Current through Register Vol. 56, No. 18, September 16, 2024
(a) In accordance with
34:5A-41, any person who violates a
provision of this chapter shall, upon conviction, be guilty of a crime of the third
degree and, notwithstanding the provisions of
2C:43-3, shall be subject to a fine of
not more than $ 25,000 in addition to any other appropriate disposition authorized
by subsection b of
2C:43-2.
(b) The Commissioner of Labor and Workforce
Development or the Commissioner of Health , as the case may be, as an alternative to
or in addition to the fines and imprisonment authorized in (a) above, may employ the
following powers and remedies in enforcing their respective responsibilities under
the Act:
1. Whenever either the Commissioner of
Labor and Workforce Development or Health find that a person has violated any
provision of the Act for which that Commissioner has the responsibility to enforce,
that Commissioner may issue an administrative order to abate the violation. The
administrative order must:
i. Specify the
provisions of the Act which the person has violated;
ii. Give notice of the person's right to an
informal conference or hearing pursuant to N.J.A.C. 12:120-8 and 8:60-8, on the
matters contained in the order. Upon a request for an informal conference or formal
hearing, the Commissioner of Labor and Workforce Development or Health may grant a
stay of the administrative order following review of a written request that includes
a factual basis and clearly supports the appropriateness of the stay.
2. Either the Commissioner of Labor and
Workforce Development or Health may institute an action or proceeding in the
Superior Court for injunctive or other relief for any violation of this Act for
which the Commissioner has the responsibility to enforce and the court may proceed
in the action in a summary manner.
(c) Either the Commissioner of Labor and Workforce
Development or the Commissioner of Health may assess a civil administrative penalty
in accordance with N.J.A.C.
12:120-3.5 and 8:60-3.5,
not to exceed $ 25,000 for each violation of this Act for which that Commissioner
has the responsibility to enforce.
1. Each day
during which the violation continues shall constitute an additional, separate and
distinct offense.
2. The assessment of a
civil administrative penalty shall not be levied until after the alleged violator
has been notified by certified mail or personal service. The notice of assessment
shall include:
i. A reference to the section of the
statute violated;
ii. A concise
statement of the facts alleged to constitute a violation;
iii. A statement of the amount of civil
administrative penalties to be imposed; and
iv. A statement of the alleged violator's right to
an informal conference or formal hearing pursuant to N.J.A.C. 12:120-8 et seq. and
8:60-8 et seq.
3. Either
Department may negotiate the amount of a civil administrative penalty as it deems
appropriate.
4. Payment of the
assessment of a civil administrative penalty is due upon issuance of a final order
by the Commissioner of Labor and Workforce Development or the Commissioner of Health
.
5. The Commissioner of Labor and
Workforce Development or the Commissioner of Health may file a civil action to
recover a civil administrative penalty with costs pursuant to the Penalty
Enforcement Law, N.J.S.A. 2A:58-1et seq.
(d) A person who violates an administrative order
issued pursuant to subsection (b)1 above, or who violates a court order issued
pursuant to subsection (b)2 above, or who fails to pay in full an administrative
assessment pursuant to subsection (c) above, shall be subject, upon court order, to
a civil penalty not to exceed $ 50,000 per day for such violation.
(e) The pursuit of any of the remedies specified
in this section shall not preclude either Commissioner from seeking any other
remedy.
