New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 101 - SAFETY STANDARDS FOR HOTEL EMPLOYEES
Subchapter 5 - ADMINISTRATIVE PENALTIES; HEARINGS
Section 12:101-5.2 - Hearings

Universal Citation: NJ Admin Code 12:101-5.2

Current through Register Vol. 56, No. 18, September 16, 2024

(a) When the Commissioner assesses an administrative penalty pursuant to N.J.A.C. 12:101-5.1, the employer shall have the right to request a hearing pursuant to (b) below.

(b) A request for a formal hearing must be received within 15 calendar days following receipt of the notice of the penalty assessment

(c) No administrative penalty shall be levied pursuant to this chapter, unless the alleged violator is provided with:

1. A notification of the violation;

2. The amount of the penalty to be imposed; and

3. An opportunity to request a formal hearing.

(d) If a hearing is not requested within the 15 calendar days following service, the notice of violation and penalty shall become a final order of the Commissioner for the amount of the penalty indicated in the notice. Such amount may be collected by the Department pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.

(e) All hearing requests shall be deemed to automatically include a request for a settlement conference with the Department, which shall be scheduled and conducted by the Department within 30 days of the request for a hearing, if the Department determines that a settlement conference would be productive and useful under the circumstances. The settlement conference may be conducted inperson or electronically, as determined by the Department to accommodate the needs of both parties.

(f) If a settlement is achieved, the alleged violator shall pay the agreed upon settlement amount in accordance with (g) below. If a settlement conference fails to produce a settlement or did not occur, the request for a hearing shall be transmitted to the Office of Administrative Law (OAL) for a hearing to be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., in accordance with the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(g) Payment of the penalty shall be due when the final agency determination is issued, when notification becomes the final decision because no appeal has been filed, or the agreed upon date when payment is due pursuant to a settlement achieved at a settlement conference. All payments shall be made payable to the Department of Labor and Workforce Development in the form of a certified check or money order, or any other form that the Department deems suitable.

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