ADMINISTRATIVE LAW
01-2-4880 Narayan v. State Of New Jersey Department Of Community Affairs, App. Div. (per curiam) (12 pp.) Appellants Satendra Narayan and Sudha Narayan owned a multiple dwelling in Paterson which was regulated by the Hotels & Multiple Dwellings Law and regulations promulgated thereunder. The Narayans appeal from the final agency decision of respondent State of New Jersey Department of Community Affairs (DCA) denying a hearing regarding notices of continuing unabated violations and orders to abate violations and pay a penalty. The DCA determined the Narayans’ hearing request was untimely. The Narayans received the May 9, 2004 inspection report and order to abate and were aware of the violations within time to comply with the fifteen-day requirement of N.J.S.A. 55:13A-18. Because the Narayans never requested a hearing, the violations were uncontested and appropriately were not considered on review by the Commissioner. Further, the record confirms there were four re-inspections, numerous violations remained unabated as of the last re-inspection on May 2, 2007. Tthe Narayans received all of the notices of continuing unabated violations and orders to abate and pay a penalty within time to comply with N.J.S.A. 55:13A-18. Because the fifteen-day requirement is statutorily mandated, the DCA lacked authority to extend the time period and consider the Narayans’ untimely request for a hearing. In addition, there were no equitable grounds for extending the time requirement. The Narayans never requested a hearing until July 13, 2012. The appellate panel concludes that the DCA’s decision to deny the Narayans’ untimely request for a hearing was amply supported by the record and was not arbitrary, capricious, or unreasonable.
