N.J. Admin. Code § 7:10A-2.7

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

Section 7:10A-2.7 - Procedures for civil administrative orders, assessment of civil administrative penalties, suspension or revocation of license, or denial of an application to renew a license

(a) Any order, notice of civil administrative penalty assessment, notice of suspension of license, notice of revocation of license, or notice of intent to deny an application to renew a license issued pursuant to this subchapter shall:

1. Be served either personally or by certified mail, return receipt requested upon the person or persons who are the subject of the order or notice;

2. Identify the person or persons alleged by the Department to have committed the violation described in the order or notice;

3. Describe the activity or activities which constitute the violation;

4. Identify the specific provision or provisions of the Act, rule, license or order which have been violated;

5. Describe the remedial or other action which must be implemented or caused to be implemented by the violator and the time periods within which such implementation shall commence and be completed;

6. Identify the office within the Department to which any required reply or other correspondence must be directed;

7. Advise the person or persons named in the order of the right to request an adjudicatory hearing pursuant to the provisions of 7:10A-2.8;

8. In the case of a civil administrative penalty assessment, specify the amount of the civil administrative penalty to be imposed;

9. In the case of a suspension of a license, revocation of a license, or denial of an application to renew a license, include a description of the specific grounds for the suspension, revocation, or the denial of an application to renew; and

10. In the case of a suspension of license, the length of time for which the suspension shall remain in effect.

(b) If a civil administrative penalty is assessed against more than one person for the same violation or violations, each shall be jointly and severally liable for the penalty assessed.

(c) Suspension or revocation of license shall commence and payment of a civil administrative penalty is due upon receipt by the violator of a final order of the Department or when the notice of suspension or revocation of license or notice of civil administrative penalty assessment becomes a final order as follows:

1. If no hearing is requested pursuant to 7:10A-2.8, a notice of civil administrative penalty assessment becomes a final order on the 21st day following receipt of the notice of civil administrative penalty assessment by the violator;

2. If the Department denies a hearing request, a notice of civil administrative penalty assessment becomes a final order upon receipt by the violator of the notice of denial;

3. If a hearing request is submitted by the violator and subsequently withdrawn, the notice of civil administrative penalty assessment becomes a final order upon such withdrawal unless the violator and the Department have executed an administrative consent order or comparable instrument providing otherwise.

N.J. Admin. Code § 7:10A-2.7

Amended by R.2000 d.406, effective 10/2/2000.
See: 32 New Jersey Register 2279(b), 32 New Jersey Register 3585(a).
In (a), inserted a reference to notices of intent to deny applications to renew licenses in the introductory paragraph, and inserted references to denial of applications to renew licenses in 9.