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D.R. HORTON, INC. v. N.J. DEP. OF ENVIRONMENTAL PROTECTION

891 A.2d 1253 (2006)

383 N.J. Super. 405

D.R. HORTON, INC.-NEW JERSEY (named as D.R. Horton, Inc.), Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 2006.

Attorney(s) appearing for the Case

Sokol, Behot, & Fiorenzo, Hackensack, attorneys for appellant (Herbert B. Bennett, on the brief).

Nancy Kaplen, Acting Attorney General, attorney for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Leena A. Raut, Deputy Attorney General, on the brief).

Before Judges SKILLMAN, AXELRAD and PAYNE.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether a statutory deadline for a party requesting a hearing to contest administrative agency action is subject to the substantial compliance doctrine.

On November 2, 2004, appellant D.R. Horton, Inc. received notice from the Department of Environmental Protection (DEP) of an $18,000 penalty assessment for alleged violations of regulations adopted under...

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