N.J. Admin. Code § 14:7-2.4

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

Section 14:7-2.4 - Failure of alleged violator to submit Answering Certification

(a) If the alleged violator fails to submit the Answering Certification within the deadline at 14:7-2.3(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 of service of the NOPV in accordance with 1:1-7.2.

(c) If the Board finds one or more violations as set forth in the NOPV in an FOPA, the Board may assess the maximum penalty authorized by law for the violation 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 Division staff, and shall apply the standards in 14:7-2.7.

(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 § 14:7-2.4

New Rule, R.2009 d.69, effective 3/2/2009.
See: 40 N.J.R. 4915(a), 41 N.J.R. 1083(a).
Former N.J.A.C. 14:7-2.4, Procedures for assessment and payment of civil administrative penalties, recodified to N.J.A.C. 14:7-2.5.