New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 72 - TEMPORARY LABORERS
Subchapter 1 - GENERAL PROVISIONS
Section 12:72-1.4 - Hearings

(a) When the Commissioner assesses an administrative penalty pursuant to N.J.A.C. 12:72-1.3, the temporary help service firm or third-party client against which the administrative penalty has been assessed shall have the right to a hearing pursuant to (b) below.

(b) No administrative penalty shall be levied pursuant to N.J.A.C. 12:72-1.3 unless the Commissioner provides the alleged violator with notification by certified mail of the violation and the amount of the penalty and an opportunity to request a formal hearing. A request for a formal hearing must be received within 15 business days following receipt of the notice. All hearings shall be held pursuant to 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.

(c) All requests for hearings will be reviewed by the Division of Wage and Hour and Contract Compliance to determine if the dispute may be resolved at an informal settlement conference. If, following its review, the Division determines that an informal settlement conference is warranted, such conference will be scheduled. If a settlement cannot be reached, the case will be forwarded to the Office of Administrative law for a formal hearing.

(d) The Commissioner shall make the final decision of the Department.

(e) If the temporary help service firm or third-party client fails to request a formal hearing within 15 days following receipt of the notice, the notice shall become a final order.

(f) Appeals of the final decision of the Commissioner pursuant to (d) above or a final order pursuant to (e) above shall be made to the Appellate Division of the New Jersey Superior Court.