New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 69B - HEARINGS
Subchapter 2 - CONDUCT OF CONTESTED CASES
Section 13:69B-2.9 - Notice of Violation

Universal Citation: NJ Admin Code 13:69B-2.9

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

(a) The Division may notify a licensee, registrant, or applicant of a regulatory violation by serving a Notice of Violation, which writing shall state, in ordinary and concise language, the nature of the violation and the acts or omissions supporting such violation.

(b) The Notice of Violation may include a proposed civil monetary penalty authorized pursuant to 5:12-129(5), in an amount not to exceed $ 2,000, and/or any other penalty or requirement allowed by 5:12-129.

(c) Upon receipt of a Notice of Violation that includes a proposed penalty, a licensee, registrant, or applicant shall within 30 days respond to the Division in writing and either:

1. Acknowledge the violation and agree to the proposed penalty; or

2. Deny the allegation and request that the matter proceed as a contested case.

(d) The failure of a licensee, registrant, or applicant to notify the Division as required in (c) above, shall cause the matter to proceed as a contested case under 13:69B-2.4.

(e) If the licensee, registrant, or applicant acknowledges the violation and agrees to the proposed penalty, the parties shall, within 30 days of the date of acknowledgement referenced in (c)1 above, enter into an agreement, which shall include remedial action to be undertaken by the licensee, registrant, or applicant. Failure to enter into an agreement within the required time shall cause the matter to proceed as a contested case under 13:69B-2.4.

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