Violations, fines

4. 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 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 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 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.