N.J. Admin. Code § 8:59-3.13
Current through Register Vol. 56, No. 21, November 4, 2024
Section 8:59-3.13 - Appeal of determination(a) If the DOH/DEP denies an employer's trade secret claim, the employer shall have 45 days from the receipt of the determination to file with the DOH/DEP a written request for an administrative hearing on the determination.(b) Within 15 days after filing a request for an administrative hearing, a public employer shall post on bulletin boards readily accessible to employees a notice of the request. Every public employer filing a request shall send a copy of the notice to the county health department, county clerk, or designated county lead agency in which the employer's facility is located. Every public employer filing a claim that employs persons whose native language is Spanish shall also post a notice in Spanish. The notice shall state for which survey the request was made and the date of the request and shall invite any person to submit comments to the Department and provide testimony at the administrative hearing on the trade secret claim.(c) If a request for an administrative hearing is made pursuant to (a) above, the DOH/DEP shall refer the matter to the Office of Administrative Law for a hearing thereon.(d) Within 45 days of receipt of the administrative law judge's initial decision containing a recommendation on a matter referred to in (c) above, the DOH/DEP shall affirm, reject, or modify the recommendation. The DOH/DEP shall inform the employer of its decision on the administrative law judge's recommendation by certified mail, return receipt requested. The action of the DOH/DEP shall be considered final agency action for purposes of the "Administrative Procedure Act," 52:14B-1 et seq., and shall be subject only to judicial review as provided in the Rules of Court.(e) If the DOH/DEP determines, pursuant to (d) above, that the trade secret claim is not valid, the employer shall have 45 days from receipt of the determination to notify the DOH/DEP, in writing, that it has filed to appeal the decision of the DOH/DEP in the courts. If the employer does not so notify the DOH/DEP, the DOH/DEP shall disclose the information for which the trade secret claim was made in the manner set forth in 8:59-3.14.(f) Special rules applicable to trade secret claim appeals are set forth at N.J.A.C. 1:21.N.J. Admin. Code § 8:59-3.13
Amended by 50 N.J.R. 1036(a), effective 3/19/2018