New Jersey Administrative Code

(a) When the Commissioner finds that an employer has failed to comply with the reporting or recordkeeping requirements of any State wage, benefit, or tax law, and in connection with that failure to report or maintain records, has failed to pay wages, benefits, taxes, or other con…

(a) Where at the conclusion of an audit conducted under N.J.A.C. 12:4-3.1(a)2, the Commissioner finds that the employer or any successor firm to the employer has failed to comply with the reporting or recordkeeping requirements of any State wage, benefit, or tax law, and has fail…

(a) Where, at the conclusion of an audit conducted pursuant to N.J.A.C. 12:4-3.2(a)2, the Commissioner finds that the employer or any successor firm to the employer has failed to comply with the reporting or recordkeeping requirements of any State wage, benefit, or tax law, and h…

(a) The Commissioner may take action under N.J.A.C. 12:4-3.1, 3.2, or 3.3, against an employee leasing company as the co-employer of the employees of its client company, including, but not limited to, the issuance of a written determination directing that the employee leasing com…

(a) A rebuttable presumption that an employer has established a successor firm shall arise if the two parties share two or more of the following capacities or characteristics: 1. Performing similar work within the same geographical area; 2. Occupying the same premises; 3. Having …

(a) The purpose of this chapter is to establish rules to effectuate N.J.S.A. 34:15C-10.1 and 34:15C-10.1.a, which empowers the Commissioner of the Department of Labor and Workforce Development and the Commissioner of the Department of Education to issue certificates of approval t…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Average annual earnings" means the amount indicated for the 25th percentile of the annual salaries in New Jersey for an occupation accordi…

(a) No private career school shall be permitted to operate in New Jersey, unless it has been issued a Certificate of Approval jointly by the Commissioner of the Department of Labor and Workforce Development and the Commissioner of the Department of Education pursuant to N.J.S.A. …

(a) Any private career school that seeks to apply for a Certificate of Approval pursuant to N.J.S.A. 34:15C-10.1 and 34:15C-10.1.a shall make a written Application for Initial Approval of a Private Career School to the Department of Labor and Workforce Development. 1. The Applica…

(a) For each private career school, with the exception of those private career schools that offer instruction solely through correspondence, Internet, or other distance learning, the Training Evaluation Unit and the Department of Education shall, prior to the issuance of a Certif…

(a) Any private career school that seeks to apply for renewal of a Certificate of Approval shall make a written Application for Renewal of a Private Career School Certificate of Approval. 1. The Application for Renewal of a Private Career School Certificate of Approval shall have…

(a) A private career school that submits its application for renewal of its existing Certificate of Approval after the expiration of its existing Certificate of Approval shall be required to pay the $ 1,150 non-refundable application fee for initial application set forth at N.J.A…

(a) Each private career school shall submit to either the Training Evaluation Unit or the Department of Education, as appropriate, those documents required for changes not less than 60 calendar days prior to the effective date of any of the following changes: 1. Change in ownersh…

(a) Each private career school shall maintain a permanent student record for each student enrolled, which shall include the following information with regard to each student: 1. Name and complete contact information; 2. Social Security number or, if the student does not have a So…

(a) Each private career school shall submit an annual report to the Training Evaluation Unit, which shall include the following: 1. Each permanent student record maintained pursuant to N.J.A.C. 12:41-3.1(a); 2. An electronic copy of each graduate's transcript; and 3. Any addition…

(a) Regarding each student who withdraws from or is terminated by a private career school, the private training school shall adhere to the following refund policy: 1. The school may retain all or part of the registration fee; 2. The school may require that the student retain all …

(a) Each private career school shall have a student complaint resolution procedure, which shall include, at a minimum: 1. A method for students to file a complaint; 2. A staff person designated as responsible for overseeing complaints; 3. A set length of time permitted for the sc…

(a) Each private career school shall provide to each prospective student, prior to his or her enrollment, a School and Program Information Form, which shall include, at a minimum: 1. Name of the private career school and titles of approved program(s); 2. Starting and ending dates…

(a) A private career school shall not make any false or untrue statement in an effort to enroll students, whether that statement is made verbally, in a written advertisement, in an internet advertisement, or in any other media. (b) All statements made by private career school sta…

Each private career school shall be under a continuing obligation between certificate renewal cycles to ensure compliance with the requirements at N.J.S.A. 34:15C-10.1 and 34:15C-10.1.a, this chapter, and N.J.A.C. 6A:19-7. Notes N.J. Admin. Code § 12:41-4.5 Adopted by 48 N.J.R. 2…

Each private career school shall be open for monitoring and inspection by any officer, representative, or agent of the Department of Labor and Workforce Development or the Department of Education, for the purpose of ensuring compliance with N.J.S.A. 34:15C-10.1, N.J.A.C. 6A:19-7,…

(a) At least 60 calendar days prior to closure of the school or the cessation of instructional activity at the school, the school owner shall submit to the Training Evaluation Unit a completed Close-Out Form made available by the Department of Labor and Workforce Development. (b)…

(a) Each private career school shall meet the minimum acceptable level of performance for each instructional program that it offers to students. (b) Failure of a private career school to meet the minimum acceptable level of performance for each instructional program offered by th…

