N.J. Admin. Code § 14:7-2.5

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

Section 14:7-2.5 - Notice of Administrative Order and Civil Administrative Penalty Assessment (AONOCAPA)

(a) In addition to the Notice of Probable Violation, which can be issued by Board staff under 14:7-2.3, the Board may at any time issue an Administrative Order and Notice of Civil Administrative Penalty Assessment.

(b) The Board shall serve an AONOCAPA in accordance with 1:1-7.2.

(c) The Board may, in its discretion, assess a civil administrative penalty for more than one offense in a single Administrative Order and Notice of Civil Administrative Penalty Assessment or in multiple Administrative Orders and Notices of Civil Administrative Penalty Assessment.

(d) An Administrative Order and Notice of Civil Administrative Penalty Assessment shall:

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

2. Concisely state the facts which constitute the violation;

3. Order such violation to cease;

4. Specify the amount of the civil administrative penalty to be imposed; and

5. Notify the alleged violator of the right to request an adjudicatory hearing pursuant to the procedures in 14:7-2.6. If no hearing is requested, the penalty set forth in the AONOCAPA will be due and owing on the 21st day following service on the alleged violator, without further notice.

(e) If no hearing is requested on an AONOCAPA pursuant to 14:7-2.6, an Administrative Order and Notice of Civil Administrative Penalty Assessment shall become a Final Order, and the penalty in the AONOCAPA shall become due and owing, on the 21st day following service of the Administrative Order and Notice of Civil Administrative Penalty Assessment on the violator.

(f) If a hearing is requested but the Board denies the hearing request pursuant to 14:7-2.6, an Administrative Order and Notice of Civil Administrative Penalty Assessment shall become a Final Order, and the penalty in the AONOCAPA shall become due and owing, upon service on the violator of notice of the hearing request denial.

(g) If an adjudicatory hearing is requested and conducted in accordance with 14:7-2.6, an Administrative Order and Notice of Civil Administrative Penalty Assessment shall become a Final Order upon service on the violator of a Final Order in the contested case.

N.J. Admin. Code § 14:7-2.5

Recodified from N.J.A.C. 14:7-2.4 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 "Procedures for assessment and payment of civil administrative penalties". Rewrote the section. Former N.J.A.C. 14:7-2.5, Procedures to request an adjudicatory hearing to contest an administrative order and notice of civil administrative penalty assessment and procedures for conducting adjudicatory hearings, recodified to N.J.A.C. 14:7-2.6.