N.J. Admin. Code § 8:57A-1.14

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

Section 8:57A-1.14 - Failure to pay a penalty; remedies

(a) Upon receipt of a Notice of Violation and Penalty Assessment (Notice), a health care facility, physician, dentist or other health care provider has 30 days in which to notify the Department or its designee in writing of its, his or her answer to the Notice and request for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq.

(b) The penalty becomes due and owing upon the 31st day from receipt of the Notice if the Department or its designee has not received a written answer and request for a hearing.

1. If the recipient of the Notice has requested a hearing, the penalty is due 45 days after the issuance of a Final Agency Decision by the Commissioner, if the Department or its designee has not withdrawn, rescinded or reversed its assessment, and an appeal has not been timely filed with the Appellate Division pursuant to Rule 2:2-3 of the New Jersey Court Rules.

(c) Failure to pay a penalty within 30 days of the date it is due and owing pursuant to (b) above may result in the institution of a summary civil proceeding by the Department or its designee pursuant to the Penalty Enforcement Law, 2A:58-10 et seq.

N.J. Admin. Code § 8:57A-1.14

New Rule, R.1998 d.393, effective 8/3/1998.
See: 29 N.J.R. 2759(a), 30 N.J.R. 2903(b).
Recodified from N.J.A.C. 8:57A-1.12 and amended by R.2011 d.109, effective 4/4/2011.
See: 42 N.J.R. 2529(a), 43 N.J.R. 850(a).
Rewrote (a) and (b); and in (c), substituted "Department or its designee" for "State" and updated the N.J.S.A. reference. Former N.J.A.C. 8:57A-1.14, Settlement of enforcement actions, recodified to N.J.A.C. 8:57A-1.16.