20. a. The commissioner is authorized, as an alternative to or in addition to any other sanctions or remedies provided by this act, to take the actions indicated in subsection b. of this section if a waterfront employer:

(1) Willfully hinders or delays the commissioner in the performance of his duties under this act;

(2) Fails to make, keep and preserve any records required under the provisions of this act;

(3) Falsifies any required record, or refuses to make it accessible to the commissioner upon demand;

(4) Refuses to furnish a sworn statement of any records or other information required for the enforcement of this act to the commissioner on demand;

(5) Pays or agrees to pay wages at a rate less than the rate prescribed under this act; or

(6) Otherwise violates any provision of this act.

b. The commissioner may, after providing the waterfront employer with notice of the alleged violation and an opportunity to request a hearing before the commissioner or his designee:

(1) Deny renewal, revoke or suspend the registration of a waterfront employer for a period of not more than five years; or

(2) Require a waterfront employer, as a condition of initial or continued registration, to provide a surety bond payable to the State. The surety bond shall be for the benefit of workers damaged by any failure of a waterfront employer to pay wages or benefits pursuant to or otherwise comply with the provisions of this act. The surety bond shall be in the amount and form that the Commissioner deems necessary for the protection of the waterfront employer’s workers, but shall not exceed $10,000 per worker. The surety bond shall be issued by surety that meets the requirements of N.J.S. 2A:44-143

c. The commissioner is authorized and empowered to prescribe, adopt, promulgate, rescind and enforce rules and regulations as may be required for the administration and enforcement of the provisions of this act.

L. 2021, c.336, s.20.