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Current as of January 01, 2024 | Updated by Findlaw Staff
a. If an entity fails to comply with any requirements of section 2 or 3 of P.L.2023, c. 293 (C.48:3-123 or C.48:3-124), the entity may be subject to a fine, as set forth in this section, which fine shall be enforced by the board.
b. Before an entity may be subject to a fine under this section, the board shall provide the entity with written notice of the alleged violation. Within 30 calendar days of receiving the notice, the entity shall be permitted to cure the alleged violation or demonstrate that the entity has not violated the requirements of section 2 or 3 of P.L.2023, c. 293 (C.48:3-123 or C.48:3-124).
c. If within 30 calendar days of receiving the notice, the entity fails to cure the alleged violation or fails to demonstrate that the entity has not violated the requirements of section 2 or 3 of P.L.2023, c. 293 (C.48:3-123 or C.48:3-124), the board may impose a maximum aggregate fine of $500 for each day in which the violation exists, beginning on the 31st calendar day after the submission of the written notice. In determining whether to impose a fine and, if appropriate, in determining the amount of the fine, the board may consider the following factors:
(1) the nature, circumstances, and magnitude of the violations;
(2) the entity's history of prior violations during the prior three-year period;
(3) any good faith efforts by the entity to cure the violation within a reasonable time period following notice; and
(4) any other considerations that the board may deem appropriate.
Cite this article: FindLaw.com - New Jersey Statutes Title 48. Public Utilities 48 § 3-125 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-48-public-utilities/nj-st-sect-48-3-125/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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