New Jersey Administrative Code
Title 18 - TREASURY - TAXATION
Chapter 19 - MOTOR FUELS - RETAIL SALES
Subchapter 3 - PREPARATION OF FINES
Section 18:19-3.2 - Procedure for collection of penalties

i. The penalties provided for in this subchapter will be sued for in the name of the Director;

ii. The Superior Court and every municipal court is authorized, upon the filing of a complaint in writing, duly verified by the Director, or by any assistant or employee of the Director, which may be made upon information or belief, that any retail dealer has violated any of the requirements of 18:19-2 to issue process at the suit of the Director as plaintiff;

iii. Such process will be either in the nature of a summons or warrant, which may be issued without any order of the court or judge first obtained against the person or persons so charged;

iv. When such process is in the nature of a warrant it will be returnable forthwith, and when in the nature of a summons, it will be returnable in not less than five nor more than 10 days;

v. Such process must specify the section of the Act which is alleged to have been violated by the defendant or defendants, and upon the return of such process or at any time to which the trial is adjourned, the court will proceed and summarily hear the testimony and without the filing of any pleadings, determine the matter and give judgment, without a jury, either for the plaintiff for the recovery of such penalty with costs or for the defendant;

vi. If a judgment is rendered for the plaintiff, the court will cause any defendant, who may refuse or fail to pay forthwith the amount of the judgment rendered against him or her and all costs and charges incident thereto, to be committed to the county jail for any period not exceeding the period mentioned in 18:19-3.1.

i. The officers to serve and execute all process under the Act will be officers authorized to serve all process out of such court;

ii. The court has the power to adjourn the hearing or trial in any case from time to time, but in such case, except in case where the first process was a summons, it is the duty of the judge of such court, to detail the defendant in safe custody, unless the defendant enters into a bond to the Director with at least one sufficient surety, in a sum fixed by the court, which will not be less than $ 50.00 nor more than $ 200.00, conditioned on:

i. The clerk of court may sign and seal any process required to issue under the Act, except a warrant of commitment;

ii. The costs recoverable in any such proceeding will be the same as the costs taxed in actions in said court and will be recoverable by the Director in the event of the conviction of the defendant;

iii. Any judgment recovered for a penalty under the provisions of the Act in any municipal court may be docketed with the Superior Court as other judgments of said court are docketed; see 56:6-4 .1.c.

iv. An execution may be issued for the collection of any judgment obtained under the Act against the goods and chattels and body of the defendant without any order first obtained for such purpose.

1. The Director may file a bill in the Superior Court for an injunction to prohibit any habitual violation of the Act, or any of the orders or rules made by the Director, and every such action will proceed in the Superior Court according to the rules and practice of that court;

2. In cases of emergency such actions have precedence over other litigation pending at the time in such Court, and a final hearing may be had within such time and on such notice as the court may direct.