N.J. Admin. Code § 11:16-7.4

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

Section 11:16-7.4 - Notice of the intent to impose civil and administrative penalties

(a) Before a civil and administrative penalty is imposed, the BFD shall serve the respondent with a notice, in the nature of an administrative complaint, in the manner provided in 11:16-7.5. The notice shall include:

1. A reference to the statute, rule, order and/or prohibited conduct under the Insurance Fraud Prevention Act (17:33A-1 et seq.) the respondent violated;

2. A concise statement of the facts providing the basis for the determination of a violation of 17:33A-1 et seq.;

3. A statement of the civil and administrative penalty or penalties to be imposed; and

4. A statement advising the respondent of the right to a hearing and the procedure for requesting a hearing.

(b) The administrative complaint may describe more than one violation and more than one specific penalty for each violation. A single form of notice may be used to notify several respondents, provided each person is named and properly served with a copy of the notice in accordance with 11:16-7.5.

(c) Prior to issuing an administrative complaint, the BFD may attempt a mutual resolution of the matter by offering the alleged violator the opportunity to resolve the matter by an administrative consent order. Under these circumstances, an offer of settlement by administrative consent order shall not be deemed to constitute notice of initiation of an action and shall not be available to be presented in evidence in a formal administrative action.

N.J. Admin. Code § 11:16-7.4