N.J. Admin. Code § 13:2-19.2

Current through Register Vol. 56, No. 17, September 3, 2024

Section 13:2-19.2 - Contents of Notice of Charges

(a) The Notice of Charges shall include the following:

1. A list of each of the charges against the licensee;

2. A statement that each charge shall constitute an individual and separate violation and the penalty for each charge, as set forth in the Penalty Schedule in 13:2-19.11(i), shall be listed separately;

i. If the penalty sought is revocation, the licensee shall be notified of the personal disqualification penalty, as set forth in 13:2-19.10, and whether the Division seeks to have the premises barred from licensure for two years, pursuant to 33:1-31;

ii. If the premises is not owned by the licensee and the Division seeks to bar licensure of the premises for two years, pursuant to 33:1-31, the owner of the premises shall also be notified in the manner set forth in 13:2-19.1(b);

3. Notice that the licensee has 30 days from the date of service of the Notice of Charges to enter a plea of guilty, not guilty or non vult to the charges;

i. Notice that, if the licensee fails to enter a timely plea, it shall be deemed to have pled non vult to the charges. Thereafter, the Director may impose upon the licensee the penalty or penalties stated in the Notice of Charges, without further notice;

ii. Notice that, if the licensee pleads guilty or non vult to the charges, it shall have the opportunity to present mitigating circumstances to the Director;

iii. Notice that the licensee may petition the Director to accept a monetary offer in compromise in lieu of all or part of the penalty or penalties stated in the Notice of Charges, as provided in 33:1-31; and

4. Advice of the licensee's right to representation.

N.J. Admin. Code § 13:2-19.2

New Rule, R.2001 d.447, effective 12/3/2001.
See: 33 N.J.R. 2795(a), 33 N.J.R. 4135(c).
Former N.J.A.C. 13:2-19.2, Suspension, cancellation or revocation, recodified to N.J.A.C. 13:2-19.6.