New Jersey § 30:11-26

§ 30:11-26.

Any person, firm, partnership, corporation or association who shall operate or conduct

a convalescent home or private nursing home without first obtaining an administrator

licensed pursuant to the provisions of this act, or who shall operate such convalescent

home or private nursing home after denial, revocation or suspension of its administrator's

license shall be liable to a penalty of $50.00 for each day of operation in violation

hereof for the first offense, and for any subsequent offense shall be liable to a

penalty of $100.00 for each day in violation hereof. Any such penalty shall be sued for and collected in a summary proceeding instituted

by the Attorney General, at the request and in the name of the State Board of Control,

pursuant to the Penalty Enforcement law ( N.J.S. 2A:58-1, et seq. ). The State Board of Control, with the approval of the Attorney General, is hereby

authorized and empowered to compromise and settle claims for money penalties in appropriate

circumstances where it appears to the satisfaction of the board that payment of the

full penalty will work severe hardship on any individual not having sufficient financial

ability to pay the full penalty, but in no case shall the penalty be compromised for

a sum less than $200.00 for the first offense and $500.00 for the second and each

subsequent offense; provided, however, that any penalty of less than $200.00 or $500.00

as the case may be, may be compromised for a lesser sum. Money penalties when required shall be payable to the General State Fund. No money penalties provided for herein shall be required to be paid until the appellate

procedures provided for in the courts shall have been exhausted and then only if on

appeal, it is determined that the licensee was in violation of the provisions hereof

or the rules and regulations of the State Board of Control establishing minimum standards

for license. Money penalties assessed prior to the filing of an appeal to the appellate court

or courts shall be recoverable only to the extent that the appellate court or courts

affirms the decision of the department in the first instance.