N.J. Admin. Code § 2:89-8.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 2:89-8.1 - Violations and enforcement

(a) The NJDA, when it determines that grounds exist, may:

1. Take administrative action to revoke or suspend a license; and/or

2. Seek relief in a court of competent jurisdiction pursuant to 4:23-1, including, but not limited to, an order enjoining unlicensed operations, operations in violations of a license, revoking or suspending a license, and/or granting other relief necessary to enforce these rules.

(b) Where the NJDA determines to proceed administratively to revoke or suspend a license, it shall issue an order which identifies the nature of the violation and the penalty to be sought.

(c) The NJDA shall afford a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Rules of Practice, N.J.A.C. 1:1, to any person who is aggrieved by its order and who has applied to the NJDA for a hearing within 20 days of issuance of an order.

(d) Each of the following acts shall constitute a ground for which any of the disciplinary actions described in (a) above may be taken:

1. Filing an incomplete or fraudulent application or misrepresenting any information on an application;

2. Actions or operations violative of or inconsistent with the terms of the license or these rules;

3. Interfering with inspection;

4. Failing to keep or provide required records; or

5. Undertaking activities for which an Aquatic Farmer License is required by 2:89-2.1(a) without obtaining a license.

(e) First time offenders shall receive written notice of deficiencies and may be given up to 60 days to comply.

1. Failure to comply after 60 days may result in the NJDA seeking relief by any of the enforcement means set forth in (a) above.

(f) Second or subsequent offenses may result in immediate action by the NJDA pursuant to any of the means set forth in (a) above.

N.J. Admin. Code § 2:89-8.1