N.J. Admin. Code § 12:62-2.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:62-2.6 - Appeals

(a) Whenever the Department shall find cause to deny, suspend or revoke a certificate of registration, to require the posting of a surety bond pursuant to 12:62-2.4(d), or to impose an administrative penalty pursuant to 12:62-2.5, it shall notify the registrant or applicant of the reasons therefor, in writing, and provide opportunity for a hearing in accordance with the Administrative Procedure Act, 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) All requests for hearing shall be filed within 10 business days from the date of receipt of the notice. The Commissioner or his or her designee shall issue the final decision in accordance with the applicable provisions of the Administrative Procedure Act and the Uniform Administrative Procedure Rules.

1. All requests for hearing shall be in writing and shall be directed to the following address:

NJ Department of Labor and Workforce Development

Division of Wage and Hour Compliance

PO Box 389

3rd Floor

Trenton, NJ 08625-0389

(c) In the absence of a timely request for a hearing, pursuant to (b) above, the determination of the Department shall be deemed the final administrative action in the given matter.

(d) Where the Department has notified a registrant that it has found cause to deny, suspend or revoke its certificate of registration and where further, that registrant has failed to request a hearing within the 10-day time limit prescribed in (b) above, the registrant shall, within 20 days of having received notice of the denial, revocation or suspension, surrender its certificate of registration by way of certified mail to the address listed at (b)1 above.

(e) Any contractor who has his or her registration denied, suspended or revoked for violations enumerated in this subchapter shall not be permitted to perform work for which a bid has been submitted and which is under review.

(f) Where a hearing with regard to a denial, suspension or revocation of a certificate of registration is requested and where, further, the Commissioner of Labor and Workforce Development ultimately determines that cause has been established to deny, suspend or revoke the certificate of registration, the registrant shall, within 10 days of receipt of the final order of the Commissioner or his or her designee, surrender the certificate of registration, by way of certified mail to the address listed at (b)1 above.

(g) All requests for hearing shall be reviewed by the Division of Wage and Hour Compliance in order to determine whether the dispute can be resolved at an informal settlement conference. If the review indicates that an informal settlement conference is warranted, such conference shall be scheduled. If a settlement cannot be reached, the case shall be forwarded to the Office of Administrative Law for a formal hearing.

N.J. Admin. Code § 12:62-2.6

Amended by R.2002 d.48, effective 2/4/2002.
See: 33 N.J.R. 3885(a), 33 N.J.R. 4309(a), 34 N.J.R. 776(a).
Inserted new (c) through (f) and recodified former (c) as (g).
Amended by R.2006 d.136, effective 4/17/2006.
See: 37 N.J.R. 1674(a), 38 N.J.R. 1752(a).
In (a), added "deny,"; in (b)1, added "NJ Department of Labor and Workforce Development" and "3rd Floor" to address; in (d), added "deny," and "denial,"; in (e), added "denied,"; in (f), added "denial," "and Workforce Development" and "deny,".