Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, August 18, 2009

RULE 4:70. SUMMARY PROCEEDINGS FOR COLLECTION OF STATUTORY PENALTIES

4:70-1. Applicability; Scope

(a) Generally. Except as otherwise provided by paragraph (b) of this rule, an action to enforce a civil penalty imposed by any statute or ordinance providing for its collection or enforcement by a civil proceeding shall be brought as a summary action in the Law Division pursuant to R. 4:67 unless the statute requires a plenary action. The complaint may include a count for injunctive or other relief based on the same transaction or series of actions or similar violations as those for which the penalty is sought.

(b) Administrative Orders. If a state administrative agency has assessed a civil penalty after affording the person assessed an opportunity for a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., the final order of the agency shall be appealable to the Appellate Division pursuant to R. 2:2-3(a)(2). At the agency's request, the order shall be docketed by the Clerk of the Superior Court on the civil docket pursuant to R. 4:100 or the civil judgment and order docket, R. 4:101, or both, and shall thereafter have the same effect as a docketed judicial judgment or order.