New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 42 - WORKFORCE INVESTMENT ACT RULES
Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES
Section 12:42-3.10 - Corrective action and penalty determinations

Universal Citation: NJ Admin Code 12:42-3.10

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

(a) In each instance where the Assistant Commissioner intends to issue a corrective action and/or penalty determination, he or she shall first transmit to the Commission a written proposed corrective action and/or penalty determination.

(b) The Commission shall, within 60 days of its receipt of a proposed corrective action and/or penalty determination from the Assistant Commissioner under (a) above, return to the Assistant Commissioner a written recommendation with regard to the proposed corrective action and/or penalty.

(c) The Assistant Commissioner shall, within 30 days of receipt of the Commission's recommendation under (b) above with regard to a particular proposed corrective action and/or penalty, issue a written corrective action and/or penalty determination.

(d) The Assistant Commissioner may, when issuing a written corrective action and/or penalty determination under (c) above, accept or reject any portion of the Commission's recommendation or may accept or reject the Commission's recommendation in its entirety.

(e) All corrective action and penalty determinations under (c) above shall be issued in writing to the local board's Executive Director or administrative officer, to the local board's chair, to the chief elected official of the local area, to the fiscal agent of the local area and to the Commission.

(f) All corrective action determinations issued under (c) above shall contain the following information:

1. The cause for corrective action;

2. The corrective action required, including the timeline for completing the corrective action; and

3. Appeal rights under 12:42-3.1 1.

(g) All penalty determinations issued under (c) above shall contain the following information:

1. The cause for penalty;

2. The penalty and the effective date of the penalty; and

3. Appeal rights under 12:42-3.1 1.

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