N.J. Admin. Code § 10:110-5.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:110-5.2 - Administrative subpoena

(a) In accordance with P.L. 1998, c. 1 and N.J.S.A. 2A:17-56.3 4, the Department or its designee, including the probation divisions, may compel, by administrative subpoena, the production of books, papers, accounts, records, and documents, and any financial or other information needed for the establishment, modification or enforcement of a support order.

(b) The subpoena shall be served by certified and regular mail on the person or entity in possession of the information or record that is sought.

(c) Rules concerning civil penalties for lack of response to administrative subpoena are as follows:

1. A civil penalty of $ 25.00 per violation shall be imposed for failure to respond to an administrative subpoena.

2. A civil penalty of $ 500.00 shall be imposed for:

i. Conspiracy between the non-custodial parent and the entity not to supply the information; or

ii. Conspiracy between the non-custodial parent and the entity to supply inaccurate or incomplete information.

3. Payment of the penalty shall be waived if, in response to the notice of the imposition of the penalty, the person or entity complies with the administrative subpoena.

4. All penalties assessed under this section shall be payable to the State Treasurer and may be recovered in a summary proceeding pursuant to N.J.S.A. 2A:58-1 et seq.

N.J. Admin. Code § 10:110-5.2

Amended by R.1998 d.506, effective 10/19/1998.
See: 30 New Jersey Register 1956(a), 30 New Jersey Register 3822(a).
In (a), substituted "In accordance with P.L. 1998, c.1 and N.J.S.A. 2A:17-56.34, the Department or its designee, including the probation divisions," for "The Department" at the beginning.
Amended by R.2004 d.88, effective 3/1/2004.
See: 35 New Jersey Register 3042(a), 36 New Jersey Register 1207(a).
In (a), inserted "and" preceding "any financial or other information needed".