N.J. Admin. Code § 12:67-1.4

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

Section 12:67-1.4 - Administrative penalties

(a) When the Director finds that an employer or employer's agent, representative, or designee has violated the Act, the Director is authorized to assess an administrative penalty against the employer in the amounts that follow:

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

2. Second violation - not more than $ 5,000; and

3. Third and subsequent violations - not more than $ 10,000.

(b) No administrative penalty shall be levied pursuant to this chapter unless the Director provides the alleged violator with written notification of the violation, the amount of the penalty, and the opportunity to appeal the penalty assessment to the Commissioner.

(c) In determining what constitutes an appropriate administrative penalty for a particular violation, the following factors shall be considered, where applicable:

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; and

5. Any other factors which are deemed to be appropriate under the circumstances.

N.J. Admin. Code § 12:67-1.4