New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 15 - SCOPE
Subchapter 3 - REGISTRATION OF AUTHORIZED AGENTS
Section 12:15-3.7 - Violations-second determination

Universal Citation: NJ Admin Code 12:15-3.7

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

(a) At the conclusion of the period of monitoring referred to in 12:15-3.6, where the Director determines that the authorized agent has continued to violate any of the provisions of 43:21-6.2 through 6.8, or other provisions of 43:21-1 et seq., including any of the provisions of 43:21-16 that apply to the agents of employing units, the Director may suspend the registration of the authorized agent for a period of time determined to be appropriate by the Director.

(b) In evaluating the appropriateness of the period of suspension under (a) above, the Director shall consider the following factors:

1. Whether the violations represent a continuation of the violations identified in the previous determination;

2. The gravity and duration of the violations;

3. The amount of harm resulting from the violations;

4. The experience of the authorized agent;

5. The authorized agent's history of previous violations or complaints filed of a similar or different nature;

6. The number of violations identified;

7. The existence of mitigating circumstances;

8. Whether the authorized agent made good faith efforts to comply with any applicable requirements; and

9. Any other factors the Director considers relevant.

(c) Where the Director has determined under (a) above that the authorized agent has continued to violate any of the provisions of 43:21-6.2 through 6.8, or other provisions of 43:21-1 et seq., including any of the provisions of 43:21-16 that apply to the agents of employing units, the Director shall continue to monitor the conduct of the authorized agent for a period of not more than 12 months after the determination made under (a) above.

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