5:3-48 - Modification of rules, regulations or order; application; hearing; findings and recommendations; record - New Jersey Statutes

5:3-48.  Modification of rules, regulations or order;  application; hearing;  findings and recommendations;  record
    If there are practical difficulties or unnecessary hardships for an owner to  comply with any rules and regulations adopted pursuant to this act, or if an  owner is aggrieved by any order issued thereto, the department may modify the  application of such rules, regulations or order in the spirit of the provisions  of this act with regard to public safety. Any owner may, within 10 days after  the promulgation of such rules or regulations or the service of such order,  apply to the department for a modification of said rules, regulations or order.   The request shall be in writing and shall state the grounds for applying for  such modification.  It shall be the duty of the department to provide such  hearing at the earliest convenient opportunity, at which time the owner shall  have the right to be heard personally or by counsel, to cross-examine witnesses  appearing against him and to produce evidence in his own behalf.  After such  hearing the department shall report in writing its findings and  recommendations, which shall include a description of the conditions under  which the modifications, if any, are permitted.  Such hearing and decision  shall conform to the applicable provisions of the  "Administrative Procedure Act,"  and a record of all authorized modifications shall be kept by the department and open to the public.

     L.1975, c. 105, s. 18, eff. May 29, 1975.