N.J. Admin. Code § 14:2-6.7

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

Section 14:2-6.7 - Notice of Administrative Order and Civil Administrative Penalty Assessment (AONOCAPA)

(a) In addition to the Notice of Probable Violation, which can be issued by Board staff under N.J.A.C. 14:2-6.4, the Board may at any time issue an Administrative Order and Notice of Civil Administrative Penalty Assessment.

(b) The Board shall serve an AONOCAPA in accordance with the Administrative Procedure Rules at N.J.A.C. 1:1-7.2.

(c) The Board may, in its discretion, assess a civil penalty for more than one offense in a single Administrative Order and Notice of Civil Administrative Penalty Assessment or in multiple Administrative Orders and Notices of Civil Administrative Penalty Assessment.

(d) An Administrative Order and Notice of Civil Administrative Penalty Assessment shall:

1. Identify the provision of the law, rule, regulation or order alleged to have been violated;

2. Concisely state the facts, which constitute the alleged violation;

3. Order such alleged violation to cease;

4. Specify the amount of the civil administrative penalty to be imposed; and

5. Notify the alleged violator of the right to request an adjudicatory hearing pursuant to the procedures in N.J.A.C. 14:2-6.8. If no hearing is requested, the penalty set forth in the AONOCAPA will be due and owing on the 21st day following service on the alleged violator, without further notice.

(e) If no hearing is requested on an AONOCAPA pursuant to N.J.A.C. 14:2-6.8, an Administrative Order and Notice of Civil Administrative Penalty Assessment (AONOCAPA) shall become a Final Order, and the penalty in the AONOCAPA shall become due and owing, on the 21st day following service of the Administrative Order and Notice of Civil Administrative Penalty Assessment on the violator.

(f) If a hearing is requested but the Board denies the hearing request pursuant to N.J.A.C. 14:2-6.8, an Administrative Order and Notice of Civil Administrative Penalty Assessment shall become a Final Order, and the penalty in the AONOCAPA shall become due and owing, upon service on the violator of notice of the hearing request denial.

(g) If an adjudicatory hearing is requested and conducted, an Administrative Order and Notice of Civil Administrative Penalty Assessment shall become a Final Order upon service on the violator of a Final Order in the contested case.

N.J. Admin. Code § 14:2-6.7

New Rule, R.2009 d.250, effective 8/17/2009.
See: 40 N.J.R. 6928(a), 41 N.J.R. 3096(a).