N.J. Admin. Code § 3:18-9.2

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

Section 3:18-9.2 - Initiation of action

(a) Before an administrative penalty is imposed, the Department shall direct a notice by certified mail and regular mail, or by personal delivery, or by any other means consistent with 1:1-7.1 and recognized by the Courts of this State as valid service in administrative actions, to the last known business or residence or other address of the alleged violator. The notice shall include:

1. A reference to the statute, rule, and/or administrative order alleged to have been violated;

2. A concise statement of the facts on which the violation is based;

3. A statement of the administrative penalties or other relief sought to be imposed; and

4. A statement advising the alleged violator of their right to a hearing and the procedure for requesting a hearing.

(b) The notice may describe more than one violation, or more than one specific penalty or other relief for each violation. A single form of notice may be used to notify several alleged violators, so long as all are named and served with a copy of the notice in conformity with the provisions of this section and N.J.A.C. 1:1.

(c) Service as set forth in (a) and (b) above shall be considered lawful service on the alleged violator.

N.J. Admin. Code § 3:18-9.2