N.J. Admin. Code § 2:25-6.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 2:25-6.3 - Civil and civil administrative penalties

(a) Every day upon which a violation occurs at the same location or by the same person shall be considered a separate violation for the purpose of calculating civil administrative penalties. Nothing in this section shall limit the applicability of any other penalties prescribed in this chapter, including the implementation of a Corrective Action Plan or of license suspension or revocation.

(b) The Department may issue civil administrative penalties based upon the seriousness of the misconduct.

1. Any unlicensed person growing, processing, or handling hemp shall be subject to a civil administrative penalty of up to $ 5,000 per day.

2. A person guilty of interfering, or refusing to cooperate, with any inspection or sampling procedures to be conducted by the Department shall pay a penalty of $ 500.00 for the first offense, $ 1,000 for the second offense, and $ 2,000 for each subsequent offense.

3. A person who fails to submit timely reports or does not respond to the Department's communications within a reasonable amount of time shall pay a penalty of $ 100.00 for the first offense, $ 200.00 for the second offense, and $ 300.00 for each subsequent offense.

4. No assessment shall be levied under this subsection until after the party has been notified by certified mail or personal service and has been provided an opportunity for a hearing in accordance with N.J.A.C. 2:25-6.4.

(c) For a violation of this chapter, the Department may adjust or waive the civil administrative penalty after weighing the following non-exclusive factors:

1. The violator's compliance history;

2. The nature, timing, and effectiveness of measures the violator takes to mitigate the effects of the violation;

3. The nature, timing, and effectiveness of measures the violator takes to prevent future similar violations;

4. Any unusual or extraordinary costs or impacts directly or indirectly imposed on the public or the environment as a result of the violation;

5. Whether the violator is growing, processing, or handling hemp while deliberately neglecting to obtain a license from the Department; and

6. Any other relevant circumstances.

N.J. Admin. Code § 2:25-6.3