New Jersey § 34:6a-41

§ 34:6a-41.

a. If the commissioner determines that an employer has violated a provision of this

act, or a safety standard or regulation promulgated under this act, if the commissioner receives a certification from the Commissioner of Health that

an employer violation has been determined to exist within the Commissioner of Health's

jurisdiction, or if the commissioner receives a report from the Department of Labor or the Department of Health, prepared as a result of the

investigation of the death or serious injury of one or more firefighters, which indicates

the existence of a violation of this act or of a safety standard promulgated under

this act, he shall with reasonable promptness , and in no case more than six months after his determination or the receipt of the

certificate or report, issue to the employer a written order to comply which shall describe the nature of

the violation, including a reference to the provision of the section, standard, regulation

or order alleged to have been violated, the sanction therefor, where appropriate,

and shall fix a reasonable time for compliance. b. If the commissioner issues to an employer an order to comply, the employer shall post

such order or a copy thereof at or near each location of the violation cited in the

order so that it is clearly visible to affected employees. The commissioner shall make such order available to employee representatives and

affected employees , and shall make the order available to the public upon request . c. If no notice of intent to contest any provision of the order is filed with the commissioner

by an employer, employee or employee representative within fifteen working days of

the issuance of an order to comply, the order shall be deemed final and not subject

to review by any court or agency. If, within fifteen working days of the issuance of an order to comply, any employer,

employee or employee representative files a notice with the commissioner of intent

to contest any provision of the order, the commissioner shall immediately advise the

Occupational Safety and Health Review Commission of the notification, and the commission

shall afford an opportunity for a hearing. The review commission shall thereafter issue an order, based on a finding of fact,

affirming, modifying, or vacating the commissioner's order to comply or the proposed

penalty, or directing other appropriate relief, and the order shall become final 45

days after its issuance. The rules of procedure prescribed by the review commission shall provide affected

employers, employees, or representatives of affected employees an opportunity to participate

as parties to hearings under this subsection. d. If the time for compliance with an order of the commissioner issued pursuant to this

section elapses, and the employer has not made a good faith effort to comply, the commissioner shall impose a civil administrative penalty of up to $7,000 per day

for each violation of a provision of P.L.1983, c. 516 ( C.34:6A-25 et seq. ), or of a standard or regulation promulgated under that act, or of an order to comply. Any employer who willfully or repeatedly violates the requirements of this section

or any standard, rule, order or regulation promulgated under that act shall be assessed

a civil administrative penalty of up to $70,000 for each violation. Penalties imposed under this section may be recovered with costs in a civil action commenced by the commissioner by a summary proceeding under “the

penalty enforcement law” ( N.J.S.2A:58-1 et seq. ) in the Superior Court or a municipal court, either of which shall have jurisdiction

to enforce “the penalty enforcement law” in connection with this act. If the violation is of a continuing nature, each day during which it continues after

the date given for compliance in accordance with the order of the commissioner shall constitute an additional separate and distinct offense. e. The commissioner is authorized to compromise and settle any claim for a penalty under

this section in such amount as, in the discretion of the commissioner, may appear

appropriate and equitable under all of the circumstances . In any claim involving investigations conducted by the Department of Health, the

commissioner shall make the determination as to the compromise or settlement of the

claim in consultation with the Commissioner of Health.