N.J. Admin. Code § 12:190-12.1

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

Section 12:190-12.1 - Penalties

(a) Any person violating any of the provisions of the Act shall be liable for a penalty of not less than $ 100.00 nor more than $ 5,000 for the first offense, not less than $ 300.00 nor more than $ 5,000 for the second offense and not less than $ 500.00 nor more than $ 10,000 for the third and each succeeding offense.

(b) Any violation of the Act by an officer, agent or employee shall also be deemed to be a violation by the employer if the employer had knowledge of or actual control over the cause of such violation.

(c) Where the violation consist of a refusal to obey an order of the Commissioner, each day during which it continues shall constitute an additional, separate and distinct offense.

(d) The Commissioner, at his or her discretion, may compromise and settle any claim for a penalty imposed under the Act in such amount as he or she deems to be appropriate and equitable under all of the circumstances, including, but not limited to:

1. The past record of compliance with the provision of the Act by the alleged violator;

2. The degree of cooperation afforded to the Commissioner's representatives by the alleged violator in securing compliance with the provisions of the Act;

3. Whether the cited violation was willful in nature; and

4. Whether the cited violation resulted in injury or bodily harm.

N.J. Admin. Code § 12:190-12.1