New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES
Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT
Section 10:161B-2.18 - Failure to pay a penalty; remedies

Universal Citation: NJ Admin Code 10:161B-2.18

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Within 30 days after the mailing date of a Notice of Proposed Assessment of a Penalty, a facility that intends to challenge the enforcement action shall notify DCN&L of its intent to request a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

(b) The penalty becomes due and owing upon the 30th day from mailing of the Notice of Proposed Assessment of Penalties, if a notice requesting a hearing has not been received by DCN&L. If a hearing has been requested, the penalty is due 45 days after the issuance of a Final Agency Decision by the Commissioner, or designee, if DCN&L's assessment has not been withdrawn, rescinded, or reversed, and an appeal has not been timely filed with the New Jersey Superior Court, Appellate Division, pursuant to New Jersey Court Rule 2:2-3.

(c) Failure to pay a penalty within the time frames set forth in (a) or (b) above as applicable may result in one or both of the following actions:

1. Institution of a summary civil proceeding by the State pursuant to the Penalty Enforcement Law (2A:58-10 et seq.); and/or

2. Placing the facility on a provisional license status.

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