N.J. Admin. Code § 7:38-13.6 - Civil administrative penalty procedures

Current through Register Vol. 54, No. 7, April 4, 2022

(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 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 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 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.

Notes

N.J. Admin. Code § 7:38-13.6

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