N.J. Admin. Code § 12:121-7.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 12:121-7.3 - Penalties

(a) Any violation of any of the provisions of the Act or of these rules promulgated pursuant thereto shall be punishable by a monetary penalty of not less than $ 100.00 and not more than $ 10,000 for each violation. For a second or a subsequent offense a penalty of not less than $ 500.00 and not more than $ 100,000 shall be imposed for each violation. Penalties shall be collected in accordance with "The Penalty Enforcement Law of 1999," P.L. 1999, c. 274, N.J.S.A. 2A:58-10 et seq.

(b) Any violation of the Act by an officer, agent or employee may also be deemed to be a violation committed by the employer who will be penalized therefor under the terms of the Act and of this chapter.

(c) Where the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.

(d) The Commissioner, at his or her discretion, may compromise and settle any claim for a penalty imposed under the Act in such amount as he or she deems to be appropriate and equitable under all of the circumstances, including, but not limited to:

1. The past record of compliance with provisions of the Act by the person cited;

2. The degree of cooperation afforded to the Commissioner's representatives by the person cited in securing compliance with the provisions of the Act;

3. Whether the violation was willful in nature; and

4. Whether the violation resulted in injury or bodily harm.

N.J. Admin. Code § 12:121-7.3