N.J. Admin. Code § 7:9D-4.7

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

Section 7:9D-4.7 - Procedures for civil administrative orders, assessment of civil administrative penalties, and suspension or revocation of license and adjudicatory hearings

(a) Any order, any notice of civil administrative penalty assessment, any notice of suspension of license, or any notice of revocation of license issued pursuant to this subchapter shall:

1. Be served by certified mail, return receipt requested, or personal service at the address on file with the Department upon the person or persons who are the subject of the order or notice;

i. Where certified mail and personal service has been attempted by the Department and has not been successful, service shall be by first class mail to the address on file with the Department;

2. Identify the person or persons subject to the order or notice;

3. Set forth a concise statement of the facts alleged to constitute a violation;

4. Identify the specific provision or provisions of the Act, rule, permit, 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 and/or notice of the right to request an adjudicatory hearing pursuant to the provisions of N.J.A.C. 7:9D-4.8;

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 or revocation of a license, a description of the specific grounds for the suspension or revocation; and

10. In the case of a suspension of license, the length of time for which a 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 or notice of the Department in a contested case proceeding 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 timely requested pursuant to N.J.A.C. 7:9D-4.8, an order, a notice of civil administrative penalty assessment, notice of suspension, or notice of revocation becomes a final order on the 21st day following receipt of the order or notice by the violator;

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

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 If a hearing request is submitted by the violator and subsequently withdrawn, the order, the notice of civil administrative penalty assessment, notice of suspension, or notice of revocation becomes final upon such withdrawal unless the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

4. Any person whose license has been suspended or revoked shall surrender their license to the Department within two business days of receipt of the final notice of suspension or revocation. Suspended or revoked licenses shall be returned in person or via certified mail to the address set forth at N.J.A.C. 7:9D-1.17.

N.J. Admin. Code § 7:9D-4.7

Amended by 50 N.J.R. 171(a), effective 1/2/2018