N.J. Admin. Code § 13:20-44.20
Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:20-44.20 - Additional penalties; schedule of penalties(a) Where, pursuant to 39:8-1 et seq., or any regulation adopted thereunder, the Chief Administrator has the authority to suspend, revoke or refuse to grant or renew the license of a private inspection facility, the Chief Administrator shall also have the authority to impose, as an alternative or in addition to such suspension, revocation or refusal to grant or renew, an official warning.(b) The following penalty schedule shall apply to private inspection facilities that violate P.L. 1995, c. 112, 39:8-1 et seq., N.J.A.C. 13:20-33, or this subchapter. 1. For intentionally or willfully improperly passing a motor vehicle for any required portion of the emission test or OBD inspection in violation of rules or procedural requirements: | i. | Six month license suspension; plus $ 1,000.00 | first violation |
| civil penalty |
| ii. | Two year license suspension; plus $ 5,000.00 | second violation |
| civil penalty |
| iii. | Lifetime license revocation; plus $ 7,500.00 | third violation |
| civil penalty |
2. For gross negligence in passing a motor vehicle for any required portion of the emission test or OBD inspection in violation of rules or procedural requirements: | i. | Six month license suspension; plus $ 500.00 | first violation |
| civil penalty |
| ii. | One year license suspension; plus $ 1,000.00 | second violation |
| civil penalty |
| iii. | Two year license suspension; plus $ 2,000.00 | third violation |
| civil penalty |
| iv. | Lifetime license revocation; plus $ 5,000.00 | fourth violation |
| civil penalty |
3. For simple negligence in passing a motor vehicle for any required portion of the emission test or OBD inspection in violation of rules or procedural requirements: | i. | Six month license suspension; plus $ 500.00 | first violation |
| civil penalty |
| ii. | Six month license suspension; plus $ 500.00 | second violation |
| civil penalty |
| iii. | One year license suspension; plus $ 750.00 | third violation |
| civil penalty |
| iv. | One year license suspension; plus $ 750.00 | fourth violation |
| civil penalty |
| v. | Two year license suspension; plus $ 1,000.00 | fifth and |
| civil penalty | subsequent violations |
4. For misrepresentation on application (fraud or misrepresentation in securing the license):i. Three-year license denial5. For fraudulently affixing a certificate of approval or rejection sticker: | i. | Immediate two-year license suspension; plus $ | first violation |
| 500.00 civil penalty |
| ii. | Immediate four-year license suspension; plus $ | second violation |
| 1,000.00 civil penalty |
| iii. | Lifetime license revocation; plus $ 2,000.00 | third violation |
| civil penalty |
6. For fraud or misrepresentation in the conduct of the licensed activity: | i. | Immediate two-year license suspension | first violation |
| ii. | Immediate four-year license suspension | second violation |
| iii. | Lifetime license revocation | third violation |
7. For issuance or possession of an altered, forged, stolen or counterfeit certificate of approval or rejection sticker: | i. | Two-year license suspension | first violation |
| ii. | Four-year license suspension | second violation |
| iii. | Lifetime license revocation | third violation |
8. For furnishing, lending, giving or selling a certificate of approval or rejection sticker without performing the required inspection or reinspection: | i. | Two-year license suspension | first violation |
| ii. | Four-year license suspension | second and |
| subsequent violations |
9. For failing to produce inspection records:i. Immediate license suspension until compliance10. For an unlicensed person performing an emission test or OBD inspection: | i. | Four-month license suspension | first violation |
| ii. | Six-month license suspension | second violation |
| iii. | One-year license suspension | third and |
| subsequent violations |
11. For fraudulent recordkeeping: | i. | Immediate two-year license suspension | first violation |
| ii. | Immediate four-year license suspension | second violation |
| iii. | Lifetime license revocation | third violation |
12. For improper recordkeeping: | i. | One-month license suspension | first violation |
| ii. | Two-month license suspension | second violation |
| iii. | Six-month license suspension | third and |
| subsequent violations |
