N.J. Admin. Code § 2:50-4.5 - Penalties
(a) When the
Department receives evidence that any licensee has changed its premium program
or diverted milk to another location for the purposes of circumventing
N.J.A.C.
2:50-4.2, or reducing the amount payable to a
New Jersey producer pursuant to
N.J.A.C.
2:50-4.2, the Director shall hold a hearing
pursuant to N.J.S.A. 4:12A-35.
(b)
Any licensee who has been found to have changed its premium program or diverted
milk to another location for the purposes of circumventing
N.J.A.C.
2:50-4.2, or reducing the amount payable to a
New Jersey producer pursuant to
N.J.A.C.
2:50-4.2, in violation of any of the
provisions of N.J.S.A. 4:12A-35, the licensee shall be subject to the following
penalties:
1. First offense: suspension of
the license required pursuant to
N.J.S.A.
4:12A-28, until such time as the licensee
fully corrects the violation as determined by the Director.
2. Each subsequent offense: suspension of the
license required pursuant to
N.J.S.A.
4:12A-28, until such time as the licensee
fully corrects the violation, as determined by the Director, except that after
the second violation of any of the provisions at
N.J.S.A.
4:12A-35 by the same licensee within a
three-year period, the Director shall permanently revoke the license required
pursuant to
N.J.S.A.
4:12A-28.
(c) The Director shall make the initial
determination as to whether to suspend or revoke a license pursuant to N.J.S.A.
4:12A-35, as provided at (b)2 above.
(d) Any licensee who is aggrieved by the
determination of the Director pursuant to this section shall, upon written
request, transmitted to the Department within 20 days of the decision to
suspend or revoke the license, be afforded the opportunity for a hearing
thereon in the manner provided for contested cases pursuant to the
Administrative Procedure Act,
N.J.S.A.
52:14B-1 et seq., and
52:14F-1 et seq., and the Uniform
Administrative Procedure Rules, N.J.A.C. 1:1.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.