N.J. Admin. Code § 12:121-8.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:121-8.1 - Hearings

(a) No penalty shall be collected pursuant to 12:121-7.3 unless the person cited is first provided with:

1. Notification of the violation;

2. The amount of the penalty to be imposed; and

3. An opportunity to request a formal hearing.

(b) A request for a formal hearing shall be made in writing and be received by the Department within 21 calendar days following receipt of the notice of violation. The person cited may request the initiation of a settlement conference at the time that the request for a formal hearing is made.

1. If a settlement conference is requested and/or the Department determines that a settlement conference would be useful, the settlement conference shall be scheduled and conducted by the Department within a time frame specified by the Commissioner.

2. The Commissioner, in his or her discretion, is authorized and empowered to compromise and settle any claim for a penalty under the Act for any amount that appears appropriate and equitable under all of the circumstances.

(c) All hearings shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(d) If an informal settlement conference or hearing is not requested, the notice of violation shall become a final order of the Commissioner upon expiration of the 21-day period following the receipt thereof.

(e) If a settlement is not agreed upon, any request for a formal hearing shall be transmitted to the Office of Administrative Law (OAL).

(f) Payment of the penalty shall be due when a final agency determination is issued in writing or when a notification becomes a final decision because no appeal has been requested.

1. All payments shall be made payable to the Department of Labor and Workforce Development in the form of a certified check or money order, or other such form as the Department deems suitable.

2. Payments shall be submitted to:

New Jersey Department of Labor and Workforce Development

Division of Public Safety and Occupational Safety and Health

Office of Public Safety Compliance

1 John Fitch Plaza, 3rd Floor

PO Box 386

Trenton, NJ 08625-0386

(g) Upon entry of a final order, the penalty imposed may be recovered with costs in a summary proceeding commenced by the Commissioner pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (2A:58-10 et seq.)

N.J. Admin. Code § 12:121-8.1