N.J. Admin. Code § 11:2-17.15 - Penalties
(a) If, after
notice and hearing, the Commissioner finds that a person has violated this
subchapter, he shall make his findings in writing and shall issue and cause to
be served upon the person charged with the violation an order requiring such
person to cease and desist from engaging in such violation. The Commissioner
may order payment of a penalty not to exceed $ 1,000 for each and every
violation unless the person knew or reasonably should have known he was in
violation of this subchapter, in which case the penalty shall not be more than
$ 5,000 for every violation. The Commissioner shall collect the penalty in the
name of the State in a summary proceeding in accordance with "the penalty
enforcement law" (N.J.S.A. 2A:58-1 et seq.).
(b) Any person who violates a cease and
desist order of the Commissioner under (a) above, after it has become final,
and while such order is in effect, shall be liable to a penalty not exceeding $
5,000 for each violation, which may be recovered in a civil action. In
determining the amount of the penalty the question of whether the violation was
willful shall be taken into consideration.
(c) The penalties provided herein shall be in
addition to any other penalties authorized by law.
Notes
See: 18 New Jersey Register 2415(a), 19 New Jersey Register 1096(a).
Petition for Rulemaking.
See: 25 New Jersey Register 6065(a).
Recodified from N.J.A.C. 11:2-17.14 by R.1993 d.681, effective
See: 25 New Jersey Register 3921(a), 25 New Jersey Register 5929(b).
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