New Jersey Administrative Code

(a) Immediately upon receipt of notification that the complainant contests the written order to comply issued under the Act, the Commissioner shall notify the Review Commission of the receipt in writing and shall promptly furnish to the Chairperson of the Review Commission copies…

(a) When any party, non-party or representative has failed to proceed as provided by these rules or as required by the Chairperson or the Review Commission, he or she may be declared to be in default either: 1. On the initiative of the Chairperson or the Review Commission, after …

Notes N.J. Admin. Code § 12:112-3.5 Repealed by R.1998 d.456, effective 9/8/1998. See: 30 New Jersey Register 1893(b), 30 New Jersey Register 3247(a). Section was "Complaints".

Notes N.J. Admin. Code § 12:112-3.6 Repealed by R.1998 d.456, effective 9/8/1998. See: 30 New Jersey Register 1893(b), 30 New Jersey Register 3247(a). Section was "Content of the answer".

Notes N.J. Admin. Code § 12:112-3.7 Repealed by R.1998 d.456, effective 9/8/1998. See: 30 New Jersey Register 1893(b), 30 New Jersey Register 3247(a). Section was "Statement of position".

Notes N.J. Admin. Code § 12:112-3.8 Repealed by R.1998 d.456, effective 9/8/1998. See: 30 New Jersey Register 1893(b), 30 New Jersey Register 3247(a). Section was "Motions without conference consideration".

Notes N.J. Admin. Code § 12:112-3.9 Repealed by R.1998 d.456, effective 9/8/1998. See: 30 New Jersey Register 1893(b), 30 New Jersey Register 3247(a). Section was "Motions and request".

Within 20 days of receipt of the Notice, the Chairperson of the Review Commission shall determine whether a Notice was timely filed. If so, the Review Commission shall determine whether a review and decision shall be rendered on a written record or whether resolution can only be …

(a) When the Review Commission determines that a matter shall be decided on the written record, it shall provide the parties with a 20-day period to submit written arguments and documentation in support of their position. (b) All arguments and documentation submitted by a party s…

The burden of proof in any proceeding before the Review Commission shall rest with the party filing the Notice of Contest. Notes N.J. Admin. Code § 12:112-4.3

(a) Upon the filing of a Notice, a party, non-party, or representative may petition the Chairperson for a stay or other relief pending final decision of the matter. (b) A request for stay or interim relief shall be in writing, signed by the petitioner or his or her representative…

(a) A party, non-party, or representative may petition the Review Commission for reconsideration of any decision that it renders. (b) A petition for reconsideration shall be in writing signed by the petitioner, or his or her representative, and shall show the following:1. The new…

(a) At the request of any party, or on its own motion, the Review Commission may cause an informal conference to be held for the purpose of attempting to effectuate a settlement of any or all of the issues. All parties shall be afforded an opportunity to participate in any such c…

(a) Adjournments shall be granted only in exceptional situations which could not have been reasonably foreseen or prevented. (b) All parties requesting an adjournment shall be responsible for giving prompt notice to their witnesses as to the adjournment. Notes N.J. Admin. Code § …

(a) A party may withdraw its Notice of Contest or order to comply at any stage of a proceeding. (b) The notice of withdrawal shall be served and posted in accordance with N.J.A.C. 12:112-1.7 upon all parties. (c) Proof of service shall accompany the notice of withdrawal. Notes N.…

(a) If the Review Commission determines that a review and decision can only be obtained by a hearing, the matter shall be transmitted to the Office of Administrative Law for a hearing before an Administrative Law Judge pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B…

A member of the Review Commission shall abstain from voting on a particular matter whenever he or she has a personal interest in the outcome of a particular case. Notes N.J. Admin. Code § 12:112-5.2

Any appeal from a final determination of the Review Commission shall be made to the Appellate Division of the Superior Court. Notes N.J. Admin. Code § 12:112-5.3

(a) The Chairperson shall convene meetings of the Review Commission, as needed, to render decisions on pending cases. (b) Such meetings shall be open to the public and held in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-1 et seq. (c) The Chairperson shall cause no…

(a) No official business of the Review Commission shall be conducted without a quorum which shall consist of at least two of the three members. (b) A quorum may be obtained through conference call mechanisms. Notes N.J. Admin. Code § 12:112-6.2

(a) Members of the Review Commission shall be present in order to vote, except as provided in (b) below. (b) A member who is absent with good cause may vote through a conference call mechanism provided he or she certified that he or she has read the Administrative Law Judge's ini…

(a) This chapter, as a Department of Labor and Workforce Development rule, shall be known and may be cited as N.J.A.C. 12:120, Asbestos Licenses and Permits. (b) This chapter, as a Department of Health rule, shall be known as and may be cited as N.J.A.C. 8:60, Asbestos Licenses a…

These rules are promulgated pursuant to the authority of the Asbestos Control and Licensing Act, N.J.S.A. 34:5A-32 et seq. Notes N.J. Admin. Code § 12:120-1.2

(a) The purpose of this chapter is to provide reasonable standards for: 1. Licensing of employers; 2. Permitting of workers; 3. Permitting of supervisors; and 4. Certifying of training agencies and courses for the above job classifications. Notes N.J. Admin. Code § 12:120-1.3 Ame…

(a) This chapter shall apply to: 1. Licensing of employers; 2. Training, examination and issuance of permits to workers; 3. Training, examination and issuance of permits to supervisors; 4. Certifying of training agencies and courses for the above job classifications; 5. Employers…

The availability of standards and publications referred to in this chapter is set forth at N.J.A.C. 12:120-9 and 8:60-9. Notes N.J. Admin. Code § 12:120-1.5 Amended by R.1990 d.278, effective 6/4/1990. See: 22 New Jersey Register 736(a), 22 New Jersey Register 1773(a). Citation r…

