N.J. Admin. Code § 8:59-8.6

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

Section 8:59-8.6 - Civil administrative order

(a) Whenever, on the basis of information available to the Commissioner of the Department, the Commissioner finds that an employer is in violation of the Worker and Community Right to Know Act, 34:5A-1 et seq., or any rule or regulations adopted pursuant thereto, the Commissioner, pursuant to 34:5A-31(a)(1) and (b), may issue an order:

1. Specifying the provision or provisions of the Act, or the rule or regulation adopted pursuant thereto, of which the employer is in violation;

2. Citing the action which caused the violation;

3. Requiring the employer to comply with the provision of the Act or the rules and regulations adopted pursuant thereto of which the employer is in violation; and

4. Giving notice to the employer of the right to a hearing on the matter contained in the order.

(b) A civil administrative order shall be sent to an employer by certified mail, return receipt requested, or by personal service.

(c) The employer shall have 20 calendar days from receipt of the civil administrative order within which to deliver to the Commissioner a written request for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Subsequent to the hearing and upon finding that a violation has occurred, the Commissioner may issue a final order requiring the employer to comply with the provisions of the Act or the rules and regulations adopted pursuant thereto of which the employer is in violation, as specified in the civil administrative order.

(d) If no hearing is requested, the civil administrative order shall become a final order upon expiration of the 20-calendar-day period following receipt of the order by the employer.

(e) The authority to issue a civil administrative order is in addition to all other enforcement provisions in the Act, and compliance with an administrative order shall not be deemed to affect the viability of any other enforcement provisions in connection with the violation for which the order was issued.

N.J. Admin. Code § 8:59-8.6

Amended by 50 N.J.R. 1036(a), effective 3/19/2018