N.J. Admin. Code § 5:62-6.1

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

Section 5:62-6.1 - Board actions; remedies

(a) The Board may take any and all actions authorized pursuant to N.J.S.A. 45:5AA-8, 9, and 10.

(b) A person whose application for a certificate or business permit has been denied, or whose certificate or business permit has been suspended or revoked, or against whom a civil administrative penalty has been assessed, or who has been issued any other order by the Board, is entitled to a hearing in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administration Procedure Rules, N.J.A.C. 1:1, the Act, and this chapter.

(c) Should the Board have cause to believe that any person is in violation of any provision of the Act or rules promulgated pursuant thereto, the Board may initiate an investigation. If, upon investigation, the Board determines that there has been a violation, the Board may take any and all actions authorized pursuant to N.J.S.A. 45:5AA-8, 9, and 10. Failure by an applicant for a certificate or a business permit, a certificate holder, or a permittee to respond to a written request from the Board or its duly authorized representative for information or to provide necessary information in connection with an investigation by the Board shall be grounds for denial, suspension, revocation, or refusal to renew a certificate or business permit as determined by the Board.

(d) The minimum period of suspension of a certificate or business permit shall be 90 days. The suspension shall terminate and the certificate or business permit be reinstated only when:

1. The suspension period has ended;

2. The certificate holder or permittee has satisfactorily remedied all causes for the suspension and has provided written proof thereof and any other proof determined necessary by the Board;

3. The certificate holder or permittee has submitted a request in writing to the Board to have his or her certificate or business permit reinstated with his or her signed and certified oath, as set forth at N.J.A.C. 5:62-2.1(b)1; and

4. The certificate holder or permittee shall submit a request for reinstatement no later than 90 days after the end of the suspension period. If a request for re-instatement is not timely submitted, the certificate holder or permittee shall reapply as a new applicant for a certificate or a business permit.

(e) The minimum period of revocation of a certificate or business permit shall be two years. At the end of the revocation period, the person whose certificate or business permit has been revoked may apply as a new applicant for certification or business permit pursuant to N.J.S.A. 45:5AA-4 and this chapter.

(f) Civil administrative penalties are determined by the level of violation, that is, first, second, third, or subsequent violation. The amount of the penalty shall be as shown in the following Civil Administrative Base Penalty Matrix unless adjusted by the Board.

Civil Administrative Base Penalty Matrix
Type of Violation	First	Second	Third and Each
	Violation	Violation	Subsequent
			Violation
Performing landscape	$ 500	$ 1,500	$ 3,000
irrigation system maintenance
or repair without having
obtained a certificate and/or
a business permit
Installing a landscape	$ 1,000	$ 2,000	$ 4,000
irrigation system without
having obtained a certificate
and/or a business permit
Advertising landscape	$ 1,000	$ 2,000	$ 4,000
irrigation contracting without
having obtained a certificate
and/or a business permit
Failure to use seal as	$ 250	$ 500	$ 1,000
required
Other	Up to $ 1,000	Up to $	Up to $ 5,000
		2,500

1. The Board shall consider each violation of each provision of the Act or this chapter as a separate and distinct violation. If the violation is of a continuing nature, each day during which a violation continues shall constitute an additional, separate, and distinct violation subjecting the violator to the penalty amount set forth in the Civil Administrative Base Penalty Matrix above.

2. The Board may treat a violation as a first violation solely for the purpose of determining the civil administrative penalty if the violator has not committed the same violation in the preceding three years.

3. The Board may, in its discretion, adjust the penalty amount listed in the Civil Administrative Base Penalty Matrix above on the basis of any factor or combination of factors listed in (f)3i through vii below. No such factor constitutes a defense to any violation.

i. The compliance history of the violator;

ii. The number, frequency, and severity of the violations;

iii. The measures taken by the violator to mitigate the violation or to prevent future violations;

iv. The deterrent effect of the penalty;

v. The cooperation of the violator in correcting the violation and ensuring the violation does not occur again;

vi. Any unusual or extraordinary costs directly or indirectly imposed on the public by the violation; and/or

vii. Any other extenuating, mitigating, or aggravating circumstances.

N.J. Admin. Code § 5:62-6.1

Amended by R.2006 d.435, effective 12/18/2006.
See: 38 N.J.R. 3109(a), 38 N.J.R. 5357(a).
Inserted designation (a) and added (a)1 through (g).
Recodified in part from N.J.A.C. 7:62-4.4 and amended by R.2014 d.051, effective 3/17/2014.
See: 45 N.J.R. 2296(a), 46 N.J.R. 533(a).