N.J. Admin. Code § 7:30-13.9

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

Section 7:30-13.9 - Enforcement action

(a) The Department may issue an administrative order against a local school board, the board of trustees of a charter school, or a principal or chief administrator of a private school that fails to comply with the provisions of this subchapter or the provisions of the IPM Act, 13:1F-19 et seq.

(b) Upon identification of a violation, the Department will notify the violator by certified mail (return receipt requested) or by personal service. The notice shall:

1. Identify each section or requirement of this subchapter violated;

2. Concisely state the facts alleged to constitute the violation;

3. Specify action necessary to cure the violation; and

4. Advise the violator of the right to request an adjudicatory hearing.

(c) A person requesting an adjudicatory hearing shall provide the following information in writing to the Department at the address in (e) below within 20 days from receipt of the notice:

1. The name, address, and telephone number of the person requesting the hearing;

2. A copy of the administrative order;

3. A brief description of any findings of fact or conclusions of law which are challenged or contested;

4. A description of any facts or issues which the person believes constitute a defense to the administrative order;

5. Information supporting the request and specific reference to or copies of other written documents relied upon to support the request;

6. An estimate of the time required for the hearing (in days and/or hours); and

7. A request, if necessary, for a barrier-free hearing location for physically disabled persons.

(d) If the person fails to include all of the information required by (c)1 through 7 above, the Department may deny the hearing request.

(e) A request for an adjudicatory hearing shall be submitted to the Department at the address listed below, with a copy to the Pesticide Control Program at PO Box 411, Trenton, New Jersey 086250411:

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

(f) A notice of administrative order shall become a final order as follows:

1. If no hearing is requested, a notice of administrative order becomes a final order on the 21st day after the violator receives the notice;

2. If the Department denies a hearing request, a notice of administrative order becomes a final order upon the violator's receipt of the denial; or

3. If the Department grants an adjudicatory hearing, the resolution of the contested case shall constitute a final order. Hearings shall be conducted in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(g) The penalty provisions of the "Pesticide Control Act of 1971,"13:1F-10, shall not apply to this subchapter.

N.J. Admin. Code § 7:30-13.9

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