New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 68 - THE OPPORTUNITY TO COMPETE ACT RULES
Subchapter 1 - GENERAL PROVISIONS
Section 12:68-1.5 - Administrative penalties
Universal Citation: NJ Admin Code 12:68-1.5
Current through Register Vol. 56, No. 18, September 16, 2024
(a) When the Director finds that an employer has violated the Act, the Director is authorized to assess an administrative penalty against the employer in the amounts that follow:
1. First violation - not more than $
1,000;
2. Second violation - not more
than $ 5,000; and
3. Third and
subsequent violations - not more than $ 10,000.
(b) No administrative penalty shall be levied pursuant to this chapter unless the Director provides the alleged violator with written notification of the violation, the amount of the penalty, and the opportunity to appeal the penalty assessment to the Commissioner.
(c) In determining what constitutes an appropriate administrative penalty for a particular violation, the following factors shall be considered, where applicable:
1. The seriousness
of the violation;
2. The past history of
previous violations by the employer;
3.
The good faith of the employer;
4. The
size of the employer; and
5. Any other
factors which are deemed to be appropriate under the circumstances.
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.
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