N.J. Admin. Code § 12:55-3.6

Current through Register Vol. 56, No. 17, September 3, 2024

Section 12:55-3.6 - Violations and penalties

(a) An affected employer found to be in violation of the Act or this subchapter, shall be assessed by the Commissioner an administrative penalty in the amounts that follow:

1. First violation--not less than $ 100.00 and not more than $ 250.00;

2. Second and subsequent violations -- $ 250.00.

(b) An administrative penalty shall not be imposed on an affected employer for the first violation if the employer demonstrates to the satisfaction of the Department within the cure period that it is complying with the Act and this subchapter.

(c) An employer seeking to demonstrate that it is complying with the Act and this subchapter may do so by submitting the compliance form provided by the Department and available on the Department's website. The Department may require submission of additional information, including documentary evidence, reasonably necessary to prove that a first violation was cured within the cure period.

(d) After the cure period, each additional 30-day period in which an affected employer fails to offer a pre-tax fringe benefit shall constitute a subsequent violation.

(e) An administrative penalty shall not be imposed on any individual employer more than once in any 30-day period.

N.J. Admin. Code § 12:55-3.6

Adopted by 52 N.J.R. 1616(b), effective 8/17/2020