N.J. Admin. Code § 2:25-6.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 2:25-6.4 - Notice and appeals

(a) The Department shall provide a reasonable opportunity to amend an application that is insufficient or to resolve any minor violations of this chapter.

(b) The Department shall provide written notice by regular mail, certified mail, or personal service, to a hemp producer upon a finding of a violation. Such notice shall include:

1. The facts pertaining to the violation;

2. A reference to the rule(s) and/or statute(s) that have been violated;

3. A finding that the conduct constitutes a negligent violation or a violation with a culpable mental state greater than negligence;

4. A statement explaining whether the Department has informed law enforcement of the violation;

5. The basis for the civil administrative penalty issued, if any; and

6. A statement explaining the person's right to a hearing, and that he or she must file an appeal within 20 days of receiving notice.

(c) Any appeal to the Department for a violation of this chapter must be made no later than 20 calendar days after receipt of the notice of violation and be in writing. Appeals shall be sent to:

Director, Division of Plant Industry

New Jersey Department of Agriculture

PO Box 330

Trenton, NJ 08625-0330

(d) If no hearing is requested after 20 days have elapsed, the notice shall become a final order on the 21st day.

(e) Contested cases shall be treated in accordance with N.J.A.C. 2:1-3.10, the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Such disputes will be referred to the Office of Administrative Law for a hearing.

N.J. Admin. Code § 2:25-6.4