New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 15 - SCOPE
Subchapter 3 - REGISTRATION OF AUTHORIZED AGENTS
Section 12:15-3.9 - Appeals
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Whenever the Director shall find cause to suspend or revoke the registration of an authorized agent, he or she shall notify the authorized agent of the reasons therefor, in writing, and provide an opportunity for a hearing in accordance with 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.
(b) All requests for a hearing shall be filed within 15 business days from the date of issuance of the notice.
NJ Department of Labor and Workforce Development
Assistant Commissioner, Income Security
PO Box 058
Trenton, NJ 08625-0058.
(c) Following a hearing, the Commissioner shall issue a final administrative determination in accordance with the applicable provisions of 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.
(d) In the absence of a timely request for a hearing, pursuant to (b) above, the determination of the Director shall be deemed the final administrative determination of the Commissioner in the given matter.
(e) Following the final administrative determination under either (c) or (d) above, any authorized agent who has had his or her registration suspended or revoked (the individual), or which has had its registration suspended or revoked (the organization or business), for violations enumerated in this subchapter shall not be permitted to represent a party for a fee in any procedure with the Division regarding claims for unemployment benefits or any obligations of employers regarding charges or taxes for unemployment compensation, including any filing of information, or any appeal, hearing or other proceeding regarding unemployment benefit claims, charges or taxes before any representative of the Division.
(f) All requests for a hearing shall be reviewed by the Director in order to determine whether the dispute can be resolved at an informal settlement conference. If the review indicates that an informal settlement conference is warranted, such conference shall be scheduled. If settlement cannot be reached, the case shall be forwarded to the Office of Administrative Law for a formal hearing.
