N.J. Admin. Code § 13:20-44.20 - Additional penalties; schedule of penalties

(a) Where, pursuant to 39:8-1 et seq., or any regulation adopted thereunder, the Chief Administrator has the authority to suspend, revoke or refuse to grant or renew the license of a private inspection facility, the Chief Administrator shall also have the authority to impose, as an alternative or in addition to such suspension, revocation or refusal to grant or renew, an official warning.

(b) The following penalty schedule shall apply to private inspection facilities that violate P.L. 1995, c. 112, 39:8-1 et seq., N.J.A.C. 13:20-33, or this subchapter.

1. For intentionally or willfully improperly passing a motor vehicle for any required portion of the emission test or OBD inspection in violation of rules or procedural requirements:

i.	Six month license suspension; plus $ 1,000.00	first violation
civil penalty
ii.	Two year license suspension; plus $ 5,000.00	second violation
civil penalty
iii.	Lifetime license revocation; plus $ 7,500.00	third violation
civil penalty

2. For gross negligence in passing a motor vehicle for any required portion of the emission test or OBD inspection in violation of rules or procedural requirements:

i.	Six month license suspension; plus $ 500.00	first violation
civil penalty
ii.	One year license suspension; plus $ 1,000.00	second violation
civil penalty
iii.	Two year license suspension; plus $ 2,000.00	third violation
civil penalty
iv.	Lifetime license revocation; plus $ 5,000.00	fourth violation
civil penalty

3. For simple negligence in passing a motor vehicle for any required portion of the emission test or OBD inspection in violation of rules or procedural requirements:

i.	Six month license suspension; plus $ 500.00	first violation
civil penalty
ii.	Six month license suspension; plus $ 500.00	second violation
civil penalty
iii.	One year license suspension; plus $ 750.00	third violation
civil penalty
iv.	One year license suspension; plus $ 750.00	fourth violation
civil penalty
v.	Two year license suspension; plus $ 1,000.00	fifth and
civil penalty	subsequent violations

4. For misrepresentation on application (fraud or misrepresentation in securing the license):

i. Three-year license denial

5. For fraudulently affixing a certificate of approval or rejection sticker:

i.	Immediate two-year license suspension; plus $	first violation
500.00 civil penalty
ii.	Immediate four-year license suspension; plus $	second violation
1,000.00 civil penalty
iii.	Lifetime license revocation; plus $ 2,000.00	third violation
civil penalty

6. For fraud or misrepresentation in the conduct of the licensed activity:

i.	Immediate two-year license suspension	first violation
ii.	Immediate four-year license suspension	second violation
iii.	Lifetime license revocation	third violation

7. For issuance or possession of an altered, forged, stolen or counterfeit certificate of approval or rejection sticker:

i.	Two-year license suspension	first violation
ii.	Four-year license suspension	second violation
iii.	Lifetime license revocation	third violation

8. For furnishing, lending, giving or selling a certificate of approval or rejection sticker without performing the required inspection or reinspection:

i.	Two-year license suspension	first violation
ii.	Four-year license suspension	second and
subsequent violations

9. For failing to produce inspection records:

i. Immediate license suspension until compliance

10. For an unlicensed person performing an emission test or OBD inspection:

i.	Four-month license suspension	first violation
ii.	Six-month license suspension	second violation
iii.	One-year license suspension	third and
subsequent violations

11. For fraudulent recordkeeping:

i.	Immediate two-year license suspension	first violation
ii.	Immediate four-year license suspension	second violation
iii.	Lifetime license revocation	third violation

12. For improper recordkeeping:

i.	One-month license suspension	first violation
ii.	Two-month license suspension	second violation
iii.	Six-month license suspension	third and
subsequent violations

13. For certifying a motor vehicle that does not meet State safety equipment standards:

i.	Six-month license suspension; plus $ 500.00	first violation
civil penalty
ii.	Six-month license suspension; plus $ 750.00	second violation
civil penalty
iii.	One-year license suspension; plus $ 1,000 civil	third and
penalty	subsequent violations

