N.J. Admin. Code § 12:35-2.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:35-2.3 - Complaint procedures: Non-State service employees

(a) Any non-State employee who believes he or she has been adversely affected by a violation of N.J.A.C. 12:35-2.1, or his or her duly authorized union representative, may file a complaint with the Assistant Commissioner.

1. The complaint shall be filed within 30 days of either the Work First/FSETP participant's placement or use at the workplace or, the date on which the complainant should reasonably have known of his or her placement use or 30 days of when the alleged violation of N.J.A.C. 12:35-2.1 occurred.

2. The complaint shall be made in writing and specify the basis for the complaint.

3. Each party shall serve copies of the complaint and any supplemental material submitted on the other party.

4. A copy of the complaint shall be forwarded to the Division of Family Development within the Department of Human Services.

5. A party may review the file at the offices of the Division of One-Stop Programs and Services during regular business hours.

(b) The Assistant Commissioner shall investigate the complaint and render a written decision as to the appropriateness of the Work First/FSETP participant's placement or use at the workplace within 10 days of receipt of the complaint.

1. If the Assistant Commissioner determines that the placement or use of the Work First/FSETP participant violates N.J.A.C. 12:35-2.1, he or she shall notify the agency responsible for placement that the placement or use is not appropriate and that the participant should be immediately removed from the position.

2. The decision of the Assistant Commissioner shall advise the parties of the right to appeal to the New Jersey State Board of Mediation for an expedited binding arbitration.

(c) A complainant or his or her duly authorized union representative may appeal the final decision of the Assistant Commissioner to the Board of Mediation within 10 days of receipt of the decision.

1. Upon receipt of an appeal, the Board of Mediation shall provide expedited binding arbitration in accordance with its rules at N.J.A.C. 12:105.

2. The arbitrator shall determine whether a violation of N.J.A.C. 12:35-6.1 has occurred and, if so, the arbitrator shall provide an appropriate legal remedy.

3. The cost of the arbitration shall be shared equally by both parties.

N.J. Admin. Code § 12:35-2.3

Amended by R.1998 d.65, effective 1/20/1998.
See: 29 N.J.R. 4622(a), 30 N.J.R. 371(a).
In (a)1, added 30 day period in reference to N.J.A.C. 12:35-2.1; and in (c), inserted a reference to duly authorized union representatives.
Amended by R.2000 d.281, effective 7/3/2000.
See: 32 N.J.R. 1281(a), 32 N.J.R. 2442(b).
Rewrote the section.
Amended by R.2005 d.429, effective 12/5/2005.
See: 37 N.J.R. 2605(a), 37 N.J.R. 4557(a).
In the introductory paragraphs of (a) and (c) and throughout (b), substituted "Deputy Assistant Commissioner, Division of One-Stop Programs and Services" for "Director, Division of Employment and Training"; added "and Workforce Development" following "Department of Labor" to the introductory paragraph of (a); in (a)5 substituted "One-Stop Programs and Services" for "Employment and Training."
Amended by R.2011 d.142, effective 5/16/2011.
See: 42 N.J.R. 3043(a), 43 N.J.R. 1260(a).
In the introductory paragraph of (a), substituted "Assistant Commissioner" for "Deputy Assistant Commissioner, Division of One-Stop Programs and Services, within the Department of Labor and Workforce Development"; in the introductory paragraph of (b) and in (b)1 and (b)2, substituted "Assistant Commissioner" for "Deputy Assistant Commissioner, Division of One-Stop Programs and Services, or his or her designee,"; and in the introductory paragraph of (c), substituted "Assistant Commissioner" for "Deputy Assistant Commissioner, Division of One-Stop Programs and Services".