N.J. Admin. Code § 12:110-4.8

Current through Register Vol. 56, No. 12, June 17, 2024

Section 12:110-4.8 - Inspection not warranted and informal review

(a) If the Commissioner, Commissioner of Health, or their designees, determine that an inspection is not warranted because there are no reasonable grounds to believe that a violation or danger exists with respect to a complaint pursuant to N.J.A.C. 12:110-4.7, the complaining party shall be notified, in writing, of such determination.

1. The complaining party may obtain review of such determination by submitting a written statement of position to the Commissioner of Labor and Workforce Development and, unless the complaining party elects anonymity, providing the employer with a copy of such statement by certified mail.

2. When notified of the request by the complaining party or the Department of Labor and Workforce Development, the employer may submit an opposing written statement of position to the Commissioner and, at the same time, unless the complaining party has elected anonymity, provide the complaining party with a copy of such statement by certified mail.

3. The complaining party or the employer may request an informal conference to attempt to resolve the dispute. If a party requests an informal conference or the Department of Labor and Workforce Development determines that an informal conference would be useful and not violative of a request for anonymity, an informal conference shall be scheduled and conducted by the Department of Labor and Workforce Development within 30 days of receipt of the request or appeal. The Department of Health shall be consulted when the matter under review involves a determination from the Department of Health.

4. After considering all views presented, the Commissioner shall affirm, modify, or reverse the determination and furnish the complaining party and the employer written notification of his or her decision and the reasons therefor. The decision of the Commissioner shall be final and not subjected to further review.

(b) If the Commissioner or the Commissioner of Health determines that an inspection is not warranted because the requirements at N.J.A.C. 12:110-4.7(a) have not been met, he or she shall notify the complaining party, in writing, of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements at N.J.A.C. 12:110-4.7(a).

(c) All procedures described in this section involving health issues shall be conducted in consultation with the Commissioner of Health.

N.J. Admin. Code § 12:110-4.8

Recodified from N.J.A.C. 12:110-4.9 and amended by R.1998 d.33, effective 1/5/1998.
See: 29 N.J.R. 4440(a), 30 N.J.R. 80(a).
Rewrote (a)3; and deleted (d).
Amended by R.2008 d.302, effective 10/6/2008.
See: 40 N.J.R. 2409(a), 40 N.J.R. 5816(a).
In the introductory paragraph of (a), substituted "designees determine" for "designee determines"; and in (a)1 through (a)3, inserted "and Workforce Development" throughout.

Amended by 55 N.J.R. 309(a), effective 2/21/2023