N.J. Admin. Code § 16:53B-5.1 - Hearings and procedures

(a) Only the Commissioner may initiate hearings, for the purpose of assigning bridges, either on the Commissioner's motion or in response to a petition. The hearings will be conducted by the Office of Administrative Law pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:

1. Before initiating such hearings, the Commissioner shall first determine that the requirements of N.J.A.C. 16:53B-3.1(e), as applicable, have been satisfied.

(b) Any party seeking the assignment of jurisdiction over a bridge may petition the Commissioner in writing to initiate hearings. The Commissioner shall have the discretion to decide whether or not to initiate hearings based upon such petition.

(c) In any hearing where the jurisdiction of a bridge is in question or dispute, the preponderance of the evidence shall serve as the standard for the trier of fact.

(d) Upon receiving the findings and recommendations of the Office of Administrative Law, the Commissioner may issue a final order assigning jurisdiction over a bridge, with such conditions as the Commissioner may deem desirable in the interest of protecting the public safety and welfare.

(e) When the Commissioner finds that a bridge is already under an existing jurisdiction, the Commissioner may order continuation of the existing jurisdiction without an allocation of railroad responsibilities as provided in N.J.A.C. 16:53B-6.1.

Notes

N.J. Admin. Code § 16:53B-5.1

Renumbered from N.J.A.C. 16:53B-1.5 by 49 N.J.R. 336(b), effective 2/21/2017