N.J. Admin. Code § 7:10-3.3

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

Section 7:10-3.3 - Procedures for issuing an administrative order pursuant to the State Act

(a) Whenever the Department finds that a person has violated any provision of the State Act, or any regulation, rule, permit, or order adopted or issued by the Department pursuant thereto, the Department may issue an order specifying the provision or provisions of the State Act, regulation, rule, permit, or order of which the person is in violation citing the action which constituted the violation, requiring compliance with the provision violated and/or requiring restoration of the area which is the site of the violation, and giving notice to the person of his or her right to a hearing on the matters contained in the order. The ordered party shall have 35 days from receipt of the order within which to deliver to the Department a written request for a hearing in accordance with 7:10-3.5. After the hearing and upon finding that a violation has occurred, the Department may issue a final order. If no hearing is requested, then the order shall become final after the expiration of the 35-day period. A request for hearing shall not automatically stay the effect of the order.

Amended by R.2011 d.039, effective 2/7/2011.
See: 42 N.J.R. 17(a), 42 N.J.R. 642(a), 43 N.J.R. 289(a).
In (a), substituted "requiring compliance with the provision violated and/or requiring restoration of the area which is the site" for "ordering abatement", "35 days" for "20 days" and "35-day period" for "20-day period".