N.J. Admin. Code § 12:4-3.3

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

Section 12:4-3.3 - Third offense-revocation of license(s)

(a) Where, at the conclusion of an audit conducted pursuant to N.J.A.C. 12:4-3.2(a)2, the Commissioner finds that the employer or any successor firm to the employer has failed to comply with the reporting or recordkeeping requirements of any State wage, benefit, or tax law, and has failed to pay wages, benefits, taxes, or other contributions or assessments as required by any State wage, benefit, or tax law, the Commissioner shall after providing the employer or successor firm with a "Notice of Intent to Direct the Revocation of a License" under (b) below, and after affording the employer or successor firm with an opportunity for a hearing in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., issue a written determination directing any appropriate agency to permanently revoke any one or more licenses that are held by the employer or successor firm.

(b) When the Commissioner seeks to direct the permanent revocation of an employer's license, the employer shall be furnished with a written notice indicating:

1. The Commissioner's intent to direct the permanent revocation of a license(s) held by the employer;

2. The license(s) sought to be permanently revoked;

3. The violations of State wage, benefit, or tax law upon which the Commissioner relies in support of his or her intent to direct the license revocation(s); and

4. That the employer shall have the right to appeal the license revocation(s) to the Commissioner within 15 days of receipt of the Notice of Intent to Direct the Revocation of a License.

(c) The Notice of Intent to Direct the Revocation of a License shall be mailed, by regular mail and return receipt requested, to a corporate officer of record, partner, individual proprietor, or other responsible person.

(d) If, after confirmation that the employer has been mailed the Notice of Intent to Direct the Revocation of a License, the employer has either failed to file a timely appeal or has expressly waived its right to appeal, the Commissioner shall issue a written determination directing any appropriate agency to permanently revoke any one or more licenses that are held by the employer or successor firm.

(e) All hearings conducted pursuant to this section shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(f) Upon receipt of a written determination of the Commissioner directing an agency to permanently revoke a license(s) pursuant to this section, and notwithstanding any other law or rule, the agency shall immediately suspend the license(s) of the employer as directed by the Commissioner.

N.J. Admin. Code § 12:4-3.3

Adopted by 51 N.J.R. 1463(a), effective 9/16/2019