New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Subchapter 19 - DISCIPLINARY PROCEEDINGS
Section 13:2-19.2 - Contents of Notice of Charges
Universal Citation: NJ Admin Code 13:2-19.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Notice of Charges shall include the following:
1. A list of
each of the charges against the licensee;
2. A statement that each charge shall constitute
an individual and separate violation and the penalty for each charge, as set forth
in the Penalty Schedule in
13:2-19.11(i), shall
be listed separately;
i. If the penalty sought is
revocation, the licensee shall be notified of the personal disqualification penalty,
as set forth in
13:2-19.10, and whether the Division
seeks to have the premises barred from licensure for two years, pursuant to
33:1-31;
ii. If the premises is not owned by the licensee
and the Division seeks to bar licensure of the premises for two years, pursuant to
33:1-31, the owner of the premises
shall also be notified in the manner set forth in
13:2-19.1(b);
3. Notice that the licensee has 30 days
from the date of service of the Notice of Charges to enter a plea of guilty, not
guilty or non vult to the charges;
i. Notice that,
if the licensee fails to enter a timely plea, it shall be deemed to have pled non
vult to the charges. Thereafter, the Director may impose upon the licensee the
penalty or penalties stated in the Notice of Charges, without further
notice;
ii. Notice that, if the licensee
pleads guilty or non vult to the charges, it shall have the opportunity to present
mitigating circumstances to the Director;
iii. Notice that the licensee may petition the
Director to accept a monetary offer in compromise in lieu of all or part of the
penalty or penalties stated in the Notice of Charges, as provided in
33:1-31; and
4. Advice of the licensee's right to
representation.
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