N.J. Admin. Code § 13:45-5.2

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

Section 13:45-5.2 - Assessment of civil penalties, restitution and costs and other remedies under the law; second offenses

(a) Upon a finding of a violation of any provision of law or any regulation promulgated thereunder, after a hearing, the Director may, order remedies consistent with the applicable statute, which may include registration suspension or revocation, the assessment of a civil penalty in an amount consistent with the statute, based on the findings, a cease and desist directive or other remedial measures and a release from a bond to satisfy obligation, if one is required, restitution to consumers, costs and attorneys' fees.

(b) Whether a finding of an unlawful practice or practices in a second or subsequent transaction shall be deemed to be a second or subsequent offense in the same matter shall be controlled by the applicable statute. For the purpose of illustrating this provision, if a respondent in any administrative proceeding alleging violations of the Act or 45:17A-18 et seq. is found to have used or employed an unlawful practice in two separate transactions, the respondent shall be liable for a penalty of not more than $ 10,000 for the first transaction and not more than $ 20,000 for the second transaction. Under 45:14D-16, a second offense occurs in a proceeding only after entry of a prior order.

As amended, R.1977 d. 93, eff. 3/17/1977.
See: 9 N.J.R. 184(a).
Amended by R.2007 d.32, effective 2/5/2007.
See: 38 N.J.R. 4400(a), 39 N.J.R. 495(b).
Section was "Assessment of civil penalties". Rewrote the section.