N.J. Admin. Code § 12:60-8.6

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

Section 12:60-8.6 - Hearings

(a) No assessment of wages, fees or penalties shall be levied pursuant to this subchapter unless the Commissioner provides the alleged violator with written notification of the violation and the amount of the wages, fees and/or penalties, and an opportunity to request a formal hearing. A request for a formal hearing must be received within 15 business days following the receipt of the notice of assessment. All contested cases shall be heard pursuant to the Administrative Procedures Act, 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The filing of a request for a hearing regarding wages, fees or penalties shall not preclude the Commissioner from pursuing other remedies under the Prevailing Wage Act, including debarment pursuant to 34:11-56.3 7 and 56.38.

(b) All requests for a hearing shall be reviewed by the Division of Wage and Hour Compliance to determine if the reason for dispute could be resolvable at an informal settlement conference. If the review indicates that an informal settlement conference is warranted, such conference shall be scheduled. If a settlement cannot be reached, the case shall be forwarded to the Office of Administrative Law for a formal hearing.

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

(d) Appeals of the final decision of the Commissioner shall be made to the Appellate Division of the New Jersey Superior Court.

(e) If the employer, or a designated representative of the employer, fails to appear at a requested hearing, the Commissioner or his or her designee may, for good cause shown, reschedule a hearing.

(f) If the Commissioner or his or her designee does not authorize such a rescheduled hearing, then the Commissioner shall issue a final agency determination.

(g) Payment of the wages, fees and/or penalties is due when a final agency determination is issued.

(h) Upon final determination, the wages, fees and penalties may be recovered with cost in a summary proceeding commenced by the Commissioner.

N.J. Admin. Code § 12:60-8.6

Amended by R.1996 d.113, effective 2/20/1996.
See: 27 N.J.R. 4495(a), 28 N.J.R. 1221(a).
Recodified from N.J.A.C. 12:60-9.5 by R.2001 d.278, effective 8/6/2001.
See: 33 N.J.R. 1850(a), 33 N.J.R. 2676(a).
Amended by R.2009 d.260, effective 8/17/2009.
See: 41 N.J.R. 1157(a), 41 N.J.R. 3091(c).
In (b), substituted "Division" for "Office".