New Jersey § 52:4b-68

§ 52:4b-68.

a. Whenever it appears that a person or entity has knowingly and willfully failed

to give notice in violation of subsection a. of section 3 of this act, 1 the board shall be authorized to serve a notice of hearing upon the person or entity

by personal service or by registered or certified mail. The notice shall contain the time, place and purpose of the hearing. In addition, the notice shall be accompanied by a petition alleging facts of an

evidentiary character that support or tend to support that the person or entity, who

shall be named therein as a respondent, knowingly and willfully failed to give the

notice required in subsection a. of section 3 of this act. Service of the notice and petition shall take place at least 15 days prior to the

date of the hearing. b. The chairperson of the board, or any board member designated by the chairperson,

shall preside over the hearing. The presiding member shall administer oaths and may issue subpoenas. The presiding member shall not be bound by the rules of evidence or civil procedure,

but the presiding member's determination shall be based on a preponderance of the

evidence. At the hearing, the burden of proof shall be on the board, which shall be represented

by the counsel to the board or another person designated by the board. The board shall produce witnesses and present evidence in support of the alleged

violation, which may include relevant hearsay evidence. The respondent, who may appear personally at the hearing, shall have the right of

counsel and may cross-examine witnesses and produce evidence and witnesses in his

behalf, which may include relevant hearsay evidence. The issue of whether the person who received an alleged payment or obligation to

pay committed the underlying crime shall not be relitigated at the hearing. Where the alleged violation is the failure to give notice of a payment amount involving

two or more payments the combined value or aggregate value of which exceeds $10,000,

no violation shall be found unless it is shown that such payments were intentionally

structured to conceal their character as funds of a convicted person. At the conclusion of the hearing, if the presiding member is not satisfied that

there is a preponderance of evidence in support of a violation, the member shall dismiss

the petition. If the presiding member is satisfied that there is a preponderance of the evidence

that the respondent committed one or more violations, the member shall so find. Upon such a finding, the presiding member shall prepare a written statement, to

be made available to the respondent and respondent's counsel, indicating the evidence

relied on and the reasons for finding the violation. The board shall adopt, promulgate, amend and repeal administrative rules and regulations

governing the procedures to be followed with respect to hearings, including rules

and regulations for the administrative appeal of a decision made pursuant to this

paragraph, provided such rules and regulations are consistent with the provisions

of this section. c. Whenever it is found that a respondent knowingly and willfully failed to give the

required notice, the board shall impose an assessment of up to the amount of the payment

or obligation to pay and a civil penalty of up to $1,000 or ten percent of the payment

or obligation to pay, whichever is greater. If a respondent fails to pay the assessment and civil penalty imposed, the assessment

and civil penalty may be recovered from the respondent by an action brought by the

Attorney General, upon the request of the board, in any court of competent jurisdiction. The board shall deposit the assessment in an escrow account pending the expiration

of the three- year statute of limitations authorized by section 4 of this act to preserve

such funds to satisfy a civil judgment in favor of a person who is a victim of a crime

committed by the convicted person to whom such failure to give notice relates. The board shall pay the civil penalty to the State Treasurer who shall deposit the

money in the State treasury. The board shall then notify any crime victim or crime victims, who may have a claim

against the convicted person, of the existence of such moneys. Such notice shall instruct such person or persons that they may have a right to

commence a civil action against the convicted person, as well as any other information

deemed necessary by the board. Upon a crime victim's presentation to the board of a civil judgment for damages

incurred as a result of the crime, the board shall satisfy up to 100 percent of that

judgment, including costs and disbursements as taxed by the clerk of the court, with

the escrowed fund, but in no event shall the amount of all judgments, costs and disbursements

satisfied from such escrowed funds exceed the amount in escrow. If more than one such crime victim indicates to the board that they intend to commence

or have commenced a civil action against the convicted person, the board shall delay

satisfying any judgment, costs and disbursements until the claims of all such crime

victims are reduced to judgment. If the aggregate of all judgments, costs and disbursement obtained exceeds the amount

of escrowed funds, the amount used to partially satisfy each judgment shall be reduced

to a pro rata share. After expiration of the three-year statute of limitations period established in section

4 of this act, 2 the board shall review all judgments that have been satisfied from such escrowed

funds. In the event no claim was filed or judgment obtained prior to the expiration of

the three-year statute of limitations, the board shall return the escrowed amount

to the respondent. In the event a claim or claims are pending at the expiration of the statute of limitations,

such funds shall remain escrowed until the final determination of all such claims

to allow the board to satisfy any judgment which may be obtained by the crime victim. Upon the final determination of all such claims and the satisfaction of up to 100

percent of such claims by the board, the board shall be authorized to impose an additional

civil penalty of up to $1,000 or ten percent of the payment or obligation to pay,

whichever is greater. Prior to imposing any such penalty, the board shall serve a notice upon the respondent

by personal service or by registered or certified mail of the intent of the board

to impose such penalty 30 days after the date of the notice and of the opportunity

to submit documentation concerning the board's determination. After imposing and deducting any such additional civil penalty, the board shall

distribute 50 percent of the remaining escrowed funds to the State Treasurer, who

shall deposit the money in the General Fund for general State purposes. The other 50 percent of the remaining escrowed funds shall be distributed to the

board and may be used for purposes the board deems appropriate, including, but not

limited to, awarding scholarships pursuant to P.L.2000, c. 163 ( C.18A:71B-53 et seq. ), the Tony Pompelio Commemorative Scholarship Fund Act. d. Notwithstanding any other provision of law to the contrary, an alleged failure

by a convicted person to give notice under this act may not result in proceedings

for an alleged violation of the conditions of probation, conditional release or post

release supervision unless: one or more claims were made by a crime victim against

the convicted person pursuant to this section, and the crime victims board imposes

an assessment or penalty upon the convicted person pursuant to this section, and the

convicted person fails to pay the total amount of the assessment or penalty within

sixty days of the imposition of such assessment or penalty. e. Records maintained by the board and proceedings by the board or a board member

based thereon regarding a claim submitted by a victim or a claimant shall be deemed

confidential. 1

N.J.S.A. § 52:4B-63 2

N.J.S.A. § 52:4B-64