N.J. Admin. Code § 14:4-5.13

Current through Register Vol. 56, No. 19, October 7, 2024

Section 14:4-5.13 - Enforcement

(a) Failure to comply with any provision of this subchapter shall subject the violator to the following penalties in accordance with the Board's regulatory and statutory authority:

1. Denial, suspension or revocation of the license or registration;

2. Financial penalties;

3. Prohibition on accepting new customers; and/or

4. Any and all other remedies authorized by law.

(b) In determining the appropriate sanction for a violation of this subchapter, the Board shall consider the following criteria and any other factors deemed appropriate and material to the failure to comply:

1. The good faith efforts, if any, of the entity charged in attempting to achieve compliance;

2. The gravity of the violation or failure to comply with the requirements in this subchapter;

3. The number of past violations by the entity charged regarding this subchapter and other Board rules or orders; and

4. The appropriateness of the sanction or fine to the financial situation or customer base of the company charged.

(c) In determining the penalty for a violation, the Board may, where appropriate, consider each day of each violation against each customer as a separate offense, punishable by an additional fine.

(d) Nothing shall limit the authority of the Board to deny, suspend, or revoke a license or registration at any time, consistent with the provisions of P.L. 1999, c. 23 (N.J.S.A. 48:3-49et seq.).

N.J. Admin. Code § 14:4-5.13

Amended by 53 N.J.R. 1573(a), effective 9/20/2021