New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 210 - APPAREL INDUSTRY REGISTRATION
Subchapter 1 - GENERAL PROVISION
Section 12:210-1.9 - Confiscation of apparel and equipment

Universal Citation: NJ Admin Code 12:210-1.9

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

(a) In addition to any penalty which may be assessed against an individual who is in violation of this chapter, the Commissioner may order the apparel industry unit to confiscate any partially or completely assembled articles of apparel and any equipment used in the assembly of apparel from any manufacturer or contractor who has been found to be:

1. In violation of this chapter; and

2. Previously liable for a civil or administrative penalty for two or more separate violations of this chapter during the immediately preceding three-year period.

(b) The Commissioner, through his or her designee, shall have the authority to enter the business premises of the manufacturer or contractor in order to label all items subject to confiscation in preparation for subsequent removal of the items therefrom.

(c) All items labeled for confiscation shall be placed in the custody of the apparel industry unit until the confiscation order becomes final and until final resolution of any appeal of the final confiscation order.

(d) Any individual who removes items labeled for confiscation without the Commissioner's approval shall be subject to prosecution for a disorderly persons offense and upon conviction fined not less than $ 100.00 nor more than $ 1,000 in addition to any other civil or administrative penalties under the Act.

(e) Upon confiscation, the Commissioner or his or her designee shall provide the manufacturer or contractor with written notification by certified mail of:

1. The violation and confiscation; and

2. The opportunity to request from the Commissioner, or his or her designee, a formal hearing within 15 days following receipt of the notice.

(f) The Department may notify all parties which it has reason to believe have an interest in the ownership, shipment or sale of the items which are the subject of the confiscation order.

(g) The Commissioner, or his or her designee, shall forward the request for formal hearing to the Office of Administrative Law for hearing. All hearings shall be held in accordance with the Apparel Industry Registration Act, 34:6-151; the Administrative Procedure Act, N.J.S.A. 52:14B et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(h) The Commissioner shall issue the final administrative determination regarding the confiscation order upon completion of the hearing.

(i) If a hearing is not requested, the Commissioner, or his or her designee, shall issue a final confiscation order upon the expiration of the 15 day period.

(j) The manufacturer or contractor may appeal the final confiscation order to the Appellate Division of the Superior Court within 30 days of the date of its issuance.

(k) The manufacturer or contractor shall be notified of the location to which the confiscated items are removed.

(§l) Upon issuance of a final confiscation order or upon final resolution of an appeal therefrom, title to the items shall vest in the State.

(m) Confiscated goods shall be disposed in the following manner:

1. The confiscated goods may be donated to a charity certified to do business in the State of New Jersey or to any public agency for use by agency clients provided that such goods will not enter the mainstream of commerce and shall not be offered for sale;

2. The confiscated goods may be sold at public sale or auction;

3. The confiscated goods may be donated to public agencies or school districts which conduct classes or training in apparel manufacturing, sewing or related areas; or

4. The confiscated goods may be destroyed.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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