N.J. Admin. Code § 12:101-5.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:101-5.1 - Penalties

(a) When it is determined by the Commissioner that a hotel employer has violated any provision of the Act or this chapter, the Commissioner may assess and collect administrative penalties in the amounts that follow:

1. First violation -- not more than $ 5,000.

2. Second and subsequent violations -- not more than $ 10,000.

(b) No administrative penalty shall be levied pursuant to this subchapter unless the Commissioner provides the alleged violator with notification of the violation, the amount of the penalty, and an opportunity to request a formal hearing.

(c) In assessing an 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(s):

1. The seriousness of the violation;

2. The past history of previous violations by the employer;

3. The good faith of the employer;

4. The size of the employer's business; and

5. Any other factors that the Commissioner deems to be appropriate in determining the amount of penalty assessed.

N.J. Admin. Code § 12:101-5.1

Adopted by 55 N.J.R. 2012(a), effective 9/18/2023