14. For improper security of certificates of approval and/or rejection stickers:

i.	Written warning	first violation
ii.	Two-month license suspension	second violation
iii.	Six-month license suspension	third and
subsequent violations

15. For lost or stolen certificates of approval, and/or rejection stickers for which the licensee does not properly account. A licensee can "properly account" for such documents by demonstrating, to the satisfaction of the Chief Administrator, that they were lost or stolen under circumstances beyond the reasonable control of the licensee:

i.	One-month license suspension; plus $ 100.00	first violation
civil penalty per certificate
ii.	Two-month license suspension plus $ 250.00	second violation
civil penalty per certificate
iii.	One-year license suspension plus $ 500.00 civil	third and
penalty per certificate	subsequent violations

16. For overcharging on inspection/reinspection:

i.	Written warning	first violation
ii.	30-day license suspension	second violation
iii.	60-day license suspension	third and
subsequent violations

17. For failing to maintain insurance coverage:

i. Minimum 15-day license suspension and until compliance

18. For failure to provide a motor vehicle inspection report, repair order, invoice, and/or Emission Repair Facility list to a customer:

i.	30-day license suspension	first violation
ii.	60-day license suspension	second violation
iii.	One-year license suspension	third and
subsequent violations

19. For failure to post license:

i.	Written warning	first violation
ii.	20-day license suspension	second violation
iii.	Two-month license suspension	third and
subsequent violations

20. For failure to post outdoor sign:

i.	Written warning	first violation
ii.	20-day license suspension	second violation
iii.	Two-month license suspension	third and
subsequent violations

21. For failure to post hourly rate and/or inspection fees:

i.	Written warning	first violation
ii.	20-day license suspension	second violation
iii.	Two-month license suspension	third and
subsequent violations

22. For failure to pay fee(s):

i. License suspension until compliance

23. For criminal conviction which is disqualifying:

i. Indefinite license denial/suspension

license issuance/restoration predicated on standards set forth in the Rehabilitated Convicted Offenders Act (2A:168A-1 et seq.).

24. For failing to cooperate with an audit or investigation:

i.	Minimum 15-day license suspension and until
compliance

Notes

N.J. Admin. Code § 13:20-44.20

Amended by R.2001 d.358, effective 10/15/2001.
See: 33 N.J.R. 1894(a), 33 N.J.R. 3651(b).
In (b), inserted N.J.A.C reference following c.112 in the introductory paragraph and rewrote 18.
Amended by R.2003 d.206, effective 5/19/2003.
See: 34 N.J.R. 2523(a), 35 N.J.R. 2251(b).
In (b), inserted "motor" preceding "vehicle" and "or OBD inspection" following "emission test" throughout, rewrote 10.
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Chief Administrator" for "Director" throughout; and in (b)15, deleted "certificates of waiver".
Amended by R.2009 d.312, effective 10/19/2009.
See: 41 N.J.R. 1674(a), 41 N.J.R. 3939(b).
In the introductory paragraph of (b), inserted "N.J.S.A. 39:8-1 et seq.,"; in the introductory paragraph of (b)5, inserted "a" and substituted "rejection sticker" for "certificate of waiver"; in the introductory paragraph of (b)7, inserted "an" and deleted a comma following "stolen" and ", certificate of waiver" following "approval"; in the introductory paragraph of (b)8, deleted ", certificate of waiver" following "approval"; in the introductory paragraph of (b)13, inserted "motor" and "equipment" and deleted "equipment" following "State"; in (b)13i, inserted "; plus $ 500.00 civil penalty"; in (b)13ii, inserted "; plus $ 750.00 civil penalty"; in (b)13iii, inserted "; plus $ 1,000 civil penalty"; in the introductory paragraph of (b)14, deleted ", certificates of waiver" following "approval"; and added (b)24.