N.J. Admin. Code § 12:120-4.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 12:120-4.3 - Application for license

(a) The application for an employer license shall be made on forms provided by the Division of Public Safety and Occupational Safety and Health.

(b) The application for an employer license shall be typewritten or neatly and legibly printed in ink.

(c) All applications shall be carefully completed.

(d) Where applicable, applicants shall furnish evidence of applicable full time asbestos work experience as an employer. This experience shall have been completed within five years of the filing of the application. This experience shall be listed by job name, location, time involved, and cost of the contract.

(e) No license shall be granted to an employer:

1. If the employer is less than 21 years of age;

2. If the employer has been found to be in non-compliance with 12:120-3.2 and 8:60-3.2; or

3. If the employer is unable or unwilling to comply with 12:120-4.4 and 8:60-4.4 within one year of the date of receipt of the application by the Division of Public Safety and Occupational Safety and Health.

(f) All correspondence relative to applications for licenses shall be addressed to the Division of Public Safety and Occupational Safety and Health.

(g) The Division of Public Safety and Occupational Safety and Health shall be notified by the employer of any change of business and/or home residence. When writing, the license number shall be specified.

(h) The application fee for an annual license shall be $ 2,000. The fee for the issuance of a duplicate license shall be $ 200.00. The Commissioner may, by amendment to this section, reduce these fees based on a decrease in program costs.

(i) The application fee for an annual license shall accompany the application and is nonrefundable.

(j) The application fee for a license shall be paid by certified check or money order made payable to the Commissioner of Labor and Workforce Development.

(k) No liability shall be assumed by the Division of Public Safety and Occupational Safety and Health for loss in the transmission of the application fee.

(l) Applicants denied licenses shall not be permitted to resubmit an application for one year from the date of the denial of the application.

(m) Upon written request from the applicant, the Commissioner of Labor and Workforce Development may, at his or her discretion, waive the fees for licensing identified in (h) above.

1. The written request for waiver must identify that the applicant will suffer significant economic or financial hardship if the waiver is not granted.

i. The economic or financial hardship which will be suffered may not be the result of losses incurred by the applicant as a result of Federal, State or other governmental administrative disciplinary or regulatory action.

2. The granting of a waiver from the fees for licensing shall have no bearing on the applicant's eligibility for a license.

N.J. Admin. Code § 12:120-4.3

Amended by R.1986 d.149, effective 5/5/1986.
See: 18 N.J.R. 156(a), 18 N.J.R. 986(a).
Fee raised from $ 100.00 to $ 200.00.
Amended by R.1990 d.278, effective 6/4/1990.
See: 22 N.J.R. 736(a), 22 N.J.R. 1773(a).
Added new (a) and relettered (a)-(c) as (b)-(d). Deleted (d)-(f) and relettered (g)-(m) as new (f)-(k). Added new ( l).
In new (d): added phrase "asbestos work" before experience.
In new (e): raised age from 18 to 21 years.
In new (h), (i) and (j): added biennial and nonrefundable for application fee in (i).
Amended by R.1995 d.193, effective 4/3/1995.
See: 27 N.J.R. 71(a), 27 N.J.R. 1465(a).
Amended by R.2005 d.415, effective 11/21/2005.
See: 37 N.J.R. 1933(a), 37 N.J.R. 4439(a).
Added "and Workforce Development" to (j) and the introductory paragraph of (m).
Amended by R.2008 d.185, effective 7/7/2008.
See: 39 N.J.R. 5172(a), 40 N.J.R. 4219(a).
In (h), substituted "$ 2,000" for "$ 1,000" and "$ 200.00" for "$ 100.00".