N.J. Admin. Code § 13:2-19.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:2-19.4 - Emergent hearing

(a) If an alleged action of a licensee presents a danger which is an immediate threat to the public health, safety or welfare and contrary to the interest of the community, the Director may, upon request of the Division, issue an Order for Emergent Hearing. The Order shall either provide a plenary hearing on the charges pursuant to (b) below or provide a hearing concerning the imposition of conditions pending a plenary hearing pursuant to (c) below.

1. The hearing date shall be not less than five days from the date of service upon the licensee of the Order for Emergent Hearing. Service shall be made in the same manner set forth in 13:2-19.1(b).

2. In the Order for Emergent Hearing, the Director may impose such conditions to be in effect until the hearing date, as the Director, in the Director's sole discretion, deems necessary to protect the public health, safety and welfare.

(b) The Order for Emergent Hearing shall contain all of the information required for a Notice of Charges, as set forth in 13:2-19.2 and notify the licensee of the time and place of the hearing. The licensee must appear before the Director at the designated time and place for a plenary hearing to answer the charges.

1. An Order for Emergent Hearing regarding charges shall notify the licensee that a failure to appear shall be deemed a plea of non vult to the charges. Upon submission of a certification by the Division that service was made, the Director may impose upon the licensee the penalty or penalties stated in the Order for Emergent Hearing, without further notice.

(c) If the sole purpose of the emergent hearing is to address the imposition of pendente lite conditions, those conditions and the basis upon which the Division seeks to impose the conditions shall be set forth in the Order for Emergent Hearing, instead of the information required in 13:2-19.2. The licensee must appear before the Director at the designated time and place to address the issue of imposition of the conditions pending the plenary hearing.

1. An Order for Emergent Hearing regarding pendente lite relief only shall notify the licensee that a failure to appear shall be deemed to indicate no objection to the conditions only. Upon submission of a certification by the Division that service was made, the Director may impose upon the licensee the condition or conditions stated in the Order for Emergent Hearing, without further notice.

N.J. Admin. Code § 13:2-19.4

New Rule, R.2001 d.447, effective 12/3/2001.
See: 33 N.J.R. 2795(a), 33 N.J.R. 4135(c).
Former N.J.A.C. 13:2-19.4, Expiration or surrender of license; pending proceedings, recodified to N.J.A.C. 13:2-19.8.