Bill Text: NJ A2501 | 2012-2013 | Regular Session | Introduced
Bill Title: Clarifies that certain local administrative agency decisions involving monetary penalties or awards shall be docketed judgments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-21 - Introduced, Referred to Assembly Judiciary Committee [A2501 Detail]
Download: New_Jersey-2012-A2501-Introduced.html
Sponsored by:
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
SYNOPSIS
Clarifies that certain local administrative agency decisions involving monetary penalties or awards shall be docketed judgments.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning local government penalty enforcement and amending P.L. 1999, c. 274.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L. 1999, c.274 (C.2A:58-10) is amended to read as follows:
1. a. If an administrative agency of the State has assessed a fixed amount of money as a civil penalty or award after the person against whom the penalty or award was ordered was afforded an opportunity for a hearing pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) or, if an administrative agency of a local government unit of the State has assessed a fixed amount of money as a civil penalty or award after the person against whom the penalty or award was ordered was afforded an opportunity for a hearing in substantial compliance with the provisions of section 9 of P.L.1968, c. 410 (C. 52:14B-9) before a board of appeals having jurisdiction under the statute imposing the penalty, at the request of the agency the Clerk of the Superior Court or the Clerk of the Superior Court, Law Division, Special Civil Part shall record the final order assessing the penalty or award on the judgment docket of the court.
b. The final order of the agency recorded on the judgment docket of the court thereafter shall have the same effect as a judgment of the court.
(cf: P.L.1999, c.274, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill amends a provision of N.J.SA.2A:58-10 et seq., the civil penalty enforcement law. Currently, in actions to enforce civil penalties or awards or violations where the facts have been judged and monetary penalties or awards have been determined in contested cases under the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), upon the request of the agency, the Superior Court records the final order assessing the penalty or award on the judgment docket of the court.
This bill clarifies that the
provisions of this section shall also apply in cases where the person against
whom the penalty or award was ordered was afforded an opportunity for a hearing
in substantial compliance with the notice and hearing requirements of the
Administrative Procedure Act, before a board of appeals having jurisdiction
under the statute imposing the penalty.
It is the sponsor's view that a municipal administrative agency adjudication with monetary penalties or awards should not require or be subject to relitigation in municipal court. Rather, a final agency judgment should be entered as a final docketed judgment.
