N.J. Admin. Code § 14:7-2.3

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

Section 14:7-2.3 - Response by alleged violator to Notice of Probable Violation

(a) The alleged violator shall respond to the Notice of Probable Violation by submitting the completed Answering Certification to the Board's Division of Reliability and Security within 21 calendar days after receiving the Notice of Probable Violation and form of Answering Certification. The alleged violator shall submit the Answering Certification regardless of whether the alleged violator wishes to contest the NOPV.

(b) If the alleged violator wishes to contest the NOPV, the alleged violator shall indicate this on the Answering Certification. Board staff may hold an informal conference with the alleged violator.

(c) Following the alleged violator's submittal of the Answering Certification, the Notice of Probable Violation may be resolved informally; and/or the staff and the alleged violator may enter into a written settlement agreement, which shall be presented to the Board for approval.

(d) Nothing in this section or in 14:7-2.2 shall prevent the Board from issuing an Administrative Order and Notice of Civil Administrative Penalty Assessment pursuant to this subchapter at any time upon discovery of a probable violation, nor shall this section be deemed to affect the availability of any other enforcement provision provided for by law, in connection with the probable violation.

(e) If the NOPV is not resolved informally under this section, Board staff may present the matter to the Board for further action as determined by the Board, which may include, but shall not be limited to, the issuance of an AONOCAPA.

N.J. Admin. Code § 14:7-2.3

Amended by R.1998 d.146, effective 3/16/1998.
See: 29 N.J.R. 5184(a), 30 N.J.R. 1050(a).
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 (a) as N.J.A.C. 14:7-2.2(a) and (b); recodified former (b) as (a) and (b); rewrote (a) and (b); in (c), substituted "Following the alleged violator's submittal of the Answering Certification, the" for "The" at the beginning, and "; and/" for "following the alleged violator's response and informal conference, if any;", and deleted "of the Division" following "staff"; deleted former (d); recodified former (e) as (d); in (d), substituted "Nothing" for "The procedure set forth" and "this subchapter" for "N.J.A.C. 14:7-2.4 and 2.5", inserted "or in N.J.A.C. 14:7-2.2", and deleted "not" preceding "prevent", "of any law, rule, regulation or order pertaining to natural gas pipeline safety, including violations of the Underground Facility Protection Act (P.L. 1994, c.118) pertaining to natural gas pipeline safety" preceding the first occurrence of "violation" and "the procedures in" preceding "this section"; and added new (e).
Amended by R.2009 d.291, effective 10/5/2009.
See: 41 N.J.R. 997(a), 41 N.J.R. 3844(b).
In (a), substituted "21 calendar" for "14 business".