N.J. Admin. Code § 12:41-5.2
Current through Register Vol. 56, No. 23, December 2, 2024
Section 12:41-5.2 - Commissioners' order to show cause(a) Where the Commissioners of the Departments of Labor and Workforce Development and Education become aware of any violation(s) of any of the provisions at N.J.S.A. 34:15C-10.1 or 34:15C-10.1.a, this chapter, or N.J.A.C. 6A:19-7, or that the private career school is financially unsound, which, if true, would entitle the Commissioners to revoke, suspend, or place condition(s) on the continued possession of a Certificate of Approval, the Commissioners may accord the private career school an opportunity to present its views preliminary to imposing such sanction by issuing an order directing the private career school to show cause why such sanction should not be imposed. A statement of the factual details and investigative findings supporting the charge shall accompany the order. This procedure shall not be in lieu of a contested case hearing pursuant to N.J.A.C. 12:41-5.3, and the right to a contested case hearing is independent of, and in addition to, this step.(b) Where it is determined by the Commissioners that the private career school and its owner(s) have failed to show cause why the sanction sought by the Commissioners should not be imposed, such sanction shall immediately be imposed.(c) Where a sanction is imposed immediately under (b) above based upon the private career school's failure to show cause why the sanction should not be imposed, the Commissioners shall, within five business days, issue to the private career school the written notice required under N.J.A.C. 12:41-5.3(a), which shall notify the private career school of the reasons for the suspension, revocation, or placement of conditions on continued approval and which shall provide the opportunity for a hearing, in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.(d) Where the Certificate of Approval of a private career school is revoked or suspended immediately under (b) above based upon the private career school's failure to show cause why such sanction should not be imposed, the private career school shall, within 10 business days, surrender its Certificate of Approval by way of certified mail to the address listed at N.J.A.C. 12:41-5.3 (b)1.N.J. Admin. Code § 12:41-5.2
Adopted by 48 N.J.R. 2816(b), effective 12/19/2016Amended by 56N.J.R. 1802(a), effective 9/3/2024