N.J. Admin. Code § 13:2-19.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:2-19.3 - Pleading procedure

(a) Within 30 days of service of the Notice of Charges on the licensee, the licensee shall enter a plea of guilty, not guilty or non vult to the charges.

(b) If the licensee enters a plea of guilty or non vult, the charges shall be deemed sustained, but the licensee shall have the opportunity:

1. To petition the Director to accept a monetary offer in compromise in lieu of all or part of the penalty or penalties (suspensions only) stated in the Notice of Charges, as provided in N.J.S.A. 33:1-31; and

2. To demonstrate mitigating circumstances, either by written statement or, in the sole discretion of the Director, by oral statement.

(c) If the licensee enters a plea of not guilty, the proceedings shall be considered a contested case. Contested cases shall be filed with the Office of Administrative Law, pursuant to N.J.A.C. 1:1-3.2, or retained by the Director, under the provisions of N.J.S.A. 52:14F-8. The Uniform Administrative Procedure Rules, N.J.A.C. 1:1, shall govern the conduct of all contested cases, except as otherwise provided in N.J.S.A. 33:1-1 et seq. or this chapter.

(d) Prior to the expiration of the 30-day period in which to enter a plea, upon application by the licensee, the Director may, for good cause shown, grant an additional 30-day period for the licensee to enter a plea.

(e) Failure of the licensee to enter a plea within the 30-day period, plus extension, if any, shall be deemed a plea of non vult. Upon submission of a certification by the Division that service was made upon the licensee and that no plea was received within the 30-day period, plus extension, if any, the Director may, in the Director's sole discretion, impose upon the licensee the penalty or penalties stated in the Notice of Charges, or take any other appropriate action, without further notice.

(f) In the event a matter is returned to the Division from the Office of Administrative Law due to the licensee's failure to appear at a scheduled proceeding, pursuant to N.J.A.C. 1:1-14.4, the licensee shall be deemed to have withdrawn any plea previously entered and a plea of non vult shall be entered. No earlier than 14 days of the date of the notice from the Clerk of the Office of Administrative Law returning the case to the agency for this reason, the prosecuting Deputy Attorney General may submit a certification to the Director that the attorney has received no explanation for the licensee's nonappearance and the Director may, in the Director's sole discretion, impose upon the licensee the penalty or penalties stated in the Notice of Charges, or take any other appropriate action, without further notice.

N.J. Admin. Code § 13:2-19.3

New Rule, R.2001 d.447, effective 12/3/2001.
See: 33 N.J.R. 2795(a), 33 N.J.R. 4135(c).
Former N.J.A.C. 13:2-19.3, Pending proceedings; effect upon license or permit, recodified to N.J.A.C. 13:2-19.7.