13. For certifying a motor vehicle that does not meet State safety equipment standards: | i. | Six-month license suspension; plus $ 500.00 | first violation |
| civil penalty |
| ii. | Six-month license suspension; plus $ 750.00 | second violation |
| civil penalty |
| iii. | One-year license suspension; plus $ 1,000 civil | third and |
| penalty | subsequent violations |
14. For improper security of certificates of approval and/or rejection stickers: | i. | Written warning | first violation |
| ii. | Two-month license suspension | second violation |
| iii. | Six-month license suspension | third and |
| subsequent violations |
15. For lost or stolen certificates of approval, and/or rejection stickers for which the licensee does not properly account. A licensee can "properly account" for such documents by demonstrating, to the satisfaction of the Chief Administrator, that they were lost or stolen under circumstances beyond the reasonable control of the licensee: | i. | One-month license suspension; plus $ 100.00 | first violation |
| civil penalty per certificate |
| ii. | Two-month license suspension plus $ 250.00 | second violation |
| civil penalty per certificate |
| iii. | One-year license suspension plus $ 500.00 civil | third and |
| penalty per certificate | subsequent violations |
16. For overcharging on inspection/reinspection: | i. | Written warning | first violation |
| ii. | 30-day license suspension | second violation |
| iii. | 60-day license suspension | third and |
| subsequent violations |
17. For failing to maintain insurance coverage:i. Minimum 15-day license suspension and until compliance18. For failure to provide a motor vehicle inspection report, repair order, invoice, and/or Emission Repair Facility list to a customer: | i. | 30-day license suspension | first violation |
| ii. | 60-day license suspension | second violation |
| iii. | One-year license suspension | third and |
| subsequent violations |
19. For failure to post license: | i. | Written warning | first violation |
| ii. | 20-day license suspension | second violation |
| iii. | Two-month license suspension | third and |
| subsequent violations |
20. For failure to post outdoor sign: | i. | Written warning | first violation |
| ii. | 20-day license suspension | second violation |
| iii. | Two-month license suspension | third and |
| subsequent violations |
21. For failure to post hourly rate and/or inspection fees: | i. | Written warning | first violation |
| ii. | 20-day license suspension | second violation |
| iii. | Two-month license suspension | third and |
| subsequent violations |
22. For failure to pay fee(s):i. License suspension until compliance23. For criminal conviction which is disqualifying:i. Indefinite license denial/suspension license issuance/restoration predicated on standards set forth in the Rehabilitated Convicted Offenders Act (2A:168A-1 et seq.).
24. For failing to cooperate with an audit or investigation: | i. | Minimum 15-day license suspension and until |
| compliance |
N.J. Admin. Code § 13:20-44.20
Amended by R.2001 d.358, effective 10/15/2001.
See: 33 N.J.R. 1894(a), 33 N.J.R. 3651(b).
In (b), inserted N.J.A.C reference following c.112 in the introductory paragraph and rewrote 18.
Amended by R.2003 d.206, effective 5/19/2003.
See: 34 N.J.R. 2523(a), 35 N.J.R. 2251(b).
In (b), inserted "motor" preceding "vehicle" and "or OBD inspection" following "emission test" throughout, rewrote 10.
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Chief Administrator" for "Director" throughout; and in (b)15, deleted "certificates of waiver".
Amended by R.2009 d.312, effective 10/19/2009.
See: 41 N.J.R. 1674(a), 41 N.J.R. 3939(b).
In the introductory paragraph of (b), inserted "N.J.S.A. 39:8-1 et seq.,"; in the introductory paragraph of (b)5, inserted "a" and substituted "rejection sticker" for "certificate of waiver"; in the introductory paragraph of (b)7, inserted "an" and deleted a comma following "stolen" and ", certificate of waiver" following "approval"; in the introductory paragraph of (b)8, deleted ", certificate of waiver" following "approval"; in the introductory paragraph of (b)13, inserted "motor" and "equipment" and deleted "equipment" following "State"; in (b)13i, inserted "; plus $ 500.00 civil penalty"; in (b)13ii, inserted "; plus $ 750.00 civil penalty"; in (b)13iii, inserted "; plus $ 1,000 civil penalty"; in the introductory paragraph of (b)14, deleted ", certificates of waiver" following "approval"; and added (b)24.