N.J. Admin. Code § 7:1G-7.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:1G-7.3 - Procedures for the issuance of Administrative Orders and Notices of Civil Administrative Penalties Assessments

(a) The Commissioner may issue an Administrative Order upon finding that an employer is in violation of 34:5A-1 et seq., or any rule or regulation adopted pursuant thereto. Such an order shall:

1. Specify the provision or provisions of the Act, the rule or regulation adopted pursuant thereto of which the employer is in violation;

2. Cite the action which caused the violation;

3. Require compliance with the provision of the Act or the rules or regulations adopted pursuant thereto of which the employer is in violation; and

4. Give notice to the employer of the right to an adjudicatory hearing on the matters contained in the order and specify the procedures for requesting an adjudicatory hearing.

(b) A Notice of Civil Administrative Penalty Assessment may be issued separately or as part of an Administrative Order issued pursuant to 34:5A-31(b) requiring the alleged violator to take necessary action to comply with the Worker and Community Right to Know Act or a rule or regulation issued pursuant to the Act. Such Notice shall include:

1. A reference to the section of the Act, rule, regulation or order violated;

2. A concise statement of the facts alleged to constitute a violation;

3. A statement of the amount of the administrative penalty to be imposed; and

4. A statement of the employer's right to an adjudicatory hearing and notice of the procedure for requesting an adjudicatory hearing.

(c) The alleged violator shall have 20 calendar days from receipt of the Administrative Order and/or Notice of Civil Administrative Penalty Assessment within which to deliver a written request for an adjudicatory hearing to:

New Jersey Department of Environmental Protection

Office of Administrative Hearings and Dispute Resolution

ATTENTION: Adjudicatory Hearing Requests

401 E. State Street

Mail Code 401-07A

PO Box 420

Trenton, New Jersey 08625-0420

(d) The party requesting an adjudicatory hearing shall, in its request for a hearing, furnish the Department with the following:

1. A statement of the legal authority and jurisdiction under which the hearing or action to be taken is to be held;

2. A reference to the particular sections of the statutes and rules involved;

3. A short and plain statement of the matters of fact and law asserted; and

4. The provisions of the order or notice of assessment to which the party objects, the reasons for such objections, and any alternative provisions proposed.

(e) If a hearing request is not timely received by the Department, the Department shall deny the request.

(f) If a request is incomplete the Department may deny the hearing request. An additional 10 days to correct deficiencies in an incomplete filing may be granted by the Department.

(g) The adjudicatory hearing shall be held pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Practice Rules, N.J.A.C. 1:1-1 et seq.

(h) After an adjudicatory hearing, and upon finding that a violation has occurred, the Commissioner or his or her authorized representative may issue a final assessment of the amount of the penalty specified in the notice or such lesser amount as may be assessed pursuant to the provisions on compromise of 34:5A-31(d). If no hearing is requested or if the Department denies the request, the original Administrative Order and Notice of Civil Administrative Penalty Assessment becomes a final order upon the 21st calendar day following its receipt.

(i) Payment of an assessed civil administrative penalty is due when a final order is issued by the Commissioner or the notice becomes a final order. If the alleged violator fails to pay the penalty to the Department or to make acceptable arrangements to pay the penalty within a reasonable period of time thereafter, the Department may institute a civil action pursuant to 34:5A-31(e) for a civil penalty not to exceed $ 2,500 for each day during which the violation continues.

N.J. Admin. Code § 7:1G-7.3

Administrative change to (c).
See: 23 N.J.R. 3325(b).
Amended by R.1994 d.3, effective 1/3/1994.
See: 25 N.J.R. 1631(a), 26 N.J.R. 200(a).
Notice of readoption with technical change.
See: 45 N.J.R. 2599(a).
Administrative correction.
See: 46 N.J.R. 75(a).

Administrative Change, 55 N.J.R. 528(a), effective 2/23/2023