If any section, paragraph, sentence or word of this chapter is determined to be invalid by any court of competent jurisdiction, such determination shall not affect or impair the validity of the remainder of this chapter. Notes N.J. Admin. Code § 12:120-1.6 Amended by R.1990 d.278…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Accepted engineering practices" means those practices which conform to accepted principles, tests, or standards of nationally recognized t…

This subchapter shall apply to the administration of the licensing, permitting and certification standards mandated by this chapter. Notes N.J. Admin. Code § 12:120-3.1

(a) Every employer falling within the scope of this chapter, who performs any of the functions of application, enclosure, repair, removal or encapsulation of asbestos in any structure, or who enters into any contract with the owner or owner's representative for the employer to pe…

(a) The Department of Labor and Workforce Development, under the provisions of this chapter, shall: 1. Issue licenses to qualified employers; 2. Issue permits to qualified workers; 3. Issue permits to qualified supervisors; 4. Collect the fees for licenses and permits; 5. Determi…

(a) In accordance with N.J.S.A. 34:5A-41, any person who violates a provision of this chapter shall, upon conviction, be guilty of a crime of the third degree and, notwithstanding the provisions of N.J.S.A. 2C:43-3, shall be subject to a fine of not more than $ 25,000 in addition…

(a) Employers, training agencies and instructors may be assessed civil administrative penalties not to exceed $25,000 for each violation of the Act or this chapter, including, but not limited to: 1. Performing as an employer without a license; 2. Allowing an employee to work with…

Notes N.J. Admin. Code § 12:120-3.6 Amended by R.1990 d.278, effective 6/4/1990. See: 22 New Jersey Register 736(a), 22 New Jersey Register 1773(a). Stylistic revisions throughout. In (c): added text setting out 10-day time limit for submission of request for a formal hearing. Ad…

This subchapter shall apply to the procedures required to obtain or to renew a license as an employer. Notes N.J. Admin. Code § 12:120-4.1 Amended by R.1990 d.278, effective 6/4/1990. See: 22 New Jersey Register 736(a), 22 New Jersey Register 1773(a). Added "or to renew" describi…

(a) The Commissioner of Health may exempt from the license requirements those designated asbestos-related activities based on sufficient data which indicates that no significant exposure exists to perform such activity. Such data shall be submitted to the Commissioner of Health f…

(a) The application for an employer license shall be made on forms provided by the Division of Public Safety and Occupational Safety and Health. (b) The application for an employer license shall be typewritten or neatly and legibly printed in ink. (c) All applications shall be ca…

(a) The applicant, to be eligible for a license as an employer, shall: 1. Provide evidence of having successfully completed the training course and pass the written examination for asbestos abatement supervisors devised and administered under the approval of the Department of Hea…

(a) A license shall be granted in accordance with (b) below, when an employer can comply with N.J.A.C. 12:120-4.4 and 8:60-4.4. (b) The license for an employer shall: 1. Be in writing; 2. Contain the date of issuance; 3. Contain the date of expiration; 4. Contain the name and add…

(a) The license shall be available at the worksite for examination by the Commissioner of Labor and Workforce Development, Commissioner of Health, the contracting agency, and the owner or the owner's representative. (b) A sign meeting the requirements of this subsection shall be …

(a) Every licensee shall ensure that all asbestos work performed conforms to those license performance standards as identified at N.J.A.C. 12:120-4.4(a)3 and 8:60-4.4(a)3, including, but not limited to, the following: 1. Accepted engineering practices which protect human health a…

(a) Any employer may have his license suspended or revoked for: 1. Incompetence; 2. Negligence; 3. Failure to comply with contract specifications; or 4. Any violation of the Asbestos Control and Licensing Act, N.J.S.A. 34:5A-32 et seq. or this chapter. (b) Any employer shall have…

(a) The application for renewal of a license shall be submitted at least 30 days prior to the date of expiration. When the application for renewal of a license is submitted within the required time period, the license may continue in effect until the Commissioner renders a determ…

This subchapter shall apply to each person applying for or renewing either an asbestos worker permit or an asbestos supervisor permit. Notes N.J. Admin. Code § 12:120-5.1 Amended by R.1990 d.278, effective 6/4/1990. See: 22 New Jersey Register 736(a), 22 New Jersey Register 1773(…

(a) An application for renewal of a permit shall be submitted at least 30 days prior to its expiration date. When the application for renewal is submitted within the required time period, the permit may continue in effect until the Commissioner renders a determination regarding t…

(a) The Commissioner of Health may exempt from the permit requirements those designated asbestos-activities based on sufficient data which indicates that no significant exposure exists to perform such activity. Such data shall be submitted to the Commissioner of Health for review…

(a) The Commissioner shall issue a permit to each applicant who satisfies the requirements listed below. The applicant shall: 1. Be at least 18 years of age; 2. Successfully complete either the asbestos abatement worker or asbestos abatement supervisor training course approved by…

(a) Each applicant required by this subchapter to complete asbestos training shall register at a training agency that has been certified by the New Jersey Department of Health to offer such training. A list of certified training agencies is available from the Department of Health…

(a) Each applicant for a permit shall complete an application which can be obtained from the Division of Public Safety and Occupational Safety and Health. (b) Each applicant shall provide the following to the Division of Public Safety and Occupational Safety and Health: 1. Name, …

(a) Each permit issued by the Commissioner shall be valid for one year from the date of issuance. (b) A permit shall be automatically cancelled on the date of its expiration. (c) Any person performing asbestos work requiring a permit under the Act or this chapter who performs suc…