N.J. Admin. Code § 7:27A-3.8

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

Section 7:27A-3.8 - Civil administrative penalty for failure to pay a fee

(a) The Department may assess a civil administrative penalty against each violator who fails to pay a fee when due.

(b) Each day a fee is not paid after it is due shall constitute an additional, separate and distinct offense.

(c) To assess a civil administrative penalty pursuant to this section:

1. The Department shall identify the civil administrative base penalty pursuant to (d) below; and

2. The civil administrative penalty shall be the base penalty unless adjusted pursuant to (e) below.

(d) The base penalty shall be as follows:

1. An amount equal to one-third of the unpaid fee or $ 50.00, whichever is greater, for the nonpayment of a fee due in any calendar year; or

2. An amount equal to two-thirds of the unpaid fee or $ 100.00, whichever is greater, for the nonpayment of a second fee in the same calendar year as in (d)1 above, but not the same fee as in (d)1 above; or

3. An amount equal to the unpaid fee or $ 250.00, whichever is greater, for the nonpayment of a third and each subsequent fee due in the same calendar year as in (d)1 above, but not the same fee as in (d)1 or 2 above.

(e) Failure to pay a fee within 30 days of receipt by the violator of notice of the nonpayment from the Department shall be considered a continuing violation. For a continuing violation, the Department may increase the amount of the base penalty calculated pursuant to (d) above by the amount obtained by multiplying the base penalty dollar amount by 0.1 percent for each day that the fee is past due.

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

N.J. Admin. Code § 7:27A-3.8

Amended by R.1995 d.5, effective 1/3/1995 (operative January 27, 1995).
See: 26 New Jersey Register 3566(a), 27 New Jersey Register 93(a).
Amended by R.2005 d.155, effective 5/16/2005 (operative June 17, 2005).
See: 36 New Jersey Register 5293(a), 37 New Jersey Register 1789(a).
Added (f).