N.J. Admin. Code § 11:16-7.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 11:16-7.9 - Penalties, restitution and costs

(a) Civil and administrative penalties may be imposed of not more than $ 5,000 for the first violation; $ 10,000 for the second violation; and $ 15,000 for each subsequent violation of any provision of N.J.S.A. 17:33A-1 et seq. and restitution may be ordered to any insurance company or other person who has suffered a loss as a result of a violation.

(b) For the purpose of applying N.J.S.A. 17:33A-5, each violation of a provision of N.J.S.A. 17:33A-4 in the course of a single claim or application for insurance constitutes a separate violation of the Fraud Act for which a separate civil and administrative penalty may be imposed in accordance with (a) above.

(c) After a hearing, if requested, as provided in N.J.A.C. 11:16-7.8 and upon finding that a violation has occurred, the Commissioner shall issue a final agency order assessing the costs of prosecution, including attorneys fees, in addition to the penalty referred to in (a) above.

(d) In any matter in which payment of a civil and administrative penalty is ordered, payment of the civil and administrative penalty shall be made not later than 10 days following service of the final agency order. Payment of an assessed civil and administrative penalty shall be by certified check or money order made payable to the Commissioner, New Jersey Department of Banking and Insurance by forwarding same to the BFD.

(e) In any matter in which payment of the costs of prosecution, including attorneys fees, are ordered, payment thereof shall be made not later than 10 days following service of the final agency order. Payment of the assessed costs of prosecution, including attorneys fees, shall be by certified check or money order made payable to the State of New Jersey, and forwarding same to the BFD.

(f) In any matter in which payment of restitution is ordered, payment thereof shall be made not later than 10 days following service of the final agency order. Payment of restitution shall be by certified check or money order made payable to the person named in the final agency order by forwarding same to the BFD.

(g) Any civil and administrative penalty imposed pursuant to N.J.A.C. 11:16-7.6, 7.7 or 7.9 may be collected with costs, including attorneys fees, in a summary proceeding pursuant to the penalty enforcement law, N.J.S.A. 2A:58-10 et seq. Any civil and administrative penalty collected pursuant to this subsection shall be applied in accordance with N.J.S.A. 17:33A-5e.

N.J. Admin. Code § 11:16-7.9

Amended by R.2009 d.354, effective 12/7/2009.
See: 41 N.J.R. 2630(a), 41 N.J.R. 4454(a).
Section was "Service of notice".