N.J. Admin. Code § 7:20-2.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:20-2.3 - Procedures for assessment, settlement and payment of civil administrative penalties for violations

(a) To assess a civil administrative penalty, the Department shall notify the violator by certified mail (return receipt requested) or personal service. This notice of civil administrative penalty assessment shall:

1. Identify the section of the Safe Dam Act or the rule, regulation and/or administrative order violated;

2. State the facts which constitute the violation;

3. State the amount of the civil administrative penalty to be imposed and the amount of any other costs and economic benefit to be imposed; and

4. Advise the violator of the right to request an adjudicatory hearing under N.J.A.C. 7:20-2.4.

(b) The violator shall pay a civil administrative penalty immediately upon receipt of the Department's final order in a contested case, or as soon as a notice of civil administrative penalty assessment becomes a final order as follows:

1. If no hearing is requested pursuant to N.J.A.C. 7:20-2.4, a notice of civil administrative penalty assessment becomes a final order on the 21st day after the violator receives the notice;

2. If the Department denies a hearing request under N.J.A.C. 7:20-2.4, a notice of civil administrative penalty assessment becomes a final order upon the violator's receipt of the denial; or

3. If the Department grants the hearing request, a notice of civil administrative penalty assessment becomes a final order upon issuance of a final order by the Department.

N.J. Admin. Code § 7:20-2.3