N.J. Admin. Code § 8:50-5.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:50-5.5 - Civil administrative penalties

(a) If the Department finds that an individual, applicant or licensee has violated a provision of the Act or this chapter and/or has knowingly made a false statement, representation or certification in any application, record or document filed or maintained in accordance with the Act or this chapter, the Commissioner may assess a civil administrative penalty of no more than $ 25,000 per day for the first offense and $ 50,000 per day for the second and each subsequent offense.

(b) Each day the violation continues shall constitute an additional, separate and distinct offense.

(c) The Department may compromise and settle any claim for a penalty, pursuant to the Act, in an amount as the Department determines is appropriate and equitable under the circumstances.

(d) Any penalty imposed pursuant to the Act or this chapter, may be collected, with costs, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274, 2A:58-10 et seq.

(e) The Department shall levy no assessment pursuant to this section until the violator has received notice that is:

1. Delivered by courier, personal service, or certified mail to the violator's last known address;

2. Specifies the provisions of the Act or this chapter that the violator has violated;

3. Contains a concise statement of the facts alleged to constitute the violation;

4. Specifies the amount of the civil administrative penalties to be imposed; and

5. Provides notice of the violator's right to a hearing or an informal conference or review.

(f) In assessing a civil administrative penalty pursuant to this chapter, the Commissioner shall consider the following factors, as applicable, in determining what constitutes an appropriate penalty for the particular violation:

1. Degree of hazard posed to human health and the environment;

2. Degree of harm posed to the proper administration of the child care/school certification program;

3. Category of culpability evidenced by the violator's action, including knowing action, reckless action or negligent action.

i. In determining culpability, ignorance of any legal requirement of statute or rule shall constitute a negligent action unless the legal requirement is one of which the violator has constructive notice, in which case the violator's action shall be classified as reckless; and

ii. Actual notice of the legal requirement of this chapter would constitute a finding of knowing action;

4. Past history of compliance on the part of the violator;

5. Economic benefit that the violator accrues as a result of the violation; and

6. Performance of the violator in correcting the violation.

(g) In addition to other sanctions in this chapter, the Commissioner shall require:

1. The immediate correction of any violation; and

2. The removal of any consultant from a job site within the meaning and purpose of this chapter.

N.J. Admin. Code § 8:50-5.5