N.J. Admin. Code § 7:19-18.5

Current through Register Vol. 56, No. 18, September 16, 2024

Section 7:19-18.5 - Civil administrative penalties for failure to allow lawful entry and inspection

(a) The Department may, in its discretion, assess a civil administrative penalty of $ 5,000 against each violator who refuses, inhibits or prohibits immediate lawful entry and inspection of any premises, building or place by any authorized Department representative.

(b) Each day, from the initial day on which the violator refuses, inhibits or prohibits immediate lawful entry and inspection by any authorized Department representative up to and including the day on which the Department receives written notification from the violator that the violator will not refuse, inhibit or prohibit immediate lawful entry and inspection, shall constitute an additional, separate and distinct violation.

(c) The Department may, in its discretion, reduce a civil administrative penalty determined pursuant to (a) on the basis of any or a combination of the factors listed in (c)1 through 6 below. No such factor constitutes a defense to any violation:

1. The compliance history of the violator;

2. The number, frequency and severity of the violations;

3. The measures taken by the violator to prevent future violations;

4. The deterrent effect of the penalty;

5. The cooperation of the violator in correcting the violation and ensuring that the violation does not recur; and/or

6. Any other extenuating, mitigating or aggravating circumstances.

N.J. Admin. Code § 7:19-18.5

New Rule, R.1995, d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).