Statutes, codes, and regulations
New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRSChapter 17 - LEAD HAZARD EVALUATION AND ABATEMENT CODE
Subchapter 2 - CONTRACTOR CERTIFICATION
Section 5:17-2.6 - Civil penalties

N.J. Admin. Code § 5:17-2.6

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Current through Register Vol. 56, No. 23, December 2, 2024
Section 5:17-2.6 - Civil penalties
(a) No person shall, either knowingly or purposely:
1. Obstruct, hinder, delay or interfere by force or otherwise with the Department in the exercise of any power or the discharge of any function or duty pursuant to the provisions of sections 14 through 24 of P.L. 1993, c.288;
2. Prepare, utter or render any false statement, report, document, plan or specification permitted or required pursuant to sections 14 through 24 of P.L. 1993, c.288; or
3. Refuse or fail to comply with a ruling, action, order or notice of the Commissioner pursuant to sections 14 through 24 of P.L. 1993, c.288.
(b) Any person who shall violate any provision of (a) above shall be subject to a civil penalty not exceeding $ 1,000 for the first offense and not exceeding $ 5,000 for each subsequent offense. If the violation is of a continuing nature, each day that it continues shall constitute an additional and separate violation.
(c) A person shall be deemed to have violated or caused to be violated the provisions of sections 14 through 24 of P.L. 1993, c.288 if an officer, agent or employee under his or her control has violated or caused to be violated any such provision. If any such person is a corporation, all officers, directors and shareholders having at least a 10 percent interest shall be jointly and individually liable for any violation by the corporation.
(d) Pursuant to Section 24 of P.L. 1993, c.288, the Department of Community Affairs will delegate to the Department of Labor, through a Memorandum of Understanding to be entered into between the Departments, enforcement authority over business firms performing lead hazard abatement in buildings or structures that do not contain dwelling units. Interfering with the Department of Labor in the exercise of its enforcement authority under this agreement shall be deemed to be a violation of (a) above and shall carry the same penalties as described in (b) and (c) above.

N.J. Admin. Code § 5:17-2.6