N.J. Admin. Code § 12:120-4.8

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:120-4.8 - Suspension or revocation of employer license

(a) Any employer may have his license suspended or revoked for:

1. Incompetence;

2. Negligence;

3. Failure to comply with contract specifications; or

4. Any violation of the Asbestos Control and Licensing Act, 34:5A-32 et seq. or this chapter.

(b) Any employer shall have his or her license suspended or revoked for:

1. Loaning, abandoning, or allowing the license to pass from his personal control;

2. Debarment under the Act or any other State law;

3. Any valid reason establishing that the licensee is unfit to hold a license;

4. Any good cause within the meaning and purposes of the Act;

5. Any violation of N.J.A.C. 12:120 and 8:60 found to be of an extreme nature, taking into account the considerations, where appropriate, specified at 8:60-3.5(c) and 12:120-3.5(c); or

6. Any violation of an administrative order lawfully issued by the Commissioner of Labor and Workforce Development or the Commissioner of Health, as the case may be.

(c) Any employer who has his license suspended or revoked pursuant to this section shall not perform asbestos work, including any work which is in progress, any work for which bids are in, or any work which has been contracted for until such license is restored by the Department.

(d) The Commissioner shall suspend a license for violations of this section of this subchapter provided that:

1. Written or oral notice of the violations is provided to the employer; and

2. The employer has the opportunity to respond to the charges.

(e) All employer licenses shall expire one year from the date of issuance.

(f) A license shall be automatically cancelled on the date of its expiration. Any person performing the duties of a licensee and holding an expired license shall be subject to the penalty provisions of the Act.

(g) Any person using fraudulent means to obtain a license shall be subject to prosecution under the Act. Any license acquired through such means shall be invalid.

(h) In all cases where the Commissioner of Labor and Workforce Development proposes to revoke or suspend a license, or denies an application for a license, the employer shall have the right to an informal conference or formal hearing, or both, pursuant to N.J.A.C. 12:120-8.

N.J. Admin. Code § 12:120-4.8

Amended by 50 N.J.R. 1149(a), effective 4/16/2018