N.J. Admin. Code § 7:26-16.23

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26-16.23 - "Independent contractors," or "consultants"

(a) Applicants, permittees and licensees may not avoid the effects of N.J.A.C. 7:26-16.8 and 16.9 by designating an employee as an "independent contractor" or "consultant". The Department will look beyond the form of such contracts, and if it finds that a person designated as an "independent contractor", "consultant" or similar term is performing functions commonly performed in the industry by employees, or is exercising any discretion over the solid waste or hazardous waste operations of an applicant, permittee or licensee, the Department will regard that person as an employee.

(b) The Department may deny or revoke a license if it finds that an applicant, permittee or licensee has entered into an "independent contractor" arrangement, "consultant" agreement or similar arrangement for the purpose of avoiding disqualification under N.J.A.C. 7:26-16.8 or 16.9.

Amended by R.2002 d.181, effective 6/17/2002.
See: 33 New Jersey Register 4218(a), 34 New Jersey Register 2049(a).
In (a), in first sentence inserted ", permittees" after "Applicants", and in second sentence inserted ", permittee" after "applicant"; in (b), inserted ", permittee" after "applicant".