N.J. Admin. Code § 3:17-10.2

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

Section 3:17-10.2 - Initiation of action

(a) Before an administrative penalty is imposed, the Department shall direct a notice by certified mail and regular mail, or by personal delivery, to the last known business or mailing address of the alleged violator. The notice shall include:

1. A reference to the statute, rule and/or administrative order alleged to be violated;

2. A concise statement of the facts on which the violation is based;

3. A statement of the administrative penalty, penalties or other relief sought to be imposed; and

4. A statement advising the alleged violator of the right to a hearing and the procedure for requesting a hearing.

(b) The notice may describe more than one violation, or more than one specific penalty or other relief for each violation. A single form of notice may be used to notify several alleged violators, so long as all are named and served with a copy of the notice in conformity with the provisions of (c) below.

(c) The notice shall be served by personal delivery, or by certified mail and regular mail to the alleged violator's last known business or mailing address, according to the files maintained by the Department. Service in this manner shall be considered lawful service on the alleged violator.

N.J. Admin. Code § 3:17-10.2