N.J. Admin. Code § 14:2-6.1

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

Section 14:2-6.1 - Violations in general

(a) This subchapter shall govern the Board's assessment of civil penalties for violations of this chapter and the Underground Facility Protection Act, 48:2-73 et seq., in accordance with 48:2-86 through 89.

(b) The Board may impose a civil penalty by means of a Notice of Probable Violation (NOPV) followed by a Final Order of Penalty Assessment (FOPA); through an Administrative Order and Notice of Civil Administrative Penalty Assessment (AONOCAPA); through a Superior Court Action; or as otherwise permissible by law.

(c) This subchapter shall also govern the procedures for issuing NOPVs and AONOCAPAs, requesting an informal conference and requesting an adjudicatory hearing on an AONOCAPA.

(d) If statutory amendments are enacted after October 15, 2007, which authorize additional or increased penalties or remedies for violation of this chapter, the Board shall have the authority to apply such penalties or remedies upon the effective date of the statutory amendment.

(e) Any civil penalty imposed pursuant to this section may be compromised by the Board. In determining the amount agreed upon in compromise, the Board shall consider the factors set forth at 14:2-6.2(c).

(f) Once a penalty becomes due and owing in accordance with this subchapter, the penalty may be deducted from any sums owing by the State to the person charged, or may be recovered, if necessary, in accordance with "the Penalty Enforcement Law of 1999" (2A:58-10 et seq.).

(g) Pursuit of any remedy specified in this subchapter shall not preclude the pursuit of any other remedy, including any civil remedy for damage to an operator's underground facilities or for damage to a person's property, provided by any other law. Administrative and judicial remedies provided in this section may be pursued simultaneously.

N.J. Admin. Code § 14:2-6.1

Amended by R.2002 d.107, effective 4/1/2002.
See: 33 N.J.R. 2606(a), 34 N.J.R. 1458(a).
In (a), added 3.
Repeal and New Rule, R.2007 d.298, effective 10/15/2007.
See: 39 N.J.R. 1232(a), 39 N.J.R. 4422(b).
Section was "General Requirements".
Recodified in part from N.J.A.C. 14:2-6.2 and amended by R.2009 d.250, effective 8/17/2009.
See: 40 N.J.R. 6928(a), 41 N.J.R. 3096(a).
Rewrote (a) and (b); added new (c); recodified former (c) as (d); recodified former N.J.A.C. 14:2-6.2(f) through (h) as (e) through (g); and rewrote (e) and (f).