N.J. Admin. Code § 2:55-5.1

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

Section 2:55-5.1 - Penalties

(a) Any vendor who fails to acquire enough fresh milk to satisfy the requirements of N.J.S.A. 18A:18A-6 and this chapter shall be subject to a penalty of no less than $ 100.00 or more than $ 500.00 per day for each day of noncompliance.

(b) No penalties will be assessed if the Secretary determines, in accordance with N.J.A.C. 2:55-4.2, that the vendor has satisfied the burden of proof as to the unavailability of fresh milk as set forth in N.J.A.C. 2:55-4.1.

(c) The Secretary shall make the initial determination as to whether a violation of N.J.S.A. 18A:18A-6 and this chapter has occurred and what penalty should be assessed pursuant to (a) above.

(d) Any vendor who is aggrieved by the determination of the Secretary pursuant to this section shall, upon written request transmitted to the Department within 20 days of the penalty assessment, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(e) Pursuant to N.J.S.A. 18A:18A-6, actions to enforce the provisions of this section may be brought by and in the name of the Secretary against any person that fails to comply with the requirements of N.J.S.A. 18A:18A-6 or this chapter. Any penalties assessed pursuant to (a) above shall be recovered by and in the name of the Secretary and shall be paid to the school district named in the proceeding.

N.J. Admin. Code § 2:55-5.1

Repeal and New Rule, R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).
Section was "Scope".