N.J. Admin. Code § 7:26H-5.16

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

Section 7:26H-5.16 - Procedures for assessment and payment of penalties

(a) In order to assess a penalty under the Acts, for violation of the Acts, or any rule promulgated, any administrative order, permit, license or other operating authority issued thereunder, the Department shall, by means of notice of penalty assessment, notify the violator by certified mail (return receipt requested) or by personal service. The Department may, in its discretion, assess a penalty for more than one violation in a single notice of penalty assessment or in multiple notices of penalty assessment. This notice of penalty assessment shall:

1. Identify the section of the Acts, rule, administrative order, permit, license violated;

2. Concisely state the facts which constitute the violation;

3. Specify the amount of the penalty to be imposed; and

4. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedures in 7:26H-5.17.

(b) Payment of the penalty is due upon receipt by the violator of the Department's final order of a contested case or when a notice of penalty assessment becomes a final order, as follows:

1. If no hearing is requested pursuant to 7:26H-5.17, the notice of penalty assessment becomes a final order on the 21st day following receipt by the violator of the notice of penalty assessment;

2. If a hearing is requested pursuant to 7:26H-5.17 and the Department denies the hearing request, a notice of penalty assessment becomes a final order upon receipt by the violator of notice of such denial; or

3. If a hearing is requested pursuant to 7:26H-5.17 and an adjudicatory hearing has been conducted, a notice of penalty assessment becomes a final order upon receipt by the violator of a final order of a contested case.

N.J. Admin. Code § 7:26H-5.16

New Rule, R.2002 d.356, effective 11/4/2002.
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
Former N.J.A.C. 7:26H-5.16, Administrative hearings; requests, recodified to N.J.A.C. 7:26H-5.17.
Amended by R.2008 d.117, effective 5/5/2008.
See: 39 N.J.R. 4477(a), 40 N.J.R. 2243(a).
In the introductory paragraph of (a), substituted "Acts" for "Act" twice and inserted "thereunder"; and in (a)1, substituted "Acts" for "Act".