§§1-3 -

C.2A:58-10

to 2A:58-12

§4 - Repealer

§5 - Note to §§1-4

P.L. 1999, CHAPTER 274, approved November 24, 1999

Senate, No. 1063 (Second Reprint)

An Act concerning the enforcement of civil penalties in certain cases, supplementing Title 2A of the New Jersey Statutes and repealing N.J.S.2A:58-1 through N.J.S.2A:58-9.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. If an administrative agency of the State has assessed a fixed amount of money as a civil penalty or award after the person against whom the penalty or award was ordered was afforded an opportunity for a hearing pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), at the request of the agency the Clerk of the Superior Court or the Clerk of the Superior Court, Law Division, Special Civil Part shall record the final order assessing the penalty or award on the judgment docket of the court.

b. The final order of the agency recorded on the judgment docket of the court thereafter shall have the same effect as a judgment of the court.

2. a. If a statute or ordinance allows a court action to impose a civil penalty or a penalty has been imposed that may not be enforced pursuant to section 1 of this act, an action to impose a penalty shall be brought as provided by this section.

b. The action may be brought in the Superior Court. If the statute that establishes the civil penalty provides that the action may be brought in a municipal court, the action may be brought in any municipal court that has territorial jurisdiction over the action ²[¹if the penalty is less than $1,000.00¹] ² or in the Superior Court.

c. The court shall decide the case in a summary manner without a jury unless otherwise provided in the statute imposing the penalty. The court shall hear testimony on any factual issues, and if it finds that the violation occurred, shall impose a penalty as provided by the statute. ¹The defendant shall not be precluded from contesting the amount of the penalty.¹

d. Unless precluded by the statute imposing the penalty, informal disposition may be made of any case by stipulation, agreed settlement, or consent order. Payment of a penalty pursuant to an informal disposition shall be considered a prior violation for the purpose of determining subsequent offender status.

e. An action in Superior Court to impose a civil penalty may be joined with an action brought to restrain related violations.

f. If a judgment for a civil penalty is rendered against a defendant, payment shall be made to the court and shall be remitted to the State Treasurer of New Jersey, unless other disposition is provided for in the statute imposing the penalty.

3. This chapter shall be known as the "Penalty Enforcement Law of ²[1998]1999 ²." References to the "penalty enforcement law" which this law replaces shall be treated as references to this law.

4. N.J.S.2A:58-1 through N.J.S.2A:58-9 are repealed.

5. This act shall take effect 30 days following enactment.

Establishes new civil penalty enforcement act.