34:11-56.83 Violations relative to performance of duties by the commissioner.
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7. a. Any waterfront employer who willfully hinders or delays the commissioner in the performance of his duties in the enforcement of this act, or who fails to make, keep, and preserve any records as required under the provisions of this act, or falsifies any such record, or refuses to make any such record accessible to the commissioner upon demand, or refuses to furnish a sworn statement of such record or any other information required for the proper enforcement of this act to the commissioner upon demand, or pays or agrees to pay wages at a rate less than the rate applicable under this act, or, during the time that the waterfront employer is included on the debarment list established by the commissioner pursuant to section 9 of this act, employs longshoremen at a waterfront facility, or who discriminates against a longshoreman in violation of section 11 of this act, or otherwise violates any provision of this act or of any regulation or order issued under this act, shall have violated the provisions of this act and be guilty of a disorderly persons offense and shall, upon conviction therefor, be fined not less than $1,000 nor more than $2,500 or be imprisoned for not less than 10 nor more than 90 days, or by both such fine and imprisonment.
Each week, in which there is a day in which the waterfront employer employs longshoremen while on the debarment list or in which a longshoreman is paid less than the rate applicable under this act and each longshoreman so paid, shall constitute a separate offense. Such fines shall be in addition to the payment of any wage deficiencies.
b. As an alternative to, or in addition to, any other sanctions provided by law for violations of any provision of this act, when the commissioner finds that an waterfront employer has violated that act, the commissioner is authorized to assess and collect administrative penalties, up to a maximum of $2,500 for a first violation and up to a maximum of $5,000 for each subsequent violation, specified in a schedule of penalties to be promulgated as a rule or regulation by the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
When determining the amount of the penalty imposed because of a violation, the commissioner shall consider factors which include the history of previous violations by the waterfront employer, the seriousness of the violation, the good faith of the waterfront employer and the size of the waterfront employer's business. No administrative penalty shall be levied pursuant to this section unless the commissioner provides the alleged violator with notification of the violation and of the amount of the penalty by certified mail and an opportunity to request a hearing before the commissioner or his designee within 15 days following the receipt of the notice.
If a hearing is requested, the commissioner shall issue a final order upon such hearing and a finding that a violation has occurred. If no hearing is requested, the notice shall become a final order upon expiration of the 15-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. Any penalty imposed pursuant to this section may be recovered with costs in a summary proceeding commenced by the commissioner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
Any sum collected as a fine or penalty pursuant to this section shall be applied toward enforcement and administration costs of the division.
c. When the commissioner finds that the waterfront employer has violated provisions of this act, the commissioner may refer the matter to the Attorney General or his designee for criminal investigation and prosecution. Nothing in this subsection shall be deemed to limit the authority of the Attorney General to investigate and prosecute violations of the New Jersey Code of Criminal Justice, nor to limit the commissioner's ability to refer any matter for criminal investigation or prosecution.
L. 2021, c.336, s.7.