N.J. Admin. Code § 8:62-5.4

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

Section 8:62-5.4 - Civil administrative penalties

(a) Whenever the Department finds that an individual, applicant, trainee, instructor, or certificant has violated any provision of N.J.A.C. 8:62, the Commissioner may assess a civil administrative penalty not to exceed $ 1,000 per day for the first offense and $ 5,000 per day for each subsequent offense. If the violation is of a continuing nature, each day shall constitute an additional and separate offense.

(b) No assessment shall be levied pursuant to this section until the violator has received notice which shall:

1. Be delivered by personal service or certified mail to the violator's last known address;

2. Specify the provisions of N.J.A.C. 8:62 which have been violated;

3. Contain a concise statement of the facts alleged to constitute the violation;

4. Specify the amount of civil administrative penalties to be imposed;

5. Provide notice of the violator's right to a hearing or an informal conference or review, pursuant to 8:62-5.5. Such notice shall:

i. Specify the time period in which the violator may submit a written request for a hearing; and

ii. Specify the address to which such request may be submitted.

(c) In assessing a civil administrative penalty pursuant to this chapter, the Commissioner shall consider the following factors, where applicable, in determining what constitutes an appropriate penalty for the particular violation:

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

2. Degree of harm posed to the proper administration of the lead permitting/certification 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 any statute or rule 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 this chapter would constitute a finding of knowing action.

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

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

6. Performance of the violator in correcting the violation.

(d) In addition to other sanctions in this chapter, the Commissioner shall require:

1. The immediate correction of any violation;

2. The removal of any worker from the job site within the meaning and purposes of this chapter;

3. The removal of any supervisor from the job site within the meaning and purpose of this chapter;

4. The removal of any inspector/risk assessor from the job site within the meaning and purpose of this chapter; and

5. The removal of any planner/project designer from the site within the meaning and purpose of this chapter.

N.J. Admin. Code § 8:62-5.4