N.J. Admin. Code § 13:23-5.19 - Request for hearing
(a) If an applicant has been notified in accordance with
N.J.A.C. 13:23-5.18(a) that
the Chief Administrator refuses to renew a license endorsement, the applicant shall be entitled to an administrative hearing concerning such refusal
provided that the applicant has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period
shall commence on the date such notice was mailed to the applicant by the Commission in accordance with
N.J.A.C.
13:23-5.18(a).
(b) If a licensee has been notified in
accordance with N.J.A.C. 13:23-5.18(b)
of a proposed suspension or revocation of its license endorsement(s), the licensee shall be entitled to an
administrative hearing concerning such proposed suspension or revocation provided that the licensee has filed and the Chief Administrator has
received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the licensee by the
Commission in accordance with N.J.A.C.
13:23-5.18(b).
(c) Any written request for a hearing
by an applicant or licensee shall be sent to the Driving School Section of the Commission at the address specified in
N.J.A.C. 13:23-5.5(a). The
hearing request shall contain the following information:
1. The name, license number, place of business and
telephone number of the driving school;
2. A concise statement of facts constituting each ground of
defense;
3. A specific admission, denial or explanation of each fact alleged by the Commission in its
notice or order to show cause, or if without knowledge thereof, a statement to that effect; any allegation in the Commission's notice or order to
show cause that is not answered in accordance with this paragraph shall be deemed to have been admitted; and
4. A statement requesting a hearing.
(d) If the applicant or
licensee does not file a written request for a hearing in accordance with (a), (b), or (c) above, the suspension, revocation or refusal to renew the
license endorsement(s) shall be effective on the date specified in such notice. The licensee shall cease all examination administration effective on
the date specified in such notice.
Notes
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