New Jersey Statutes 45:5AA-10. Investigation, authority of board
Terms Used In New Jersey Statutes 45:5AA-10
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
(1) issue a letter of warning, reprimand, or censure with regard to any act, conduct, or practice which in the judgment of the board upon consideration of all relevant facts and circumstances does not warrant an initiation of formal action; or
(2) order any person violating any provision of P.L.1991, c.27 (C. 45:5AA-1 et seq.) or rules and regulations promulgated pursuant thereto to cease or desist from future violations or to take such affirmative corrective action as may be necessary with regard to any act or practice found unlawful by the board; or
(3) order any person found to have violated any provision of P.L.1991, c.27 (C. 45:5AA-1 et seq.) or rules and regulations promulgated pursuant thereto to restore any person for whom landscape irrigation contracting work was done to his position prior to performance of the work; or
(4) assess a civil administrative penalty in accordance with section 9 of P.L.1991, c.27 (C. 45:5AA-9);
(5) Bring a civil action for injunctive or any other appropriate relief to prohibit and prevent such violation or violations in accordance with section 9 of P.L.1991, c.27 (C. 45:5AA-9);
(6) Bring a civil action for a civil penalty in accordance with section 9 of P.L.1991, c.27 (C. 45:5AA-9); or
(7) revoke or suspend a certificate or business permit pursuant to section 8 of P.L.1991, c.27 (C. 45:5AA-8).
The use of any of the remedies specified under this section shall not preclude use of any other remedy specified.
b. Any person to which an order or assessment of civil administrative penalty or a notice of revocation of a certificate or business permit is issued has 20 days from the receipt of the order to deliver to the board a written request for a hearing. Upon receipt of that request, the board shall determine whether to conduct the hearing itself or refer the matter to the Office of Administrative Law, which shall assign an Administrative Law Judge to conduct a hearing in the form of a contested case pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.). If the matter is referred to the Office of Administrative Law, the board shall affirm, reject, or modify the decision within 45 days of receipt of the Administrative Law Judge’s initial decision by issuing its own final decision. The board’s action shall be considered the final agency action for the purposes of the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.), and shall be subject only to judicial review as provided in the Rules of Court.
c. If no hearing is requested, an order becomes a final order upon the expiration of the 20-day period. This final order shall be considered the final agency action for the purposes of the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.), and shall be subject only to judicial review as provided in the Rules of Court. Payment of an administrative penalty is due when a final order is issued or when the order becomes a final order. Pending the determination by the board and upon application by a person to whom an order or notice of revocation is issued, the board may stay operation of an order upon such terms and conditions as it deems proper.
L.1991, c.27, s.10; amended 2009, c.229, s.9.