N.J. Admin. Code § 12:120-3.5

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

Section 12:120-3.5 - Civil administrative penalties

(a) Employers, training agencies and instructors may be assessed civil administrative penalties not to exceed $25,000 for each violation of the Act or this chapter, including, but not limited to:

1. Performing as an employer without a license;

2. Allowing an employee to work without a permit;

3. Submitting false information on the application for a license;

4. Submitting false information on the application for a course certification or instructor approval;

5. Performing as a training agency without certification;

6. Failure to meet license performance standards when performing asbestos abatement work;

7. Failure to perform quality asbestos training;

8. Submitting false information on training records;

9. Failure to fulfill notification requirements pursuant to N.J.A.C. 12:120-7 and 8:60-7;

10. Other violations of the Act or this chapter.

(b) Workers, supervisors, and trainees may be assessed civil administrative penalties not to exceed $25,000 for each violation of the Act or this chapter, including, but not limited to:

1. Working as an employee without a permit;

2. Submitting false information on the application for a permit;

3. Submitting false information on the application for an examination;

4. Submitting false information to gain entrance into an examination;

5. Using fraudulent means during the taking of an examination;

6. Using fraudulent means to pass an examination;

7. Tampering with, altering, or defacing a permit;

8. Submitting false information on training records;

9. Other violations of the Act or this chapter;

(c) In assessing a civil administrative penalty pursuant to this chapter, the Commissioner of Labor and Workforce Development or the Commissioner of Health , as the case may be, may consider the following factors, where applicable, in determining what constitutes an appropriate penalty for the particular violations:

1. Degree of hazard posed to human health and the environment;

2. Degree of harm posed to the proper administration of the licensing/permitting program;

3. Category of culpability evidenced by the violator's action, including knowing action, reckless action, or negligent action;

i. In determining culpability, ignorance of any legal requirement of the Act or this chapter shall constitute a negligent action unless the legal requirement is one of which the violator has constructive notice, in which case the violator's action shall be classified as reckless;

ii. Actual notice of the legal requirement of the Act or this chapter shall constitute a finding of knowing action;

4. Past history of compliance on the part of the violator;

5. Economic benefit which the violator accrues as a result of the violation; and

6. Cooperation of the violator in correcting the violation.

(d) In addition to other sanctions in the Act or this chapter, the Commissioner of Labor and Workforce Development or the Commissioner of Health , as the case may be, shall have the authority to require:

1. The immediate correction of any violation;

2. The removal of the employer from the job site within the meaning and purposes of the Act;

3. The removal of any worker from the job site within the meaning and purposes of the Act;

4. The removal of any supervisor from the job site within the meaning and purposes of the Act; and

5. The removal of any instructor from the training course within the meaning and purposes of the Act.

N.J. Admin. Code § 12:120-3.5

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