N.J. Admin. Code § 2:50-4.5
Current through Register Vol. 57, No. 1, January 6, 2025
Section 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.N.J. Admin. Code § 2:50-4.5
Adopted by 54 N.J.R. 1704(a), effective 9/6/2022