N.J. Admin. Code § 12:55-3.7

Current through Register Vol. 56, No. 11, June 3, 2024

Section 12:55-3.7 - Hearings

(a) When the Commissioner assesses an administrative penalty under N.J.A.C. 12:55-3.6, the employer shall have the right to a hearing under (b) below.

(b) No administrative penalty shall be levied pursuant to this subchapter, unless the Commissioner provides the alleged violator with written notification of the violation and the amount of the penalty and an opportunity to request a formal hearing.

(c) A request for formal hearing under (b) above must be received by the Department within 15 business days following receipt of the notice.

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

(e) All requests for hearings will be reviewed by the Division of Wage and Hour Compliance to determine if the dispute could be resolvable at an informal conference. If the review indicates that an informal settlement conference is warranted, such conference will be scheduled. If a settlement cannot be reached, the case will be forwarded to the Office of Administrative Law for a formal hearing.

(f) The Commissioner shall make the final decision of the Department.

(g) Appeals of the final decision of the Commissioner shall be made to the Appellate Division of the New Jersey Superior Court.

(h) Upon issuance of a final decision, the penalty imposed under this section may be recovered with costs and, if applicable, interest charges, in a summary proceeding pursuant to the Penalty Enforcement law, N.J.S.A. 2A:58-10et seq.

N.J. Admin. Code § 12:55-3.7

Adopted by 52 N.J.R. 1616(b), effective 8/17/2020