N.J. Admin. Code § 17:30-20.7

Current through Register Vol. 56, No. 17, September 3, 2024
Section 17:30-20.7 - Classification of violations
(a) Violations shall be categorized as follows:
1. Category I, which is the exhibition of a pattern and practice of violating the requirements of the rules, posing a serious risk of harm to the health, safety, or welfare of consumers or personnel;
2. Category II, which is the failure to comply with administrative requirements, such that the licensee or permittee poses an immediate and serious risk of harm or actual harm to the health, safety, or welfare of consumers, personnel, or the general public, including, but not limited to, transfer of cannabis to a person under 21 years of age;
3. Category III, which is the submission of fraudulent, false, or misleading information, as to a material fact, to the Commission, or falsifying or concealing any record required to be maintained by the license holder;
4. Category IV, which is the failure of any owner, principal, management services contractor, employee, or volunteer of a cannabis business license holder or testing laboratory to register with the Commission and be issued a Cannabis Business Identification Card; or failure to complete training course, or failure to be in physical possession of their Cannabis Business Identification Card while acting in the course of their duties; and
5. Category V, which shall consist of other violations of the Commission's rules, or violations of valid ordinances established by municipalities that do not constitute a major violation.
(b) The Commission shall issue sanctions for violations of this chapter that account for the particular circumstances of the violation. The Commission shall consider, at a minimum, issuing the following sanctions for violations:

Category Violation 1 Violation 2 Violation 3 Violation 4 or any subsequent violation
I Revocation
II $500,000 Suspension Revocation
III $250,000 $500,000 Revocation
IV $10,000 $25,000 $50,000 Suspension
V $5,000 $10,000 $25,000 $50,000

(c) A license holder shall pay an imposed civil monetary penalty by the time specified by the notice of enforcement action.

N.J. Admin. Code § 17:30-20.7

Adopted by 55 N.J.R. 402(a), effective 3/6/2023