are governed by N.J.A.C. 1:1-12.1 et seq. Motions must be in writing (except during hearings), served on all parties, and include a brief statement of the relief sought and the grounds therefor. The opposing party has the right to respond.

C. Discovery Rules

9. Scope of Discovery: Discovery in OAL proceedings is governed by N.J.A.C. 1:1-10.1 et seq. Discovery may be obtained through document requests, interrogatories, depositions (by agreement or ALJ order), and requests for admissions.

10. Discovery Limitations: Discovery is more limited than in Superior Court proceedings. The ALJ has discretion to control discovery and may limit or deny discovery requests that are unduly burdensome, cumulative, or not relevant.

11. Discovery Schedule: The ALJ will establish discovery deadlines at the prehearing conference or by order. All discovery must be completed before the hearing date.

D. Evidence Rules

12. Rules of Evidence: The New Jersey Rules of Evidence are relaxed in OAL proceedings. Under N.J.A.C. 1:1-15.1, the ALJ may admit evidence that is relevant, material, and reliable, even if it would not be admissible under the New Jersey Rules of Evidence.

13. Hearsay: Hearsay evidence is admissible in contested case hearings. However, under the "residuum rule," a finding of fact cannot be based solely on hearsay evidence — there must be a "residuum" of legally competent evidence to support each factual finding. Weston v. State, 60 N.J. 36 (1972).

14. Burden of Proof: The party seeking to change the status quo generally bears the burden of proof. In license revocation cases, the agency bears the burden. In application denial cases, the applicant typically bears the burden. The standard is preponderance of the evidence unless otherwise specified by statute.

15. Official Notice: The ALJ may take official notice of facts that are judicially noticeable, agency records, and matters within the ALJ's specialized knowledge. N.J.A.C. 1:1-15.5.

E. Hearing Procedures

16. Hearing Format: Hearings are conducted in person, by telephone, or by video conference, as determined by the ALJ. Under N.J.A.C. 1:1-14.1, hearings are public unless a party requests a closed hearing and demonstrates good cause.

17. Hearing Location: Hearings are typically conducted at the OAL in Trenton or at a location designated by the ALJ, which may include agency offices or other convenient locations.

18. Record: All testimony is recorded. A stenographic or electronic record is maintained by the OAL. Parties may request copies of the record at their expense.

19. Post-Hearing Submissions: After the hearing, the ALJ may permit or require post-hearing briefs, proposed findings of fact, and conclusions of law.

F. Decisions and Appeals

20. Initial Decision: The ALJ issues an "initial decision" containing findings of fact, conclusions of law, and a recommended disposition. N.J.A.C. 1:1-18.1 et seq. The initial decision must be issued within 45 days after the hearing record closes, unless extended. N.J.S.A. 52:14B-10(c).

21. Agency Review: The ALJ's initial decision is transmitted to the agency head. Under N.J.S.A. 52:14B-10(c), the agency head may adopt, reject, or modify the initial decision within 45 days. The agency must state its reasons for any modifications.

22. Exceptions: Parties may file exceptions to the initial decision with the agency head within 13 days after receipt of the initial decision, or within such other time as the agency head may prescribe. N.J.A.C. 1:1-18.4.

23. Final Agency Decision: The agency head's decision becomes the final agency decision. This is the decision that may be appealed to the Appellate Division.

24. Appellate Review: A party aggrieved by a final agency decision may appeal to the Superior Court of New Jersey, Appellate Division. The appeal must be filed within 45 days of service of the final agency decision. N.J. Court Rule 2:4-1(b). The standard of review on appeal is whether the agency's decision was arbitrary, capricious, or unreasonable, or was not supported by substantial credible evidence in the record as a whole. Circus Liquors, Inc. v. Governing Body of Middletown Twp., 199 N.J. 1 (2009).

G. Important Timelines

H. Common Filing Deadlines by Agency Action Type

NOTE: Always verify the specific filing deadline in the agency's notice of action. Failure to timely request a hearing may result in waiver of hearing rights.

PART XVIII: APPENDIX — RELEVANT STATUTORY PROVISIONS

New Jersey Administrative Procedure Act (Selected Provisions)

N.J.S.A. 52:14B-2 — Definitions

"Contested case" means a proceeding, including any licensing proceeding, in which the legal rights, duties, obligations, privileges, benefits or other legal relations of specific parties are required by constitutional right or by statute to be determined by an agency by decisions, determinations, or orders, addressed to them or disposing of their interests, after opportunity for an agency hearing...

N.J.S.A. 52:14B-9 — Right to Hearing

In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.

N.J.S.A. 52:14B-10 — Hearing Procedures

(a) In contested cases, all parties shall be afforded the opportunity to respond and present evidence and argument on all issues involved.

(b) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

(c) The administrative law judge shall make an initial decision on the case, which decision shall become the final decision of the agency head unless the agency head modifies or rejects the decision...

N.J.S.A. 52:14F-5 — Powers of the OAL

The Director and the judges of the Office of Administrative Law shall have the power to: administer oaths and affirmations; rule upon offers of proof; regulate the course of hearings; hold conferences for settlement, simplification of issues, or other purposes; require the filing of briefs and other documents; rule upon motions and requests...

Uniform Administrative Procedure Rules (Selected Provisions)

N.J.A.C. 1:1-3.1 — Filing and Service

All papers to be filed in a contested case shall be filed with the Clerk of the Office of Administrative Law...

N.J.A.C. 1:1-10.1 — Discovery

All parties to a contested case shall exchange through the Clerk the names and addresses of witnesses who are expected to testify on their behalf at the hearing, and the documents and other exhibits that are expected to be offered into evidence, as directed by the judge...

N.J.A.C. 1:1-14.1 — Conduct of Hearings

(a) The judge shall regulate the course of the hearing to obtain full disclosure of relevant facts and issues...

N.J.A.C. 1:1-15.1 — Evidence

(a) The judge shall admit all evidence that is relevant, material, and of a sort upon which responsible persons are accustomed to rely in the conduct of serious affairs...

Sources and References

• New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.
• Office of Administrative Law Act, N.J.S.A. 52:14F-1 et seq.
• Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 et seq.
• New Jersey Office of Administrative Law: https://www.nj.gov/oal/
• OAL Hearings Information: https://www.nj.gov/oal/hearings.html
• OAL Rules Overview: https://www.nj.gov/oal/rules/overview/
• NJ Courts — Appellate Division: https://www.njcourts.gov/courts/appellate

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a qualified attorney licensed in New Jersey. Administrative hearing procedures vary significantly by agency and case type. Always verify current statutes, rules, and filing requirements before submitting any documents.