N.J. Admin. Code § 8:62-5.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:62-5.5 - Hearings

(a) Where the Commissioner assesses an administrative penalty under N.J.A.C. 8:62-5.4above or proposes to suspend or revoke a permit or certification, denies an application for a permit or certification, or revokes an instructors approval, the permit holder, certificant, applicant, or instructor, as the case may be, shall have the right to a formal hearing under (c) below.

(b) In the event the Department issues an order to cease and desist to a permit holder or certificant pursuant to N.J.A.C. 8:62-5.3, the permit holder or certificant may request an emergent hearing pursuant to N.J.S.A. 52:14B-1et seq., in accordance with (c) below.

(c) Any permit holder, certificant, applicant, or instructor shall have the right to contest an agency action under this chapter at a formal hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, provided that a written request for the same is submitted within 30 calendar days after the assessment of an administrative penalty.

1. Hearing requests shall be sent via U.S. mail to:

New Jersey Department of Health

Office of Legal and Regulatory Compliance

PO Box 360

Trenton, N.J. 08625-0360

(d) Where a permit holder, certificant, applicant, or instructor fails to request a hearing within the 30 calendar day period, his or her right to a hearing pursuant to this section shall be deemed waived and the Commissioner's proposed action shall become final.

(e) Payment of the civil administrative penalty shall be due when a final order is issued or the notice becomes a final order.

N.J. Admin. Code § 8:62-5.5

Amended by 51 N.J.R. 1358(a), effective 8/19/2019