77 79 Lessing Road ZB 25 1 Planning Review Rev1 February 19 2025

15 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 (f) Failure to pay a monetary penalty when it becomes due pursuant to (e) above and/or N.J.A.C. 8:24-11.8(b) may result in one or more of the following actions being imposed on the applicant for a cottage food operator permit or the permit holder: 1. Institution of a summary civil proceeding by the State, pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.; 2. The Department's denial of, or refusal to issue, a permit or a permit renewal; and/or 3. Revocation of an existing permit. § 8:24-11.8 Hearing on enforcement actions (a) When the Department summarily suspends the permit of a cottage food operator, the operator maintains the right to petition the Commissioner of the Department for emergency relief. 1. To request emergency relief, the cottage food operator must submit to the Department, within 30 days from the date of the notice of summary suspension, a request in writing accompanied by a response to the notice of summary suspension. i. Failure to submit a request for emergency relief within 30 days from the date of the notice of summary suspension shall result in the cottage food operator's forfeiture of all rights to emergency relief. 2. All applications for emergency relief will be handled in accordance with N.J.A.C. 1:1-12.6(c). 3. Unless emergency relief is granted, the summary suspension shall remain in effect until lifted by either the Department or a court of competent jurisdiction. 4. Nothing in this section shall be construed to prevent the Department from simultaneously, or thereafter, moving to suspend or revoke the permit of a cottage food operator or to issue the cottage food operator a monetary penalty. (b) If the Department issues a notice of proposed assessment of a monetary penalty, permit suspension or revocation, and/or denial of permit issuance or renewal, the Department shall afford the applicant or permit holder an opportunity for a hearing to contest the proposed action.