N.J. Admin. Code § 12:90-9.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:90-9.1 - Violations

(a) This subchapter shall apply to:

1. Findings of violations of 34:7-1 et seq., and the issuing of penalties pursuant to 34:7-6 of, the Act on Licensing of Operating Engineers and Firemen and 34:7-14 et seq., and the issuing of penalties pursuant to 34:7-26 of, the Act on Inspection of Boilers, Pressure Vessels and Refrigeration Systems;

i. In accordance with 34:7-6 any person who shall violate any of the provisions of the Act on Licensing of Operating Engineers and Firemen shall be liable to a penalty of not less than $ 500.00 nor more than $ 5,000 per day for each violation.

ii. In accordance with 34:7-26, any owner, lessee, seller or operator of any steam or hot water boiler or similar equipment specified in 34:7-14, pressure vessel or refrigeration system who shall sell, use, cause or allow to be used such steam or hot water boiler or similar equipment specified in 34:7-14, shall be liable to a penalty of not less than $ 500.00 nor more than $ 10,000 for each first offense and not less than $ 500.00 nor more than $ 25,000 for each subsequent offense, to be collected by a civil action, or at the Commissioner's discretion;

2. Actions affecting licenses issued pursuant to 34:7-3; and

3. Orders to discontinue use of an unfit vessel pursuant to 34:7-21.

(b) Any person aggrieved by a determination involving a license revocation or suspension under 12:90-4.1 6(e) shall be notified of a right to request a rehearing within 15 calendar days of the date of receipt of the determination.

(c) Any person aggrieved by a finding of violation and/or assessment of penalty made pursuant to 34:7-1 et seq., shall be notified of the right to appeal the determination to the Commissioner within 15 calendar days of receipt of the determination.

(d) Any person aggrieved by an order issued by the Bureau of Boiler and Pressure Vessel Compliance to discontinue use of an unfit vessel notified pursuant to 34:7-21 shall be notified of a right to appeal the determination to the Commissioner within 15 cale ndar days to the date of receipt of the order.

(e) An appeal must be in writing and received within 15 calendar days following the receipt of the notice or determination. All appeals shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. An appellant may be represented by an attorney. If an appeal is not made, the notice shall become the Final Order of the Commissioner upon the expiration of the 15 calendar day period following receipt of the notice or determination.

N.J. Admin. Code § 12:90-9.1

Amended by R.2004 d.195, effective 5/17/2004.
See: 36 New Jersey Register 147(a), 36 New Jersey Register 2421(b).
Rewrote (a)1.