N.J. Admin. Code § 12:120-3.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:120-3.4 - Enforcement

(a) In accordance with 34:5A-41, any person who violates a provision of this chapter shall, upon conviction, be guilty of a crime of the third degree and, notwithstanding the provisions of 2C:43-3, shall be subject to a fine of not more than $ 25,000 in addition to any other appropriate disposition authorized by subsection b of 2C:43-2.

(b) The Commissioner of Labor and Workforce Development or the Commissioner of Health , as the case may be, as an alternative to or in addition to the fines and imprisonment authorized in (a) above, may employ the following powers and remedies in enforcing their respective responsibilities under the Act:

1. Whenever either the Commissioner of Labor and Workforce Development or Health find that a person has violated any provision of the Act for which that Commissioner has the responsibility to enforce, that Commissioner may issue an administrative order to abate the violation. The administrative order must:

i. Specify the provisions of the Act which the person has violated;

ii. Give notice of the person's right to an informal conference or hearing pursuant to N.J.A.C. 12:120-8 and 8:60-8, on the matters contained in the order. Upon a request for an informal conference or formal hearing, the Commissioner of Labor and Workforce Development or Health may grant a stay of the administrative order following review of a written request that includes a factual basis and clearly supports the appropriateness of the stay.

2. Either the Commissioner of Labor and Workforce Development or Health may institute an action or proceeding in the Superior Court for injunctive or other relief for any violation of this Act for which the Commissioner has the responsibility to enforce and the court may proceed in the action in a summary manner.

(c) Either the Commissioner of Labor and Workforce Development or the Commissioner of Health may assess a civil administrative penalty in accordance with N.J.A.C. 12:120-3.5 and 8:60-3.5, not to exceed $ 25,000 for each violation of this Act for which that Commissioner has the responsibility to enforce.

1. Each day during which the violation continues shall constitute an additional, separate and distinct offense.

2. The assessment of a civil administrative penalty shall not be levied until after the alleged violator has been notified by certified mail or personal service. The notice of assessment shall include:

i. A reference to the section of the statute violated;

ii. A concise statement of the facts alleged to constitute a violation;

iii. A statement of the amount of civil administrative penalties to be imposed; and

iv. A statement of the alleged violator's right to an informal conference or formal hearing pursuant to N.J.A.C. 12:120-8 et seq. and 8:60-8 et seq.

3. Either Department may negotiate the amount of a civil administrative penalty as it deems appropriate.

4. Payment of the assessment of a civil administrative penalty is due upon issuance of a final order by the Commissioner of Labor and Workforce Development or the Commissioner of Health .

5. The Commissioner of Labor and Workforce Development or the Commissioner of Health may file a civil action to recover a civil administrative penalty with costs pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1et seq.

(d) A person who violates an administrative order issued pursuant to subsection (b)1 above, or who violates a court order issued pursuant to subsection (b)2 above, or who fails to pay in full an administrative assessment pursuant to subsection (c) above, shall be subject, upon court order, to a civil penalty not to exceed $ 50,000 per day for such violation.

(e) The pursuit of any of the remedies specified in this section shall not preclude either Commissioner from seeking any other remedy.

N.J. Admin. Code § 12:120-3.4

Amended by 50 N.J.R. 1149(a), effective 4/16/2018