Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any order, notice of
civil administrative penalty assessment, notice of suspension of certification or
notice of revocation of certification issued pursuant to this chapter 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 claimed by the department to have violated any provision of this
chapter;
3. Describe the activity or
activities which are in violation;
4.
Identify the specific provision or provisions of this chapter 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
7:18-2.17;
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
or revocation of certification, a description of the areas in which the
certification is to be suspended or revoked and the specific grounds for the
suspension or revocation; and
10. In the
case of a suspension of certification, the length of time for which a suspension
will 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 certification shall commence when the notice of suspension or revocation becomes
a final order pursuant to (c)1, 2 or 3 below, or when the laboratory receives a
final order in a contested case proceeding, whichever comes first. Payment of a
civil administrative penalty is due when a notice of civil administrative penalty
assessment becomes a final order pursuant to (c)1, 2 or 3 below, or when the
laboratory receives a final order in a contested case proceeding, whichever comes
first. A notice of suspension or revocation, or a notice of civil administrative
penalty assessment, becomes a final order as follows:
1. If no hearing is requested pursuant to
7:18-2.17, 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 suspension or revocation, or 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.
