N.J. Admin. Code § 5:105-2.14

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:105-2.14 - Knowing and willful violations of the Act; penalties

(a) Public officials, officers, employees or custodians who knowingly and willfully violate the Act and are found to have unreasonably denied access under the totality of the circumstances shall be subject to a civil penalty pursuant to N.J.S.A. 47:1A-11.

(b) Penalty amounts are as follows:

1. $ 1,000 for initial violation;

2. $ 2,500 for a second violation that occurs within ten (10) years of an initial violation; and

3. $ 5,000 for a third violation that occurs within ten (10) years of an initial violation.

(c) The Council shall not impose a penalty unless it has undertaken, or caused the Office of Administrative Law to have undertaken, an expedited or summary hearing to determine whether a public official, officer, employee or custodian knowingly and willfully violated the Act and unreasonably denied access under the totality of the circumstances.

(d) Penalties shall be collected and enforced in proceedings in accordance with the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq., and the rules of court governing actions for the collection of civil penalties.

(e) The New Jersey Superior Court shall have jurisdiction of proceedings for the collection and enforcement of the penalty imposed by the Council.

(f) Appropriate disciplinary proceedings may be initiated by the employing public agency against a public official, officer, employee, or custodian against whom a penalty has been imposed.

N.J. Admin. Code § 5:105-2.14

Amended by 54 N.J.R. 2081(a), effective 11/7/2022