N.J. Admin. Code § 10:161B-2.18
Current through Register Vol. 57, No. 1, January 6, 2025
Section 10:161B-2.18 - Failure to pay a penalty; remedies(a) Within 30 days after the mailing date of a Notice of Proposed Assessment of a Penalty, a facility that intends to challenge the enforcement action shall notify DCN&L of its intent to request a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.(b) The penalty becomes due and owing upon the 30th day from mailing of the Notice of Proposed Assessment of Penalties, if a notice requesting a hearing has not been received by DCN&L. If a hearing has been requested, the penalty is due 45 days after the issuance of a Final Agency Decision by the Commissioner, or designee, if DCN&L's assessment has not been withdrawn, rescinded, or reversed, and an appeal has not been timely filed with the New Jersey Superior Court, Appellate Division, pursuant to New Jersey Court Rule 2:2-3.(c) Failure to pay a penalty within the time frames set forth in (a) or (b) above as applicable may result in one or both of the following actions: 1. Institution of a summary civil proceeding by the State pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.); and/or2. Placing the facility on a provisional license status.N.J. Admin. Code § 10:161B-2.18
Amended by 48 N.J.R. 2791(a), effective 12/19/2016Amended by 55 N.J.R. 2346(a), effective 11/20/2023