New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 8 - LISTING OF PERSONS PROHIBITED FROM CONTRACTING WITH ANY PUBLIC BODY DUE TO A VIOLATION OF STATE WAGE, BENEFIT, OR TAX LAWS
Subchapter 2 - DEFINITIONS
Section 12:8-2.1 - Definitions

Universal Citation: NJ Admin Code 12:8-2.1
Current through Register Vol. 56, No. 6, March 18, 2024

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Commissioner" means the Commissioner of the Department of Labor and Workforce Development, or the Commissioner's duly authorized representative.

"Contracting" means any arrangement giving rise to an obligation to supply any product, or to perform any service, for a public body, other than by virtue of State employment, or to supply any product, or to perform any service, for a private person where the State provides substantial financial assistance and retains the right to approve or disapprove the nature or quality of the goods or services or the persons who may supply or perform the same.

"Department" means the Department of Labor and Workforce Development.

"Final order" means either a final administrative determination of the Commissioner, or other appropriate agency officer, issued following adjudication of a matter as a contested case pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1" et seq., or where the Department or other appropriate agency has made a finding regarding a violation of any State wage, benefit, and tax laws, or regarding the levying of a penalty pursuant to any State wage, benefit, and tax laws, has notified the violator of the finding, and the violator has expressly waived the right to a hearing by virtue of having failed to request a hearing within the appropriate time limit established by either law or rule.

"Person" means any natural person, company corporate officer or principal, firm, association, corporation, contractor, subcontractor, or other entity engaged in contracting.

"Public body" means the State of New Jersey, any of its political subdivisions, any authority created by the Legislature of the State of New Jersey, and any instrumentality or agency for the State of New Jersey, or any of its political subdivisions.

"State wage, benefit, and tax laws" means:

1. N.J.S.A. 34:11-4.1;

2. The New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25;

3. The New Jersey State Wage and Hour Law, N.J.S.A. 34:11-56a;

4. The Workers' Compensation Law, N.J.S.A. 34:15-1;

5. The Unemployment Compensation Law, N.J.S.A. 43:21-1;

6. The Temporary Disability Benefits Law, N.J.S.A. 43:21-25;

7. N.J.S.A. 43:21-39.1; and

8. The New Jersey Gross Income Tax Act, N.J.S.A. 54A:1-1.

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