N.J. Admin. Code § 14:2-6.5

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

Section 14:2-6.5 - Response by alleged violator to Notice of Probable Violation

(a) The alleged violator shall respond to the Notice of Probable Violation (NOPV) by submitting the completed Answering Certification to the Board's Division of Reliability and Security within 21 calendar days after receiving the Notice of Probable Violation and form of Answering Certification. The alleged violator shall submit the Answering Certification regardless of whether the alleged violator wishes to contest the NOPV.

(b) If the alleged violator wishes to contest the NOPV, the alleged violator shall indicate this on the Answering Certification and provide proofs by both picture and narrative of the alleged violator's innocence as to the violation charged. Board staff may hold an informal conference with the alleged violator to analyze the record of the matter.

(c) Following the alleged violator's submittal of the Answering Certification, the Notice of Probable Violation may be resolved informally; and/or the staff and the alleged violator may enter into a written settlement agreement, which shall be presented to the Board for approval.

(d) Nothing in this section or in N.J.A.C. 14:2-6.4 shall prevent the Board from issuing an Administrative Order and Notice of Civil Administrative Penalty Assessment pursuant to this subchapter at any time upon discovery of a probable violation, nor shall this section be deemed to affect the availability of any other enforcement provision provided for by law, in connection with the probable violation.

(e) If the NOPV is not resolved informally under this section, Board staff may present the matter to the Board for further action as determined by the Board, which may include, but shall not be limited to, the issuance of an AONOCAPA.

N.J. Admin. Code § 14:2-6.5

New Rule, R.2000 d.1, effective 1/3/2000.
See: 30 N.J.R. 4130(a), 32 N.J.R. 63(a).
Amended by R.2002 d.107, effective 4/1/2002.
See: 33 N.J.R. 2606(a), 34 N.J.R. 1458(a).
In (b), rewrote 4 and added 5; in (c), inserted "for" preceding "which there" and substituted "a 'reportable accident' " for "reportable accidents" in the first sentence and added the third sentence.
Repealed by R.2007 d.298, effective 10/15/2007.
See: 39 N.J.R. 1232(a), 39 N.J.R. 4422(b).
Section was "Reportable accidents".
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 "(Reserved)".

Adopted by 54 N.J.R. 1417(a), effective 7/18/2022