N.J. Admin. Code § 12:56-1.6

Current through Register Vol. 56, No. 7, April 1, 2024

Section 12:56-1.6 - Hearings

(a) When the Commissioner assesses an administrative penalty under 12:56-1.3, 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 notification by certified mail of the violation and the amount of the penalty and an opportunity to request a formal hearing. A request for formal hearing must be received within 15 business days following the receipt of the notice. All hearings shall be heard pursuant to the Administrative Procedures Act, 52:14B-1 et seq. and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1.

(c) All requests for hearing will be reviewed by the Division of Wage and Hour Compliance to determine if the reason for dispute could be resolvable at an informal settlement 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.

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

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

(f) If the employer, or a designated representative of the employer, fails to appear at a requested hearing, the Commissioner or his or her designee may, for good cause shown, re-schedule a hearing.

(g) If the Commissioner or his or her designee does not authorize such a re-scheduled hearing, then the Commissioner shall issue a final agency determination effective upon the date set for the original hearing.

(h) Payment of the penalty is due when a final agency determination is issued.

(i) Upon final order the penalty imposed may be recovered with cost in a summary proceeding commenced by the Commissioner pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.

N.J. Admin. Code § 12:56-1.6

New Rule, R.1991 d.606, effective 12/16/1991.
See: 23 New Jersey Register 2942(a), 23 New Jersey Register 3810(a).
Amended by R.1995 d.553, effective 10/16/1995.
See: 27 New Jersey Register 2868(a), 27 New Jersey Register 3958(a).
Inserted new (c).
Amended by R.2000 d.423, effective 10/16/2000.
See: 32 New Jersey Register 2643(a), 32 New Jersey Register 3855(a).
Recodified from N.J.A.C. 12:56-1.5 by R.2001 d.278, effective 8/6/2001.
See: 33 New Jersey Register 1850(a), 33 New Jersey Register 2676(a).
Former N.J.A.C. 12:56-1.6, Discharge or discrimination against employee making complaint, recodified to N.J.A.C. 12:56-1.7.