N.J. Admin. Code § 7:3A-9.7

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

Section 7:3A-9.7 - Enforcement procedures

(a) For any notice of revocation, suspension, denial, or non-renewal of a license or a business registration, the Board will:

1. Serve the notice by certified mail, return receipt requested, or by personal service upon the individual or business that is subject to the order or notice;

2. Identify the individual or business subject to the notice;

3. Set forth a concise statement of the facts that are the grounds for the denial, suspension, revocation, or non-renewal;

4. Identify each of the specific provisions of this chapter under which the denial, suspension, revocation, or non-renewal is authorized; and

5. Notify the person or persons named in the notice of the right to request a contested case hearing pursuant to the provisions of N.J.A.C. 7:3A-10.1(a).

(b) For any notice of violation and/or assessment of civil administrative penalty, the Board will:

1. Serve the notice by certified mail, return receipt requested, or by personal service upon the individual or business which is subject to the order or notice;

2. Identify the individual or business that is subject to the notice;

3. Set forth a concise statement of the facts constituting the violation;

4. Identify each of the specific provisions of this chapter alleged to have been violated;

5. In a case where the civil administrative penalty assessment is reduced from the amount in the penalty matrix, and the reduction is based in whole or part on a commitment by the violator to implement one or more remedial actions, describe each remedial action that shall be implemented, or caused to be implemented, by the violator, and the time period within which such implementation shall commence and be completed; and

6. In the case of a civil administrative penalty assessment, specify the amount of the civil administrative penalty to be imposed in accordance with the Civil Administrative Base Penalty Matrices at N.J.A.C. 7:3A-9.6(a), as well as any factor or combination of the factors set forth at N.J.A.C. 7:3A-8.3(c)1 through 7 the Board took into consideration in determining the amount.

(c) 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.

N.J. Admin. Code § 7:3A-9.7

Adopted by 49 N.J.R. 743(a), effective 4/17/2017