N.J. Admin. Code § 7:38-13.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:38-13.6 - Civil administrative penalty procedures

(a) To assess a civil administrative penalty, the Department shall notify the violator by certified mail (return receipt requested) or by personal service. This notice of civil administrative penalty assessment shall:

1. Identify each portion of the rule and/or condition violated;

2. State the facts alleged to constitute the violation;

3. State the amount of the civil penalties to be imposed; and

4. Advise the violator of the right to request an adjudicatory hearing under N.J.A.C. 7:38-13.12.

(b) The violator shall pay a civil administrative penalty immediately upon receipt of the Department's final order in a contested case, or as soon as a notice of civil administrative penalty assessment becomes a final order as follows:

1. If no hearing is requested pursuant to N.J.A.C. 7:38-13.13, a notice of civil administrative penalty assessment becomes a final order on the 21st day after the violator receives the notice;

2. If the Department denies a hearing request under N.J.A.C. 7:38-13.13, a notice of civil administrative penalty assessment becomes a final order upon the violator's receipt of the denial; or

3. If the Department grants a hearing, and the Commissioner finds that a violation has occurred, the Commissioner issues a final order assessing the amount of the civil administrative penalty.

N.J. Admin. Code § 7:38-13.6