N.J. Admin. Code § 14:7-2.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 14:7-2.2 - Notices of probable violation

(a) Upon discovery of a probable violation, Board staff may issue a written Notice of Probable Violation (NOPV) to the alleged violator. The NOPV shall be served in accordance with the New Jersey Office of Administrative Law's procedural rules at N.J.A.C. 1:1-7.

(b) The Notice of Probable Violation shall:

1. State the facts, which constitute the probable violation;

2. Identify the provision of law, rule, regulation or order violated;

3. Identify the maximum permissible penalty for the violation;

4. Include a form of Answering Certification, to be completed and submitted by the alleged violator;

5. Notify the alleged violator of both of the following:

i. Failure of the alleged violator to submit the Answering Certification within the deadline in 14:7-2.3(a) may result in Board findings as to the violation(s) in the NOPV through issuance of a Final Order of Penalty Assessment (FOPA), which may include the maximum penalty permissible by law, without further prior notice to the alleged violator; and

ii. The alleged violator may contest the NOPV in accordance with 14:7-2.3(b). If an alleged violator contests the NOPV, the Board may issue an Administrative Order and Notice of Civil Administrative Penalty Assessment in accordance with 14:7-2.5, in which case the alleged violator may request a hearing in accordance with 14:7-2.6.

(c) The Notice of Probable Violation may include an offer of settlement or compromise.

(d) The Board or its staff may withdraw a Notice of Probable Violation at any time.

N.J. Admin. Code § 14:7-2.2

Amended by R.1998 d.146, effective 3/16/1998.
See: 29 N.J.R. 5184(a), 30 N.J.R. 1050(a).
Recodified in part from N.J.A.C. 14:7-2.3 and amended by R.2009 d.69, effective 3/2/2009.
See: 40 N.J.R. 4915(a), 41 N.J.R. 1083(a).
Section was "Notices of probable violations and informal conferences". Recodified former N.J.A.C. 14:7-3.2(a) as (a) and (b); rewrote (a) and (b); and added (c) and (d). Former N.J.A.C. 14:7-2.2 was reserved.