Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any order, notice of
civil administrative penalty assessment, notice of suspension of license, notice of
revocation of license, or notice of intent to deny an application to renew a license
issued pursuant to this subchapter shall:
1. Be
served either personally or by certified mail, return receipt requested upon the
person or persons who are the subject of the order or notice;
2. Identify the person or persons alleged by the
Department to have committed the violation described in the order or
notice;
3. Describe the activity or
activities which constitute the violation;
4. Identify the specific provision or provisions
of the Act, rule, license or order which have been violated;
5. Describe the remedial or other action which
must be implemented or caused to be implemented by the violator and the time periods
within which such implementation shall commence and be completed;
6. Identify the office within the Department to
which any required reply or other correspondence must be directed;
7. Advise the person or persons named in the order
of the right to request an adjudicatory hearing pursuant to the provisions of
7:10A-2.8;
8. In the case of a civil administrative penalty
assessment, specify the amount of the civil administrative penalty to be
imposed;
9. In the case of a suspension
of a license, revocation of a license, or denial of an application to renew a
license, include a description of the specific grounds for the suspension,
revocation, or the denial of an application to renew; and
10. In the case of a suspension of license, the
length of time for which the suspension shall remain in effect.
(b) If a civil administrative penalty is assessed
against more than one person for the same violation or violations, each shall be
jointly and severally liable for the penalty assessed.
(c) Suspension or revocation of license shall
commence and payment of a civil administrative penalty is due upon receipt by the
violator of a final order of the Department or when the notice of suspension or
revocation of license or notice of civil administrative penalty assessment becomes a
final order as follows:
1. If no hearing is
requested pursuant to
7:10A-2.8, a notice of civil
administrative penalty assessment becomes a final order on the 21st day following
receipt of the notice of civil administrative penalty assessment by the
violator;
2. If the Department denies a
hearing request, a notice of civil administrative penalty assessment becomes a final
order upon receipt by the violator of the notice of denial;
3. If a hearing request is submitted by the
violator and subsequently withdrawn, the notice of civil administrative penalty
assessment becomes a final order upon such withdrawal unless the violator and the
Department have executed an administrative consent order or comparable instrument
providing otherwise.
