N.J. Admin. Code § 7:27A-3.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:27A-3.7 - Civil administrative penalty for failure to allow lawful entry and inspection

(a) The Department may assess a civil administrative penalty against each violator who refuses, inhibits or prohibits immediate lawful entry and inspection of any premises, building, or place, except private residences, by any authorized Department representative.

(b) Each day that a violator refuses, inhibits or prohibits immediate lawful entry and inspection of any premises, building, or place, except private residences, by any authorized Department representative, shall be an additional, separate and distinct offense.

(c) The amount of the civil administrative penalty for offenses described in this section shall be $ 8,000 for the first offense, $ 16,000 for the second offense, and $ 40,000 for the third and each subsequent offense.

(d) The Department may, in its discretion, treat an offense as a first offense solely for civil administrative penalty determination purposes, if the violator has not committed the same offense in the five years immediately preceding the date of the pending offense.

(e) A violation under this section is non-minor and, therefore, not subject to a grace period.

N.J. Admin. Code § 7:27A-3.7

Amended by R.2005 d.155, effective 5/16/2005 (operative June 17, 2005).
See: 36 N.J.R. 5293(a), 37 N.J.R. 1789(a).
Added (e).