December 4, 2021

Volume XI, Number 338

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December 03, 2021

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December 02, 2021

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December 01, 2021

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Coming Soon – “Final” New Jersey ALJ Decisions

The Administrative Procedures Act (“APA”) was amended in 2013 to give agencies the authority to order that Administrative Law Judge (“ALJ”) decisions are deemed to be final with respect to certain categories of administrative cases. For such cases, the ALJ decision will not be subject to further review by the head of the agency. I previously wrote on the topic of finality in the adjudicatory hearing process (ALJ Decision Bill) highlighting the chilling effect that agency-head review of ALJ decisions can have on individual rights in the administrative process.

The Office of Administrative Law has proposed regulations to implement this law, paving the way for agencies to take action to streamline the adjudicatory hearing appeal process. What type of cases will be exempted from further review following the decision of an ALJ remains to be seen. Will agencies take action to implement the law in a meaningful way and issue orders that are sufficiently broad and capture a wide array of cases?

© 2021 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume IV, Number 357
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About this Author

Steven M. Dalton, Giordano Law Firm, Attorney, Environmental - Land Use, Environmental - Site Remediation, Land Use & Development Law ,Cannabis Law, Real Estate, Renewable Energy, Environmental Law, Land Use Law, Litigation
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Steve's primary practice is in Environmental Law. He is able to utilize his background in environmental sciences to anticipate, understand and address the issues that his clients confront. Steve assists business and individual clients in state and federal environmental permitting, regulatory compliance, solid and hazardous waste remediation and redevelopment of contaminated sites, underground storage tank compliance, water and sewer rights and approvals, Tideland rights and approvals, and municipal land use matters.  Steve also assists clients with environmental aspects of real estate...

732-741-3900
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