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Assembly Commerce and Economic Development Committee Statement to Assembly, No. 4753, Dated October 20, 2022

Summary

Statement of the Assembly Commerce and Economic Development Committee of the State of New Jersey, dated October 20, 2022, reporting Assembly Bill 4753 favorably. The bill would give a State agency discretion to suspend enforcement of any administrative fine or civil penalty against a business for certain first-time violations that do not significantly harm public safety or welfare. A business would be ineligible if the violation is criminal in nature, an intentional or knowing act, grounds for revoking or suspending its license, grounds for debarment from public works contracts, or a breach of a State employment or labor-related law. The business would have 60 calendar days to resolve the violation or face all available fines, and each agency would report annually on its website the infractions it waived in the prior calendar year.

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Full text

ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE

STATEMENT TO

ASSEMBLY,
No. 4753

STATE
OF NEW JERSEY

DATED: OCTOBER
20, 2022

The Assembly Commerce and Economic Development Committee
reports favorably Assembly Bill No. 4753.

This bill would provide a State agency with the
discretion to suspend enforcement of any administrative fine or civil penalty
against a business for certain first-time violations that do not or would not
result in a significant adverse impact to public safety or welfare. A business
would not be eligible for suspension of enforcement of a fine or penalty if the
violation is:

(1) of a criminal nature;

(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
Department of Labor and Workforce Development from engaging in or bidding on public
works contracts in New Jersey; or

(5) any State employment or labor-related law.

Under the bill, the business would have 60 calendar
days to address and resolve the violation or would be assessed all fines and
penalties available under the law upon the expiration of that term.

The bill provides that a State agency, department, or
authority is required to report, on an annual basis, any infractions it has
waived over the prior calendar year in a prominent manner that is accessible to
the public on its Internet website.

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