New Jersey § 52:14b-10

§ 52:14b-10.

a. A State agency, department, or authority, in its sole discretion, may suspend enforcement

of any monetary fine or civil penalty, for a period of 60 calendar days, that would

otherwise be imposed on a business for a first-time violation that does not or would

not result in a significant adverse impact to the public safety or welfare, result

in loss of income or benefits to an employee, or present the risk of environmental

harm. This section shall not apply to any violation where the violation is: (1) of a criminal nature or where failure to impose a fine or penalty would impede

or interfere with the detection of criminal activity; (2) an intentional or knowing act; (3) grounds for the revocation or suspension of the license, certification, good standing,

or other authorization to operate the business; (4) grounds for the business to be debarred by the Department of Labor and Workforce

Development from engaging in or bidding on public works contracts in New Jersey; (5) any State employment or labor-related law; (6) grounds for issuance of a stop-work order; or (7) related to a program that has been delegated to the State from the federal government,

the violation is a failure to comply with a federal requirement, and federal regulations

mandate the imposition of a fine or civil penalty. A business shall address and resolve the violation during the 60-calendar day cure

period or shall be assessed all fines and penalties available under the law upon the

expiration of that term. b. Following notification from a State agency, department, or authority that the agency,

department, or authority has decided, in its sole discretion, to suspend enforcement

pursuant to subsection a. of this section, the 60-calendar day cure period provided

by subsection a. of this act shall run from the date on which the business receives

notification of the violation in writing from the State agency. c. Starting on January 1 of the year next following the effective date of P.L.2023, c. 28 ( C.52:14B-10.2 ), 1 a State agency, department, or authority shall report, on an annual basis, any infractions

it has waived over the prior calendar year in accordance with P.L.2023, c. 28 ( C.52:14B-10.2 ), in a prominent manner that is accessible to the public on its Internet website. d. A State agency, department, or authority shall adopt rules and regulations pursuant

to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), as may be needed to effectuate this act. e. As used in this section: “ Business ” means a business entity that employs not more than 50 full-time employees or the

equivalent thereof. “ State employment or labor-related law ” includes, but is not limited to: (1) P.L.1965, c. 173 ( C.34:11-4.1 et seq. ); (2) The “New Jersey Prevailing Wage Act,” P.L.1963, c. 150 ( C.34:11-56.25 et seq. ); (3) The “New Jersey State Wage and Hour Law,” P.L.1966, c. 113 ( C.34:11-56a et seq. ); (4) The workers' compensation law, R.S.34:15-1 et seq. ; (5) The “unemployment compensation law,” R.S.43:21-1 et seq. ; (6) The “Temporary Disability Benefits Law,” P.L.1948, c. 110 ( C.43:21-25 et al.); (7) P.L.2008, c. 17 ( C.43:21-39.1 et al.); (8) The “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. ; or (9) P.L.2018, c. 10 ( C.34:11D-1 et seq. ). 1

L.2023, c. 28, eff. June 19, 2023.