N.J. Admin. Code § 17:27-10.7

Current through Register Vol. 57, No. 1, January 6, 2025

Section 17:27-10.7 - Fines and penalties

(a) When the Division or Department finds that a construction contractor, vendor or public agency has violated the Act or its implementing rules, the Treasurer is authorized to assess and collect fines in the amounts and time frames that follow:

1. First Violation - $ 250.00 per day for each violation during which the violation continues.

2. Second Violation - not more than $ 500.00 per day for each violation for each day during which the violation continues.

3. Third and Subsequent Violations - not less than $ 500.00 per day for each violation but not more than $ 1,000 per day for each violation.

(b) All fines and penalties shall be paid within 30 business days of the date of the final order. Failure to pay such penalties and fines shall result in a judgment being obtained in a court of competent jurisdiction.

(c) All fines shall be made payable to the Treasurer, State of New Jersey. All payments shall be made by certified check or money order, or payable in a form suitable to the Treasurer.

(d) In assessing a fine or penalty pursuant to this chapter, the Division or Department shall consider the following factors:

1. The size of vendor/construction contractor's business or the population of the public agency;

2. The past history of compliance;

3. The frequency of violation for a third or subsequent violation;

4. The seriousness of the violation;

5. Indicia of good faith efforts to comply with equal employment opportunity requirements and/or affirmative action program;

6. The level of cooperation of the entity in exchanging information regarding its efforts to correct deficiencies that resulted in violation;

7. Indicia of any intentional or misleading conduct; and

8. Any other factors which the Division or Department deems to be appropriate in determining the penalty assessed, with all such factors to be explicitly articulated by the Division or Department in its assessment of such penalty.

(e) No fine or penalty shall be levied pursuant to this subchapter unless the Division or Department provides the alleged violator with notification by certified mail which includes the amount of the penalty following the opportunity for an investigatory conference and the hearing process set forth in N.J.A.C. 17:27-10.8.

N.J. Admin. Code § 17:27-10.7

Amended by 49 N.J.R. 2968(b), effective 9/5/2017