N.J. Admin. Code § 13:21-15.14 : LAW AND PUBLIC SAFETY — LICENSING SERVICE — NEW JERSEY LICENSED MOTOR VEHICLE DEALERS AND LEASING DEALERS —15.14 - Hearings
(a) Except as provided in
13:21-15.15, prior to revoking, suspending, declining to renew or denying a motor vehicle dealer's license, or prohibiting any activity for which a license is required, the Chief Administrator will send a Notice of Proposed Disciplinary Action to the licensee's or applicant's business address.
(b) Within 25 days of the date of the Notice, the licensee or applicant may request a hearing concerning the proposed disciplinary action.
(c) The hearing request must be in writing, must list all contested issues of material fact, issues of law, and mitigating circumstances that the applicant or licensee intends to demonstrate.
(d) If the Chief Administrator finds that there exist issues of material fact or potentially mitigating circumstances, the matter will be referred for a hearing. The hearing shall be in accordance with the Administrative Procedure Act,
52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 and N.J.A.C. 1:13.
(e) Prior to scheduling a formal hearing, the Chief Administrator may, in his or her sole discretion, elect to conduct a prehearing conference.
(f) If there are no material facts in dispute or specific mitigating circumstances subject to proof or if the licensee does not respond to the Notice of Proposed Disciplinary Action within 25 days from the date of the notice, the Chief Administrator shall issue a Final Administrative Determination appealable only to the Appellate Division of the Superior Court.
(g) Except in the case of extraordinary circumstances, it shall not be a defense to disciplinary action based on a failure to respond to a Notice of Proposed Disciplinary Action that the applicant or licensee was not present at the business address listed in the Commission's records.
(h) Nothing in this subchapter shall prevent the Chief Administrator from seeking to resolve any disciplinary matters through informal means at any stage of disciplinary proceedings described in this section.
N.J. Admin. Code § 13:21-15.14
New Rule, R.2006 d.98, effective 3/6/2006.
See: 37 N.J.R. 1002(a), 38 N.J.R. 1324(a).
Amended by R.2014 d.007, effective 1/6/2014.
See: 45 N.J.R. 870(a), 46 N.J.R. 122(a).
In (f), inserted "within 25 days from the date of the notice", and substituted "shall" for "will".
Amended by R.2014 d.058, effective 4/7/2014.
See: 45 N.J.R. 2178(a), 46 N.J.R. 631(a).
In (c) and (g), inserted "applicant or"; in (g), deleted "or applicant" following "licensee", and substituted "Commission's" for "MVC"; and in (h), substituted "in this subchapter" for "herein".