N.J. Admin. Code § 12:4-3.2

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

Section 12:4-3.2 - Second offense-suspension of license(s)

(a) Where at the conclusion of an audit conducted under N.J.A.C. 12:4-3.1(a)2, the Commissioner finds that the employer or any successor firm to the employer has failed to comply with the reporting or recordkeeping requirements of any State wage, benefit, or tax law, and has failed to pay wages, benefits, taxes, or other contributions or assessments as required by any State wage, benefit, or tax law, the Commissioner:

1. May, after providing the employer or successor firm with a "Notice of Intent to Direct the Suspension of a License" under (c) below, and after affording the employer or successor firm with an opportunity for a hearing in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., issue a written determination directing any appropriate agency to suspend any one or more licenses that are held by the employer or successor firm, for a period of time determined by the Commissioner; and

2. Shall ensure that an audit of the employer or any successor firm of the employer is conducted not more than 12 months after the date of the Commissioner's written determination under (a)1 above.

(b) In determining the appropriate length of suspension, the Commissioner shall consider the following factors:

1. The number of employees for which the employer or successor firm failed to maintain or report required records and pay required wages, benefits, taxes, or other contributions or assessments;

2. The total amount of wages, benefits, taxes, or other contributions or assessments not paid by the employer or successor firm;

3. Any other harm resulting from the violation(s);

4. Whether the employer or successor firm made good faith efforts to comply with any applicable requirements;

5. The duration of the violation(s);

6. The role of the directors, officers, or principals of the employer or successor firm in the violation(s);

7. Any prior misconduct by the employer or successor firm; and

8. Any other factors the Commissioner considers relevant.

(c) When the Commissioner seeks to directthe suspension of an employer's license, the employer shall be furnished with a written notice indicating:

1. The Commissioner's intent to direct the suspension of a license(s) held by the employer;

2. The license(s) sought to be suspended;

3. The duration of the license suspension(s) sought;

4. The violations of State wage, benefit, or tax law upon which the Commissioner relies in support of his or her intent to direct the license suspension(s); and

5. That the employer shall have the right to appeal the license suspension(s) to the Commissioner within 15 days of receipt of the Notice of Intent to Direct the Suspension of a License.

(d) The Notice of Intent to Direct the Suspension of a License shall be mailed, by regular mail and return receipt requested, to a corporate officer of record, partner, individual proprietor, or other responsible person.

(e) If, after confirmation that the employer has been mailed the Notice of Intent to Direct the Suspension of a License, the employer has either failed to file a timely appeal or has expressly waived its right to appeal, the Commissioner shall issue a written determination directing any appropriate agency to suspend any one or more licenses that are held by the employer or successor firm.

(f) All hearings conducted pursuant to this section shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(g) Upon receipt of a written determination of the Commissioner directing an agency to suspend a license(s) pursuant to this section, and notwithstanding any other law or rule, the agency shall immediately suspend the license(s) of the employer in the manner directed by the Commissioner.

N.J. Admin. Code § 12:4-3.2

Adopted by 51 N.J.R. 1463(a), effective 9/16/2019