N.J. Admin. Code § 12:112-1.7

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:112-1.7 - Service and notice

(a) At the time of filing documents, a copy shall be served by the filing party on every other party or non-party.

(b) Service upon a party or non-party who has appeared through a representative shall be made only upon such representative.

(c) Unless otherwise ordered, service may be accomplished by first class mail, by personal delivery or by electronic communication. Service is deemed effected at the time of mailing, at the time of personal delivery or at the time of electronic transmittal.

(d) Proof of service shall be accomplished by a written statement of the same which sets forth the date and manner of service. Such statement shall be filed with the document.

(e) When the complainant is an employer, the employer shall immediately post a copy of the Notice of Contest, where the written order to comply is required to be posted or, a notice in the following form:

(Name of employer)

This employer has been cited by the Commissioner of Labor and Workforce Development for violation of the Public Employees Occupational Safety and Health Act, 34:6A-25 et seq. The written order to comply has been contested and will be reviewed by the Occupational Safety and Health Review Commission.

(f) When the complainant is an employee or an employee representative, he or she shall serve a copy of the Notice of Contest on the employer at the time of transmittal to the Commissioner.

(g) When a Notice of Contest is scheduled for consideration by the Review Commission, a copy of the notice of the meeting of the Review Commission shall be posted by the employer at or near the place where the written order to comply is required to be posted.

(h) Where posting is required by this section, such posting shall be maintained until the commencement of the meeting or until earlier disposition.

N.J. Admin. Code § 12:112-1.7

Recodified from N.J.A.C. 12:112-1.10 and amended by R.1998 d.456, effective 9/8/1998.
See: 30 N.J.R. 1893(b), 30 N.J.R. 3247(a).
Rewrote (c) and (e); added a new (f); rewrote and recodified former (f) as (g); and recodified former (g) as (h). Former N.J.A.C. 12:112-1.7, Computation of time, was recodified to N.J.A.C. 12:112-1.4.
Amended by R.2009 d.152, effective 5/4/2009.
See: 40 N.J.R. 6536(a), 41 N.J.R. 2016(a).
In the form in (e), inserted "and Workforce Development".