N.J. Admin. Code § 14:2-6.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 14:2-6.4 - Notices of probable violation

(a) Upon discovery of a probable violation, Board staff may issue a written Notice of Probable Violation (NOPV) to the alleged violator. The NOPV shall be served in accordance with the New Jersey Office of Administrative Law's procedural rules at N.J.A.C. 1:1-7.

(b) The Notice of Probable Violation shall:

1. State the facts, which constitute the probable violation;

2. Identify the provision of law, rule, regulation or order violated;

3. Identify the maximum permissible penalty for the violation;

4. Include a form of Answering Certification, to be completed and submitted by the alleged violator;

5. Notify the alleged violator of both of the following:

i. Failure of the alleged violator to submit the Answering Certification within the deadline in N.J.A.C. 14:2-6.5(a) may result in Board findings as to the violation(s) in the NOPV through issuance of a Final Order of Penalty Assessment (FOPA), which may include the maximum penalty permissible by law, without further prior notice to the alleged violator; and

ii. The alleged violator may contest the NOPV in accordance with N.J.A.C. 14:2-6.5(b). If an alleged violator contests the NOPV, the Board may issue an Administrative Order and Notice of Civil Administrative Penalty Assessment in accordance with N.J.A.C. 14:2-6.7, in which case the alleged violator may request a hearing in accordance with N.J.A.C. 14:2-6.8.

(c) The Notice of Probable Violation may include an offer of settlement or compromise.

(d) The Board or its staff may withdraw a Notice of Probable Violation at any time.

N.J. Admin. Code § 14:2-6.4

Amended by R.2002 d.107, effective 4/1/2002.
See: 33 N.J.R. 2606(a), 34 N.J.R. 1458(a).
Rewrote (b).
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 "Operator waivers".
Repeal and New Rule, R.2009 d.250, effective 8/17/2009.
See: 40 N.J.R. 6928(a), 41 N.J.R. 3096(a).
Section was "Civil penalties to the State".