N.J. Admin. Code § 13:48-14.1

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

Section 13:48-14.1 - Civil penalties; alternative remedies

(a) When a finding is made of a violation of the Act or these rules, after notice and an opportunity for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, in addition or as an alternative to revocation or suspension of a registration, a person may be ordered to:

1. Pay civil penalties in accordance with the Act as follows:

i. Any person who has not previously been found to have violated the Act shall, in addition to any other relief authorized by the Act or any other law, be liable for a civil penalty of not more than $ 10,000 for the first violation;

ii. For a second violation, or if a person is found liable for more than one violation within a single proceeding, the liability for the second violation shall not exceed a civil penalty in the amount of $ 20,000;

iii. For a third violation, or if a person is found liable for more than two violations within a single proceeding, the liability for a third or any succeeding violation shall not exceed a civil penalty in the amount of $ 20,000 for each additional violation;

2. Cease and desist from any act or practice in violation of the Act or these rules or take necessary affirmative corrective action with regard to any unlawful act or practice; or

3. Restore to any person aggrieved by an unlawful act or practice any money or property, real or personal, acquired by means of any unlawful act or practice, except that the Attorney General shall not order restoration in a dollar amount greater than those monies received by the registrant or his agent or any other person violating the Act or these rules.

N.J. Admin. Code § 13:48-14.1

Amended by R.2011 d.061, effective 2/22/2011.
See: 42 N.J.R. 1676(a), 43 N.J.R. 439(a).
In (a)1i, substituted "$ 10,000" for "$ 7,500"; and in (a)1ii and (a)1iii, substituted "$ 20,000" for "$ 15,000".