NEW JERSEY
10)
Does the agency retain any fines for enforcement (i.e. an enforcement
fund)?
As an alternative to or in addition to any other
sanctions provided by law for violations of any provision of
P.L.1963, c. 150 (C. 34:11-56.25 et seq.), when the Commissioner
of Labor finds that an employer has violated that act, the commissioner
is authorized to assess and collect administrative penalties,
up to a maximum of $2,500 for a first violation and up to a
maximum of $5,000 for each subsequent violation, specified in
a schedule of penalties to be promulgated as a rule or regulation
by the commissioner in accordance with the "Administrative
Procedure Act,'' P.L.1968, c. 410 (C. 52:14B-1 et seq.). When
determining the amount of the penalty imposed because of a violation,
the commissioner shall consider factors which include the history
of previous violations by the employer, the seriousness of the
violation, the good faith of the employer and the size of the
employer's business. No administrative penalty shall be levied
pursuant to this section unless the Commissioner of Labor provides
the alleged violator with notification of the violation and
of the amount of the penalty by certified mail and an opportunity
to request a hearing before the commissioner or his designee
within 15 days following the receipt of the notice. If a hearing
is requested, the commissioner shall issue a final order upon
such hearing and a finding that a violation has occurred. If
no hearing is requested, the notice shall become a final order
upon expiration of the 15-day period. Payment of the penalty
is due when a final order is issued or when the notice becomes
a final order. Any penalty imposed pursuant to this section
may be recovered with costs in a summary proceeding commenced
by the commissioner pursuant to the "Penalty Enforcement
Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Any
sum collected as a fine or penalty pursuant to this section
shall be applied toward enforcement and administration costs
of the Division of Workplace Standards in the Department of
Labor.
*This information can be found 34:11-56.35
