N.J. Admin. Code § 5:14A-6.3 - Administrative penalties

(a) The Commissioner or the Commissioner's designee is authorized to assess and collect an administrative penalty in the amount of up to $ 5,000 for each violation.
(b) In determining the amount of the penalty, the following factors shall be considered:
1. Whether there has been a good faith attempt at full compliance;
2. The seriousness of the violation;
3. The past history of violations or non-compliance with orders;
4. Whether the violation was willful;
5. Whether the violation did cause or could have caused injury or bodily harm;
6. Whether the violation poses an imminent hazard to public health and safety; and
7. Any other appropriate factors.
(c) Each day in which the owner, operator or manufacturer operates a ride in violation of an order issued by the Department or allows a violation to continue, shall be considered a separate violation.
(d) Except as otherwise set forth in this section, no administrative penalty shall be levied pursuant to this section unless the alleged violator is provided with a notice and order to abate the violation, the amount of any penalty and an opportunity to request an administrative hearing. Penalties may be issued without prior notice to abate for the following violations:
1. Operating a ride without a permit;
2. Modification of a ride without approval by the Department;
3. Operating a ride in a manner likely to cause injury;
4. Submission or maintenance of false, invalid or fraudulent information;
5. Failure to cease operation after a serious incident;
6. Failure to report an incident;
7. Failure to comply with an order of the Commissioner that is in the form of an express condition of a permit, individual approval, type certification, or amended type certification;
8. An owner offering or advertising a ride for use or rental within the State without a valid annual permit for that ride, pursuant to 5:14A-2.10; or
9. A manufacturer stating or implying in advertising that a ride is approved for use within the State without a valid type certification for that ride.

Notes

N.J. Admin. Code § 5:14A-6.3
Amended by R.2008 d.54, effective 3/3/2008.
See: 39 N.J.R. 2409(a), 40 N.J.R. 1082(a).
In (d)6, deleted "or" from the end; in (d)7, substituted a colon for the period at the end; and added (d)8 and (d)9.

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