New Jersey Administrative Code
Title 8 - HEALTH
Chapter 13 - SHELLFISH
Subchapter 2 - DEPURATION OF HARD SHELL AND SOFT SHELL CLAMS
Section 8:13-2.7 - Certification restrictions, suspensions, and revocations

(a) Depuration Plant (DP) certification is limited to the depuration and sale of depurated clams.

(b) The certificate issued by the Department pursuant to these rules may be suspended or revoked for any violation of Title 24 of the Revised Statutes or of any rule or regulation of the Department or when bacteriological data shows that the depuration process is not reducing fecal coliform levels to the standards set forth in these rules. Any violation of a special permit to possess shellfish harvested from special restricted waters issued by the Department of Environmental Protection is grounds for suspension or revocation of the certificate issued by the Department.

(c) The Department, when in its judgement has determined that any of the critical activities of the depuration rules are violated, may, before a hearing, suspend the certification pending the hearing. When the certification has been suspended, the person shall have the right to an expedited hearing. In all other cases, the person shall be afforded the opportunity for a hearing in accordance with the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Rules of Practice, N.J.A.C. 1:1, prior to the suspension or revocation of the license. When the special permit issued by the Department of Environmental Protection under N.J.A.C. 7:12-9 is suspended or revoked, the shellfish certificate issued by the Department is no longer valid.