N.J. Admin. Code § 11:24B-1.6

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

Section 11:24B-1.6 - CODS: penalties

(a) The Department may assess a penalty of not less than $ 250.00 nor more than $ 10,000 against a CODS for each day that the CODS is in violation of the Act or rules promulgated pursuant thereto, in lieu of, or in addition to, suspension or revocation of a certification.

(b) The Department shall not assess a penalty without providing written notice of the penalty, specifying the reasons therefor, and providing the ODS an opportunity to request a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Hearing Rules, N.J.A.C. 1:1.

1. The Department may, upon the request of the ODS, postpone the effective date of the penalty pending the request for a hearing, or until the final decision forthcoming from the hearing.

2. If an ODS requests a hearing, the ODS shall set forth in its request for a hearing all factual and legal bases upon which the ODS disputes the findings set forth in the notice of penalty assessment.

N.J. Admin. Code § 11:24B-1.6

Amended by R.2009 d.243, effective 8/3/2009.
See: 40 N.J.R. 6529(a), 41 N.J.R. 2965(a).
Deleted (c) and (d).