N.J. Admin. Code § 12:42-1.5

Current through Register Vol. 57, No. 1, January 6, 2025

Section 12:42-1.5 - Appeal of local level decisions to the State

(a) If a participant, local recipient or other interested persons affected by local Workforce Investment programs does not receive a decision at the local area level within 60 days of filing the complaint or if either party is dissatisfied with the local hearing decision, either party may appeal to the State.

1. A Notice of Appeal shall be filed within 30 days of receipt of the adverse decision or the date on which the complainant and respondent should have received a decision.

(b) Each appeal shall be submitted to:

New Jersey Department of Labor and Workforce Development

Director, Division of One-Stop Coordination and Support

Workforce New Jersey

PO Box 055

Trenton, New Jersey 08625-0055

(c) Along with the Notice of Appeal, the appellant shall simultaneously submit in writing the following information to the Director of the Division of One-Stop Coordination and Support:

1. The full name, address, and telephone number of person(s) making the complaint/grievance;

2. The full name and address of the respondent (if any) against whom the complaint or grievance was made;

3. A clear and concise statement of the facts of the grievance;

4. Pertinent dates, including the date on which the grievance was filed at the local level, the date of the alleged occurrence or act for which the complaint was filed and the date a written decision was issued or should have been issued;

5. If applicable, citations to the provisions of the WIA, the regulations promulgated in accordance therewith, or the agreements entered thereunder, which are believed to have been violated;

6. A statement disclosing other steps pursued at any level regarding the complaint/grievance in question; and

7. A copy of the local written decision if such was rendered.

(d) Upon receipt of the appeal and all pertinent information set forth in (c) above, the Commissioner shall either:

1. Within 30 days, issue a written decision accepting, rejecting or modifying the determination of the local area based upon a review of the written record, where there has been a hearing at the local level;

2. Within 30 days, issue a written decision remanding the grievance or complaint to the local level for further proceedings in accordance with N.J.A.C. 12:42-1.4; or

3. Within 10 days, transmit the matter to the Office of Administrative Law for hearing as a contested case pursuant to the Administrative Procedures Act (APA), N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

i. The hearing before the Office of Administrative Law shall be completed within 60 days of the date upon which the Commissioner received the appeal and all pertinent information set forth in (c) above.

ii. Upon transmittal of the matter to the Office of Administrative Law, the Commissioner shall inform the Office of Administrative Law of the date upon which the appeal and all pertinent information was received.

(e) The Commissioner's decision shall constitute the final administrative determination.

(f) Appeals to the Secretary of final Commissioner decisions under this section shall be made in accordance with Federal review procedures set forth at N.J.A.C. 12:42-1.8.

N.J. Admin. Code § 12:42-1.5

Amended by R.2007 d.278, effective 9/4/2007.
See: 39 N.J.R. 838(a), 39 N.J.R. 3743(a).
In (b), inserted "and Workforce Development"; and in (b) and (c), substituted "One-Stop Coordination and Support" for "Employment and Training".