Statutes, codes, and regulations
New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENTChapter 41 - PRIVATE CAREER SCHOOLS
Subchapter 5 - PENALTIES AND HEARINGS
Section 12:41-5.3 - Contested case hearings

N.J. Admin. Code § 12:41-5.3

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Current through Register Vol. 56, No. 16, August 19, 2024
Section 12:41-5.3 - Contested case hearings
(a) Whenever the Department of Labor and Workforce Development and the Department of Education shall jointly find cause to suspend or revoke a Certificate of Approval or to place condition(s) upon continued approval of a private career school, they shall notify the private career school of the reasons for the suspension, revocation, or placement of conditions on continued approval, in writing, and provide the opportunity for a hearing in accordance with the Administrative Procedure Act, 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(b) All requests for hearings shall be filed with the Training Evaluation Unit within 10 business days from the date of receipt of the notice.
1. All requests for hearings shall be in writing and shall be directed to the following address:

NJ Department of Labor and Workforce Development

Center for Occupational Employment Information

Training Evaluation Unit

PO Box 057

Trenton, NJ 08625-0057

OR

NJ Department of Labor and Workforce Development

Center for Occupational Employment Information

Training Evaluation Unit

John Fitch Way, 5th Floor

Trenton, NJ 08625

(c) In the absence of a timely request for a hearing, pursuant to (b) above, the joint determination of the Commissioners of the Department of Labor and Workforce Development and the Department of Education under N.J.A.C. 12:41-5.2(b) shall be deemed the final administrative action in the given matter.
(d) Where the Commissioners of the Department of Labor and Workforce Development and the Department of Education have notified a private career school that it has found cause to suspend or revoke its Certificate of Approval and where, further, the private career school has failed to request a hearing within the 10-business day time limit prescribed in (b) above, the private career school shall, within 20 business days of having received notice of the suspension or revocation, surrender its Certificate of Approval by way of certified mail to the address listed in (b)1 above.
(e) Where a hearing with regard to a suspension or revocation of a Certificate of Approval is requested and where, further, the Commissioners of the Department of Labor and Workforce Development and the Department of Education ultimately determine, following a hearing, that cause has been established to suspend or revoke the Certificate of Approval, the private career school shall, within 10 business days of receipt of the joint final order of the Commissioners of the Department of Labor and Workforce Development and the Department of Education, surrender the Certificate of Approval by way of certified mail to the address listed at (b)1 above.
(f) All requests for hearings shall be reviewed by the Training Evaluation Unit and the Department of Education in order to determine whether the dispute can be resolved 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.

N.J. Admin. Code § 12:41-5.3

Adopted by 48 N.J.R. 2816(b), effective 12/19/2016