N.J. Admin. Code § 7:18-10.6

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

Section 7:18-10.6 - Procedures for civil administrative orders, assessment of civil administrative penalties and suspension or revocation of certification

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

1. Be served either personally or by certified mail, return receipt requested upon the person or persons who are the subject of the order or notice;

2. Identify the person or persons claimed by the department to have violated any provision of this chapter;

3. Describe the activity or activities which are in violation;

4. Identify the specific provision or provisions of this chapter 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 of the right to request an adjudicatory hearing pursuant to the provisions of 7:18-2.17;

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 certification, a description of the areas in which the certification is to be suspended or revoked and the specific grounds for the suspension or revocation; and

10. In the case of a suspension of certification, the length of time for which a suspension will 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 certification shall commence when the notice of suspension or revocation becomes a final order pursuant to (c)1, 2 or 3 below, or when the laboratory receives a final order in a contested case proceeding, whichever comes first. Payment of a civil administrative penalty is due when a notice of civil administrative penalty assessment becomes a final order pursuant to (c)1, 2 or 3 below, or when the laboratory receives a final order in a contested case proceeding, whichever comes first. A notice of suspension or revocation, or a notice of civil administrative penalty assessment, becomes a final order as follows:

1. If no hearing is requested pursuant to 7:18-2.17, a notice of civil administrative penalty assessment becomes a final order on the 21st day following receipt of the notice of civil administrative penalty assessment by the violator;

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

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 If a hearing request is submitted by the violator and subsequently withdrawn, the notice of suspension or revocation, or the notice of civil administrative penalty assessment, becomes a final order upon such withdrawal unless the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

N.J. Admin. Code § 7:18-10.6