Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:26C-9.9 - Procedures for assessment and payment of civil administrative penalties(a) In order to assess a civil administrative penalty for violations listed in 7:26C-9.5(b), the Department shall, by means of a notice of civil administrative penalty assessment, notify the violator by certified mail (return receipt requested) or by personal service. The Department may, in its discretion, assess a civil administrative penalty for more than one offense in a single notice of civil administrative penalty assessment or in multiple notices of civil administrative penalty assessment. In each notice of civil administrative penalty assessment the Department shall: 1.Identify the provision 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 assessed pursuant to N.J.A.C. 7:26C-9.5; and5. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedure in 7:26C-9.10.(b) Payment of the civil administrative penalty is due upon receipt by the violator of the Department's final order in a contested case or when a notice of civil administrative penalty becomes a final order, as follows: 1. If no hearing is requested pursuant to the procedures in N.J.A.C. 7:26C-9.10, a notice of civil administrative penalty assessment becomes a final order on the 21st calendar day following receipt by the violator;2. If the Department denies the hearing request pursuant to the standards in the Administrative Procedure Act, 52:14B-1 et seq., a notice of civil administrative penalty assessment becomes a final order upon receipt by the violator of such denial; or3.If an adjudicatory hearing is conducted, a notice of civil administrative penalty assessment becomes a final order upon receipt by the violator of a final order in a contested case.(c) If the violator fails to contest or does not pay, in whole or in part, a civil administrative penalty imposed pursuant to this subchapter, or fails to agree to a payment schedule, within 30 calendar days of the date that the penalty is due and owing, the violator shall be subject to an interest charge on the amount of the penalty from the date that the amount was due and owing and the interest charge shall continue until the violator pays the penalty in full. (d) The rate of interest charged on any late penalty shall be that established by the New Jersey Supreme Court for interest rates on judgments, as set forth in the Rules Governing the Courts of the State of New Jersey.(e) The Department may assess and recover, by civil administrative order, the reasonable cost of preparing and successfully enforcing a civil administrative penalty. The assessment may be recovered at the same time as a civil administrative penalty, in addition to the penalty assessment.N.J. Admin. Code § 7:26C-9.9
Amended by 50 N.J.R. 1715(b), effective 8/6/2018