N.J. Admin. Code § 12:69-1.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:69-1.6 - Hearings

(a) When the Commissioner assesses an administrative penalty under N.J.A.C. 12:69-1.3, 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 a formal hearing must be received within 15 business days following receipt of the notice. All hearings shall be held pursuant to the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-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 dispute may be resolved 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 may, for good cause shown, reschedule the hearing.

(g) If the Commissioner does not authorize such a hearing to be rescheduled under (f) above, then the Commissioner shall issue a final agency determination.

(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 costs, in a summary proceeding commenced by the Commissioner pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1et seq.

N.J. Admin. Code § 12:69-1.6

Adopted by 52 N.J.R. 20(a), effective 1/6/2020