Unless a New Jersey statute or a provision of this Code provides
otherwise, this Article shall govern proceedings in all cases where
the Township or any of its officers, agents or employees are required
to give any person an opportunity to be heard, either on appeal or
before taking action.
For the purpose of this Article, "hearing authority" shall mean
the officer or body authorized to conduct a hearing.
In all cases where a hearing is mandatory, notice shall be given
which shall conform to the following requirements:
A.
Contents. The notice shall be in writing and shall specify the grounds
on which the proposed action is based and the time and place of the
hearing, which hearing shall be within a reasonable time after the
service of the notice.
B.
Service. Notice may be served either personally upon the person or
by mailing a copy to him by certified mail at his last known address.
Service on a tenant or occupant may be made in the foregoing manner
or by leaving a copy of the notice at the premises with any occupant
of suitable age and discretion.
C.
Subpoena power. The hearing authority shall have the power to subpoena
witnesses and documentary evidence with regard to all hearings involving
charges made against a member or officer of the Police Department
pursuant to N.J.R.S. 40A:14-148. The hearing authority in all other
hearings shall have the same power under N.J.R.S. 2A:67A-1.
[Added 7-25-77 by Ord. No. 77-1-III; amended 8-14-78 by Ord. No. 78-49]
In all cases where a person is appealing from the action or
decision of an officer, agent or employee of the Township, as well
as in all cases where a hearing is required to be held only upon the
request of the person affected, notice of the appeal or request for
a hearing shall be given in writing to the hearing authority personally
or by mail within 10 days after the person affected is notified of
the action or decision of the Township or its officer, agent or employee.
The hearing authority shall fix a time and place for a hearing which
shall be within a reasonable time after the notice of appeal or request
for hearing is filed, and written notice of the time and place fixed
for the hearing shall be given to the person affected.
A.
At the hearing any person in interest shall have the right to be
represented by an attorney, to testify himself or to present witnesses
in support of his position, to cross-examine opposing witnesses and,
at his own expense, to have a stenographic record made of the proceedings.
This subsection shall not be construed to prevent the hearing authority
from imposing reasonable limitations upon the number of witnesses
who may testify or the length of time allowed for the examination
or cross-examination of any witness or making any other reasonable
rule or regulation designed to ensure that hearings are conducted
in a fair, orderly and expeditious manner.
B.
Whenever any appeal is made to the Mayor from any final ruling or decision of any municipal officer or employee arising under Chapters 75 and 126 and of this Code, the Chairman of the Construction Board of Appeals or any member he may designate shall testify at the hearing with regard to the recommendations of the Board. Within 10 days after the conclusion of the hearing the Mayor shall render a written decision to all parties.
[Added 9-23-68 by Ord. No. 68-118; amended 2-13-78 by Ord. No. 78-302]
C.
Whenever any appeal is made to the Mayor from any final ruling or decision of any municipal officer or employee arising under Chapter 101 of this Code, the Chairman of the Fire Prevention Advisory Committee or any member he may designate shall testify at the hearing with regard to the recommendations of the Committee. Within 10 days after the conclusion of the hearing the Mayor shall render a written decision to all parties.
[Added 9-23-68 by Ord. No. 68-118; amended 2-13-78 by Ord. No. 78-302]
