issued an initial decision on the appeals.

The ALJ concluded that the NJDEP's LOI determination was proper, and that

the conditions the NJDEP imposed on the GP were appropriate. On December

29, 2005, the Commissioner of the NJDEP issued a final decision on the appeals,

adopting the ALJ's initial decision.

      In February 2008, Salas submitted an application to the NJDEP for a

freshwater wetlands individual permit, and in October 2010, the NJDEP denied

the application. Salas filed an administrative appeal from that decision, and the

NJDEP referred the matter to the OAL for a hearing. Thereafter, Salas and the




                               his or her

official capacity is not a suit against the official but rather a suit against the

official's office." Will, 491 U.S. at 71 (citation omitted). As a result, neither a

state nor its officials acting in their official capacities are persons amenable to

suit under § 1983.

      In this case, Fanz was acting in his official capacity as the Manager of the

NJDEP's Bureau of Coastal Regulation when he denied Salas's application for a

freshwater wetlands individual permit.       He was also acting in his official

capacity when he allegedly circumvented the "conditions which must be

established before reconsideration of a permit denial." Furthermore, Anderson

was acting in his official capacity as an environmental specialist with the

NJDEP's Bureau of Coastal Regulation when he determined that