7:1L-2.3 Payment of fees in contested cases.
(a) When an applicant appeals a decision of the Department to deny a permit or to include certain terms or conditions in a permit, and the appeal results in a contested case pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 through 21, the fee installment required under N.J.A.C. 7:1L-2.1(a)3 shall not be payable until:
1. A final decision in the contested case has been issued by the Commissioner of the Department pursuant to N.J.A.C. 1:1-18.6(a) or (c); or
2. The contested case has been concluded before the issuance of the final decision, such as through a settlement under N.J.A.C. 1:1-19.1 or a withdrawal under N.J.A.C. 1:1-19.2.