New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 210 - APPAREL INDUSTRY REGISTRATION
Subchapter 1 - GENERAL PROVISION
Section 12:210-1.5 - Violations; penalties

Universal Citation: NJ Admin Code 12:210-1.5

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The following acts constitute violations of this subchapter:

1. Failure to comply with the registration requirements pursuant to 12:210-1.3;

2. Performing services or representing oneself as being registered to perform apparel industry services without holding a valid registration;

3. Contracting for the performance of an apparel industry service with a manufacturer or contractor who is known to have failed to register, renew its registration, or whose registration has been revoked; and

4. Failure to comply, for the second time in three years, with an order of the Commissioner concerning registration compliance.

(b) The following civil penalties may be imposed by the Commissioner for committing the violations in (a)1 through 4 above.

1. A fine of not less than $ 1,000 and not more than $ 2,000 for an initial violation;

2. A fine of not less than $ 2,000 and not more than $ 4,000 for each subsequent violation.

(c) Penalties shall be payable to the Commissioner of Labor and Workforce Development, Apparel Registration.

(d) An intentional failure to comply with the registration requirements shall be a crime of the fourth degree.

(e) If a manufacturer or contractor fails to comply with an order by the Commissioner to register or renew registration, the Commissioner may obtain an injunction prohibiting the manufacturer or contractor from conducting business.

(f) If a manufacturer or contractor is found guilty, after a hearing held pursuant to the Administrative Procedure Act, N.J.S.A. 51:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, of two violations of the same provision of this subchapter in three years, the Commissioner may suspend the registration of any such manufacturer or contractor for a period ranging from 30 days to one year.

(g) Any manufacturer or contractor who contracts, for the second time in three years, with a manufacturer or contractor who is known to have failed to comply with the registration requirements in N.J.A.C. 12:210-1.3, shall be liable to pay any civil penalty assessed against the known violator, if such violator has not paid the penalty.

(h) As an alternative or in addition to any other sanctions provided for in 34:6-149(e) when the Commissioner of Labor and Workforce Development finds that an employer has violated the Act, the Commissioner is authorized to assess and collect an administrative penalty in the amounts that follow:

1. First violation--not less than $ 250.00 and not more than $ 500.00;

2. Second and subsequent violations--not less than $ 500.00 nor more than $ 1,000.

(i) No administrative penalty shall be levied pursuant to this subchapter unless the Commissioner provides the alleged violator with notification by certified mail of the violation and the amount of the penalty and an opportunity to request a formal hearing. A request for a formal hearing must be received within 15 working days following the receipt of the notice.

1. The notice shall become the Final Order upon the expiration of the 15-working day period following receipt of the notice if a hearing is not requested.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.