N.J. Admin. Code § 8:50-5.6

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:50-5.6 - Hearings, conferences

(a) A licensee or applicant, as the case may be, shall have the right to an informal conference pursuant to (b) below, a formal hearing pursuant to (c) below, or both, if the Commissioner:

1. Assesses an administrative penalty pursuant to 8:50-5.4;

2. Proposes to suspend or revoke a license or a certification issued pursuant to this chapter; or

3. Denies an application made pursuant to this chapter for a license or a certification.

(b) A violator has the right to an informal conference or review before the Commissioner's designee.

1. The Commissioner's designee shall convene a conference or review if the violator submits a written request for a conference or review within 10 calendar days of the violator's receipt of a notice of civil administrative penalty assessment issued pursuant to N.J.A.C. 8:50-5.4.

2. Upon the conclusion of a conference or review convened pursuant to this subsection, the Commissioner's designee shall state his or her findings and conclusions in writing and transmit a copy thereof to the violator.

3. If the violator does not agree with the findings and conclusions of the Commissioner's designee, the violator may submit a written request for a formal hearing in accordance with (c) below.

(c) A violator has the right to a formal hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, if the violator submits a written request for a hearing within 10 calendar days of the violator's receipt of a notice of civil administrative penalty assessment issued pursuant to 8:50-5.4.

(d) In the alternative, recipients of an administrative penalty assessment may request the initiation of a settlement conference.

(e) If a violator fails to request a hearing within 10 calendar days of the violator's receipt of a notice of civil administrative penalty assessment issued pursuant to 8:50-5.4, his or her right to a hearing pursuant to this section is deemed waived and the Commissioner's proposed action shall become final.

(f) Payment of the civil administrative penalty shall be due when the Commissioner issues, or the notice becomes, a final order.

N.J. Admin. Code § 8:50-5.6