Rule text
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.
Notes
Note: Source -- R.R. 4:89, 5:2-6(a) (c) (first sentence), 7:13-1, 7:14. Amended July 14, 1972 to be effective September 5, 1972; former rule redesignated paragraph (a) and paragraph (b) adopted July 24, 1978 to be effective September 11, 1978; paragraph (a) amended July 12, 2002 to be effective September 3, 2002; caption amended, captions added to paragraphs (a) and (b), former text of paragraphs (a) and (b) deleted, and new text for paragraphs (a) and (b) adopted July 28, 2004 to be effective September 1, 2004.