Current through Register Vol. 56, No. 6, March 18, 2024
(a) Whenever the Department finds that a youth camp is in violation of any provision of the Act or this chapter, the Commissioner may revoke the certificate of approval and may assess a civil administrative penalty not to exceed $ 1,000 per day, upon notice and a hearing.
1. If the violation is of a continuing nature, each day shall constitute an additional and separate offense.
(b) The Department may temporarily suspend a youth camp's certificate of approval pending compliance with any requirement of the Act or this chapter with which the camp is noncompliant.
1. If the Department temporarily suspends a youth camp's certificate of approval, the Department shall inform the holder of the certificate of approval for the youth camp, in writing, the citation in the Act or this chapter of the violation and the date upon which compliance must occur.
i. The Department may extend the date of compliance based on the violation and circumstances of the camp.
2. If the youth camp operator continues to be non-compliant past the compliance date set forth in (b)1 above, then the Department may pursue revocation.
(c) The Department's notice of revocation of the certificate of approval and/or levy of a penalty shall:
1. Be in writing;
2. Be delivered by personal service or certified mail to the violator's last known address;
3. Specify the provisions of the Act or this chapter that have been violated;
4. Contain a concise statement of the facts alleged to constitute the violation;
5. Specify the amount of civil administrative penalties to be imposed; and
6. Provide notice of the violator's right to a hearing or an informal conference or review pursuant to 8:25-15.4 including:
i. The time period in which the violator may submit a written request for a hearing; and
ii. The address to which such request may be submitted.
(d) In assessing a civil administrative penalty pursuant to the Act or this chapter, the Commissioner shall consider the following factors, where applicable, in determining what constitutes an appropriate penalty for the particular violation:
1. Degree of hazard posed to human safety and welfare;
2. Degree of harm posed to the proper administration of the youth camp certification program;
3. Past history of compliance on the part of the violator;
4. Economic benefit that the violator accrues as a result of the violation; and
5. Performance of the violator in correcting the violation.
(e) No existing civil or criminal remedy for any wrongful action, which is a violation of any code, rule, or regulation, shall be excluded or impaired by this chapter.
