N.J. Admin. Code § 12:110-6.7

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

Section 12:110-6.7 - Modification or revocation of orders

(a) An affected employer or an affected employee, group of employees, or employee representative, may apply, in writing, to the Commissioner for a modification or revocation of an order for a permanent variance any time after six months from its issuance. The application shall contain:

1. The name and address of the applicant;

2. Identification of the order from which relief is sought;

3. A description of the relief which is sought;

4. A statement setting forth with particularity the grounds for relief;

5. If the applicant is an employer, a certification that the applicant has informed his or her affected employees of the application by:

i. Giving a copy thereof to their employee representative where one exists;

ii. Posting at the place where notices to employees are normally posted, a statement giving a summary of the application and specifying where a copy of the full application may be examined (or, in lieu of the summary, posting the application itself);

iii. In the event that an employer has an internet site or intranet site for exclusive use by its employees and to which all employees have access, posting of the application on the employer's internet or intranet site shall satisfy the conspicuous posting requirement set forth at (a)5ii above; or

iv. Providing the application to an employee representative through email shall satisfy the requirement at (a)5i above, that the employer give a copy of the application to each affected employee's employee representative where one exists.

6. If the applicant is an affected employee, a certification that a copy of the application has been furnished to the employer.

(b) The Commissioner may, on his or her own motion, proceed to modify or revoke an order for a permanent variance at any time after six months from its issuance. In such event, the Commissioner shall cause to be published a notice of his or her intention, affording interested persons an opportunity to submit written data, views, or arguments regarding the proposal and informing the affected employer and employees of their right to request a hearing, and shall take such other action as may be appropriate to give actual notice to affected employees. The request for a hearing shall include a short statement of:

1. How the proposed modification or revocation would affect the requesting party; and

2. What the requesting party would seek to show on the subjects or issues involved.

(c) Any final order issued under 34:6A-39 may be renewed or extended as permitted by the applicable section and in the manner prescribed for its issuance.

N.J. Admin. Code § 12:110-6.7

Amended by R.1998 d.33, effective 1/5/1998.
See: 29 New Jersey Register 4440(a), 30 New Jersey Register 80(a).

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