N.J. Admin. Code § 12:71-4.1

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

Section 12:71-4.1 - List of employers providing notification

(a) The Commissioner shall compile and maintain a list and shall update that list on a monthly basis, of all employers that provide notification pursuant to N.J.A.C. 12:71-2.2 and of those employers who, following investigation by the Department, are determined to have violated the notification requirement under the Act (that is, the employer should have, but did not, provide the required notification).

(b) An employer who is placed on the list at (a) above shall remain on that list for a period of time determined to be appropriate by the Commissioner, not to exceed 36 months.

(c) In determining the appropriate period of time that the employer will remain on the list, the Commissioner shall consider the following factors, where applicable.

1. Whether the employer voluntarily provided the required notification, versus having been determined, following an investigation, to have violated the notification requirement;

2. The past history of previous violations by the employer;

3. The good faith of the employer; and

4. Any other factors that the Commissioner deems to be appropriate in determining the sanction imposed.

(d) No employer shall be placed on the list at (a) above, unless the Commissioner provides the employer with notification of intent to place the employer on the list, the period of time that the Commissioner intends to maintain the employer's name on the list, and an opportunity to request a formal hearing pursuant to N.J.A.C. 12:71-5.1.

(e) The Commissioner shall make the list of employers at (a) above available to the public and prominently display a link to the list on the Department's website.

N.J. Admin. Code § 12:71-4.1

Adopted by 53 N.J.R. 534(a), effective 4/5/2021