N.J. Admin. Code § 14:2-6.6

Current through Register Vol. 56, No. 18, September 16, 2024

Section 14:2-6.6 - Failure of alleged violator to submit Answering Certification

(a) If the alleged violator fails to submit the Answering Certification within the deadline at 14:2-6.5(a), or fails to attend a hearing or conference as required under this subchapter, the alleged violator shall be deemed in default.

(b) If an alleged violator is in default, Board staff may present the Notice of Probable Violation (NOPV) to the Board for findings and issuance of a Final Order of Penalty Assessment (FOPA), without further notice to the alleged violator. Board staff shall also present proof that the NOPV was served upon the violator in accordance with the Administrative Procedure Rules at 1:1-7.2.

(c) If the Board issues an FOPA, including one or more violations that were set forth in the NOPV, the Board may assess the maximum penalty authorized by law for these violations without further prior notice to the violator and without further opportunity for the violator to contest the penalty.

(d) In determining the appropriate amount of a civil administrative penalty after a default, the Board shall not be bound by any compromise or settlement offer made to the alleged violator by staff, and shall apply the standards in 14:2-6.2.

(e) Payment of a civil administrative penalty assessed under this section is due on the 10th day following service upon the alleged violator of the Board's FOPA or as otherwise specified by the Board.

N.J. Admin. Code § 14:2-6.6

New Rule, R.2009 d.250, effective 8/17/2009.
See: 40 N.J.R. 6928(a), 41 N.J.R. 3096(a).