Current through Register Vol. 56, No. 24, December 18, 2024
(a) In accordance with
N.J.S.A.
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
N.J.S.A.
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
N.J.S.A.
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.
