N.J. Admin. Code § 13:85-5.19
Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:85-5.19 - Notice of noncompliance; revocation of approval to provide course at a location(a) The Chief Administrator shall notify the provider in writing when the Chief Administrator finds that:1. A facility, equipment, or recordkeeping or other procedure is not in compliance with this chapter;2. An unqualified person has participated in the course or has served as a rider coach of the course;3. The provider has failed to comply with this chapter; or4. Other good cause exists to consider revocation of approval.(b) The provider shall have 25 days from the date of receipt of the notice to respond to the Chief Administrator in writing. The provider shall set forth in its response an explanation for the noncompliance, what steps the provider has taken to prevent its recurrence, and shall address any other cause for revocation specified in the notice. The notice shall indicate that if no timely written response is received, the Chief Administrator's approval to offer the course at the location or locations specified in the notice is revoked and shall require the provider to return all student classroom materials, rider coach guides, site stamps, waiver forms, and other materials or assistance supplied pursuant to this chapter to the Motor Vehicle Commission.(c) The Chief Administrator shall review any timely written response and may determine, after having any corrective action described in the notice inspected or verified, that the response is sufficient to rescind the notice of noncompliance. In determining whether the response is sufficient to rescind the notice of noncompliance, the Chief Administrator shall consider whether a review of the record shows that the same or similar noncompliance for which the provider received notice pursuant to this rule has previously occurred during the training year and been corrected.(d) If the Chief Administrator determines that the response is insufficient to rescind the notice of noncompliance or a review of the record shows the same or similar noncompliance has occurred on more than one occasion during the training year, the Chief Administrator shall either notify the provider in writing that approval to offer the course at the location or locations identified in the notice is revoked as of the date specified and shall direct the provider to return all student classroom materials, rider coach guides, site stamps, waiver forms, and other materials or assistance supplied pursuant to this chapter to the Motor Vehicle Commission or shall schedule a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., before issuing a final determination.(e) Notwithstanding (b) above, the Chief Administrator may, for good cause, suspend his or her approval for the provider to conduct an MSE course at a location or locations pending a response to a notice of noncompliance and the Chief Administrator's final determination. If the Chief Administrator determines that the public interest requires suspension of an approval pursuant to this chapter prior to hearing, the Chief Administrator may do so, provided that notice containing the reasons for such suspension and the effective date of the suspension is provided to the provider in person, or by certified or regular mail, prior thereto and the provider is afforded the opportunity to request in writing a hearing within 10 days of the effective date of the suspension. When a provider requests an administrative adjudication it shall be held as soon thereafter as practicable. If the Chief Administrator determines it necessary to suspend an approval prior to hearing and the provider submits a request for a hearing within the time prescribed by this subsection, the Chief Administrator may require that a preliminary hearing be held or may refer the matter to the Office of Administrative Law for a preliminary hearing to determine whether sufficient cause exists to continue such suspension until a plenary hearing can be conducted.(f) The provider's written response to the notice specified in (a) above shall be mailed to the Motor Vehicle Commission at the address set forth in N.J.A.C. 13:85-1.3(g) in an envelope marked "Provider's Response to Chief Administrator's Notice."N.J. Admin. Code § 13:85-5.19
New Rule, R.2000 d.240, effective 6/5/2000.
See: 32 N.J.R. 1161(a), 32 N.J.R. 2093(a).
Amended by R.2006 d.206, effective 6/5/2006.
See: 37 N.J.R. 4890(a), 38 N.J.R. 2512(a).
Substituted "Chief Administrator" for "Director" throughout; in (b), substituted "specified" for "stated" two times, "Chief Administrator's" for "Director's", "pursuant to" for "under" and "Motor Vehicle Commission" for "OHTS"; substituted "pursuant to" for "under" in (c); in (d), substituted "specified" for "stated", "pursuant to" for "under" and "Motor Vehicle Commission" for "OHTS"; and in (e), substituted "Motor Vehicle Commission" for "Director", "set forth in N.J.A.C. 13:85-1.3(g)" for "stated at N.J.A.C. 13:85-1.3" and "Chief Administrator's" for "Director's".
Amended by R.2009 d.251, effective 8/17/2009.
See: 40 N.J.R. 5179(a), 41 N.J.R. 3100(a).
In (a)2, substituted "a rider coach" for "an instructor"; in (b) and (d), substituted "rider coach" for "instructor" and "site stamps, waiver forms, and" for "or" following "guides"; in (b), substituted "set forth" for the first occurrence of "state" and "indicate" for the second occurrence of "state" and inserted a comma following "recurrence"; in (d), inserted "materials or"; added new (e); and recodified former (e) as (f).