N.J. Admin. Code § 8:60-5.9

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

Section 8:60-5.9 - Suspension and revocation of permit

(a) The Commissioner may suspend or revoke any permit for the following reasons:

1. The worker or supervisor is incompetent to perform asbestos work;

2. The worker or supervisor is negligent in performing asbestos work; and/or

3. The worker or supervisor loans the permit, abandons the permit, or allows it to pass from his or her possession.

(b) The Commissioner may order the immediate suspension or revocation of an asbestos abatement worker or an asbestos abatement supervisor permit if there is an imminent danger to the health and safety of the public or the employees.

1. Any asbestos abatement worker or asbestos abatement supervisor who has his or her permit suspended or revoked pursuant to this section shall not perform asbestos work until such permit is restored by the Department of Labor and Workforce Development.

(c) Prior to suspending or revoking a permit, the Commissioner shall provide the worker or supervisor with written notice of the violations. This subsection shall not apply to situations set forth at (b) above.

1. Each worker or supervisor shall have an opportunity to respond to the charges.

(d) Any individual performing the duties of an asbestos abatement worker or an asbestos abatement supervisor and possessing an expired permit shall be subject to the penalties under the Act and this chapter.

(e) Any applicant using fraudulent means to obtain an asbestos worker or an asbestos supervisor permit shall be subject to prosecution under the Act and this chapter. Any permit acquired through such means shall be invalid.

1. The use of fraudulent means to obtain an asbestos supervisor permit shall invalidate any other New Jersey asbestos permit which the applicant may possess.

(f) In all cases where the Commissioner proposes to revoke or suspend a permit, or denies an application for a permit, the worker or supervisor shall have the right to an informal conference or formal hearing, or both, pursuant to N.J.A.C. 12:120-8 and 8:60-8.

N.J. Admin. Code § 8:60-5.9

Amended by R.1990 d.278, effective 6/4/1990.
See: 22 New Jersey Register 736(a), 22 New Jersey Register 1773(a).
Text on contents of permit recodified to 5.6; text on suspension and revocation of permit recodified from 5.10, with (b)1 and (e)1 added.
Amended by R.1995, d. 193, effective 4/3/1995.
See: 27 New Jersey Register 71(a), 27 New Jersey Register 1465(a).
Administrative change. See: 32 New Jersey Register 803(a).
Amended by R.2005 d.415, effective 11/21/2005.
See: 37 New Jersey Register 1933(a), 37 New Jersey Register 4439(a).
Added "and Workforce Development" to (b)1.