New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 9D - WELL CONSTRUCTION AND MAINTENANCE; SEALING OF ABANDONED WELLS
Subchapter 4 - CIVIL ADMINISTRATIVE ORDERS AND PENALTIES; DENIAL, SUSPENSION, AND REVOCATION OF LICENSES; DENIAL AND REVOCATION OF PERMITS; AND REQUESTS FOR ADJUDICATORY HEARINGS
Section 7:9D-4.7 - Procedures for civil administrative orders, assessment of civil administrative penalties, and suspension or revocation of license and adjudicatory hearings
Universal Citation: NJ Admin Code 7:9D-4.7
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any order, any notice of civil administrative penalty assessment, any notice of suspension of license, or any notice of revocation of license issued pursuant to this subchapter shall:
1. Be served by certified mail, return
receipt requested, or personal service at the address on file with the
Department upon the person or persons who are the subject of the order or
notice;
i. Where certified mail and personal
service has been attempted by the Department and has not been successful,
service shall be by first class mail to the address on file with the
Department;
2. Identify
the person or persons subject to the order or notice;
3. Set forth a concise statement of the facts
alleged to constitute a violation;
4. Identify the specific provision or
provisions of the Act, rule, permit, 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 and/or notice of the right to
request an adjudicatory hearing pursuant to the provisions of
N.J.A.C. 7:9D-4.8
;
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 or revocation
of a license, a description of the specific grounds for the suspension or
revocation; and
10. In the case of
a suspension of license, the length of time for which a 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 or notice of the Department in a contested case proceeding 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 timely requested pursuant
to N.J.A.C. 7:9D-4.8
, an
order, a notice of civil administrative penalty assessment, notice of
suspension, or notice of revocation becomes a final order on the 21st day
following receipt of the order or notice by the violator;
2. If the Department denies a hearing
request, an order, a notice of civil administrative penalty assessment, notice
of suspension, or notice of revocation becomes final upon receipt by the
violator of the notice of denial;
3. If a hearing request is submitted by the
violator and subsequently withdrawn, the order, the notice of civil
administrative penalty assessment, notice of suspension, or notice of
revocation becomes final upon such withdrawal unless the violator and the
Department have executed an administrative consent order or comparable
instrument providing otherwise;
4.
Any person whose license has been suspended or revoked shall surrender their
license to the Department within two business days of receipt of the final
notice of suspension or revocation. Suspended or revoked licenses shall be
returned in person or via certified mail to the address set forth at N.J.A.C.
7:9D-1.17.
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