N.J. Admin. Code § 8:60-8.2

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

Section 8:60-8.2 - Appeals

(a) Any individual who is aggrieved by any action or inaction of the Commissioner of Labor and Workforce Development or the Commissioner of Health or his or her designee, under this chapter, shall have the right to an informal conference under (c) below or a formal hearing under (d) below or both upon receipt by the Commissioner of Labor and Workforce Development or Health , as the case may be, of a written request within 10 calendar days of receipt of notice of the proposed agency action.

(b) In the interest of protecting employee or public health and safety, the Commissioner of Labor and Workforce Development or the Commissioner of Health may suspend a license, permit, instructor approval or training agency certification prior to a hearing. When the license, permit, training agency certification, or instructor approval has been suspended, the aggrieved person shall have the right to a hearing within 10 calendar days of the notice of suspension.

(c) Upon receipt of the written request, an informal conference shall be held before a designee of the Commissioner of Labor and Workforce Development or Health , as the case may be, within 30 calendar days. The designee of the Commissioner of Labor and Workforce Development or Health, as the case may be, shall render a decision within 45 calendar days of the conference. Such decision shall state the findings and conclusions and shall be transmitted to the aggrieved person.

(d) Any party who disagrees with the decision of the Commissioner of Labor and Workforce Development or Health's designee may submit a written request for a formal hearing in accordance with (e) below.

(e) Upon receipt of the written request, a formal hearing shall be held pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(f) For purposes of this section, due notice shall mean written notice mailed to the aggrieved person's last filed address which specifies:

1. The intended agency action;

2. The legal basis for such action;

3. The facts supporting such legal basis; and

4. Notice of the right to an informal conference or formal hearing;

i. The 10 calendar day period to request such informal conference or formal hearing; and

ii. The address to which such requests shall be sent.

(g) When an aggrieved person fails to request an informal conference or formal hearing within the 10 calendar day period, his or her right to an informal conference or formal hearing pursuant to this section shall be deemed waived and the proposed agency action shall become final.

N.J. Admin. Code § 8:60-8.2

Amended by 50 N.J.R. 1149(a), effective 4/16/2018