New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 65 - CONSTRUCTION INDUSTRY INDEPENDENT CONTRACTOR ACT RULES
Subchapter 2 - STOP-WORK ORDERS-N.J.S.A. 34:20-7.1
Section 12:65-2.5 - Hearing and appeal
Current through Register Vol. 56, No. 18, September 16, 2024
(a) An employer who is subject to a stop-work order pursuant to this subchapter may request a hearing before the Director, in writing, within 72 hours of its receipt of the stop-work order.
(b) A request for a hearing pursuant to (a) above, shall not automatically stay the effect of the stopwork order issued pursuant to this subchapter.
(c) Within seven business days of receipt of the request for a hearing, the Director shall conduct a hearing allowing the employer to contest the issuance of the stop-work order.
(d) The Director shall permit the employer to present evidence at the hearing.
(e) The Director shall issue a written determination within five business days after conclusion of the hearing, either upholding or reversing the stop-work order issued pursuant to this subchapter, including the grounds on which the decision was made.
(f) If the employer disagrees with the determination of the Director, the employer may appeal that determination to the Commissioner, in writing, within 15 days of receipt of the Director's written determination pursuant to (e) above.
(g) If the employer fails to request a hearing pursuant to this section, the stop-work order issued pursuant to this subchapter becomes a final order after expiration of the 72-hour period to request a hearing and may only be released upon a finding by the Commissioner that the employer has come into compliance and has paid any unpaid wages, contributions, taxes, penalties, and/or fees deemed to be satisfactory to the Commissioner.
(h) If a written determination is issued by the Director pursuant to (e) above, upholding the stopwork order issued pursuant to this subchapter, and the employer fails to appeal that determination pursuant to (f) above, the stop-work order issued pursuant to this subchapter becomes a final order after expiration of the 15-day period to file an appeal and may only be released upon a finding by the Commissioner that the employer has come into compliance and has paid any unpaid wages, contributions, taxes, penalties, and/or fees deemed to be satisfactory to the Commissioner.
(i) All appeal hearings before the Commissioner pursuant to (f) above, shall be conducted in accordance with the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1.