New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS
Subchapter 5 - ISSUANCE OF FINAL DECISION
Section 13:45-5.2 - Assessment of civil penalties, restitution and costs and other remedies under the law; second offenses

(a) Upon a finding of a violation of any provision of law or any regulation promulgated thereunder, after a hearing, the Director may, order remedies consistent with the applicable statute, which may include registration suspension or revocation, the assessment of a civil penalty in an amount consistent with the statute, based on the findings, a cease and desist directive or other remedial measures and a release from a bond to satisfy obligation, if one is required, restitution to consumers, costs and attorneys' fees.

(b) Whether a finding of an unlawful practice or practices in a second or subsequent transaction shall be deemed to be a second or subsequent offense in the same matter shall be controlled by the applicable statute. For the purpose of illustrating this provision, if a respondent in any administrative proceeding alleging violations of the Act or 45:17A-18 et seq. is found to have used or employed an unlawful practice in two separate transactions, the respondent shall be liable for a penalty of not more than $ 10,000 for the first transaction and not more than $ 20,000 for the second transaction. Under 45:14D-16, a second offense occurs in a proceeding only after entry of a prior order.