(a) A Certificate of Approval may be suspended, revoked, or made conditional, if it is determined that the approved private career school has violated any of the provisions of N.J.S.A. 34:15C-10.1, this chapter, or N.J.A.C. 6A:19-7, or is found to be financially unsound. (b) In a…

(a) Where the Commissioners of the Departments of Labor and Workforce Development and Education become aware of any violation(s) of any of the provisions at N.J.S.A. 34:15C-10.1 or 34:15C-10.1.a, this chapter, or N.J.A.C. 6A:19-7, or that the private career school is financially …

(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…

The purpose of this subchapter is to set forth the grievance, hearing and review procedures required under the Federal Workforce Investment Act (WIA), 29 U.S.C. §§ 2801 et seq. Notes N.J. Admin. Code § 12:42-1.1

If the Secretary determines that any recipient under WIA, 29 U.S.C. §§ 2801 et seq., has discharged or in any other manner discriminated against a participant or against any individual in connection with the administration of the program involved, or against any individual becaus…

(a) Each local area and the State shall: 1. Provide information about the content of the grievance and complaint procedures required by this subchapter to participants and other interested parties affected by the local Workforce Investment System, including One Stop partners and …

(a) The remedies that may be imposed under local or State grievance procedures are enumerated at 29 U.S.C. § 2931(c)(3). Such remedies that may be imposed under this chapter for violation of any requirement under 20 U.S.C. § 2801 et seq. shall be limited to: 1. Suspension or term…

(a) Each local area shall follow, at a minimum, the grievance and hearing procedures set forth at N.J.A.C. 12:42-1.4. The local area grievance and hearing procedures shall apply to the following: 1. Grievances or complaints from participants and other interested parties affected …

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise: "Commissioner" means the Commissioner, New Jersey Department of Labor and Workforce Development or his or her authorized designee. "Compl…

(a) The grievance and hearing procedures at the local area level shall contain, at a minimum, the following requirements:1. Upon a participant's enrollment into a WIA program, the local area shall provide the participant with a written description of the grievance and hearing pro…

(a) If a participant, local recipient or other interested persons affected by local Workforce Investment programs does not receive a decision at the local area level within 60 days of filing the complaint or if either party is dissatisfied with the local hearing decision, either …

(a) Any interested parties who do not have recourse to the grievance and hearing procedures of a local area and who are affected by the Statewide Workforce Investment program, may submit to the Commissioner any grievances or complaints alleging a violation(s) of the requirements …

(a) Any unit or combination of units of general local government or a rural concentrated employment program grant recipient (as described at 29 U.S.C. § 2831(a)(2)(B)) that requests, but is not granted, automatic or temporary and subsequent designation as a local workforce invest…

(a) The Secretary investigates allegations arising through the grievance procedures described in N.J.A.C. 12:42-1.5 and 1.6, with the exception of complaints at the State level from complainants subject to testing and sanctioning for the use of controlled dangerous substances or …

(a) Complaints of discrimination from participants and other interested parties shall be handled in accordance with 29 U.S.C. § 2938(b), and the United States Department of Labor nondiscrimination regulations implementing that section. See 29 C.F.R. § 37. (b) Questions about or c…

(a) The purpose of this subchapter is to ensure accountability of local areas in meeting the needs of employers and job seekers, to ensure that local areas meet local performance measures, and to ensure adequate return from local areas on Federal and State investments. (b) This s…

(a) In each instance where the Assistant Commissioner intends to issue a corrective action and/or penalty determination, he or she shall first transmit to the Commission a written proposed corrective action and/or penalty determination. (b) The Commission shall, within 60 days of…

(a) If a local area and/or local board disagrees with the corrective action and/or penalty determination of the Assistant Commissioner under N.J.A.C. 12:42-3.1 0, the local area and/or local board may submit an appeal to the Commissioner in writing no later than 30 days after hav…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise: "Assistant Commissioner" means the Assistant Commissioner of Workforce Development within the New Jersey Department of Labor and Workforc…

(a) A local area shall meet or exceed local performance measures. (b) When setting local performance measures for a particular local area, local conditions may be taken into consideration including, but not limited to, specific economic conditions and demographic characteristics …

(a) If in a program year, a local area fails to meet local performance measures, the Department shall offer a series of interventions including basic technical assistance and development of a performance improvement plan. (b) A performance improvement plan is a plan that is joint…

If for two consecutive program years, a local area fails to meet the same local performance measure, the Department may assess corrective actions under N.J.A.C. 12:42-3.8 and/or penalties under N.J.A.C. 12:42-3.9 against a local area and/or a local board. Notes N.J. Admin. Code §…

(a) The Department may assess corrective actions under N.J.A.C. 12:42-3.8 and/or penalties under N.J.A.C. 12:42-3.9 against a local area and/or a local board for any of the following: 1. Failure to cooperate or comply with the Department's performance review and technical assista…

(a) In determining the appropriate corrective actions and/or penalties to assess against a local area and/or a local board under N.J.A.C. 12:42-3.8 and 3.9, respectively, the Department may consider the following factors: 1. The nature of the act(s) giving rise to the imposition …

(a) Where cause exists under N.J.A.C. 12:42-3.5 or 3.6, the Department may require the local area and/or the local board to engage in any or all of the following corrective actions: 1. Participation in technical and quality assurance activities; 2. Participation in training; 3. O…

(a) Where cause exists under N.J.A.C. 12:42-3.5 or 3.6, the Department may impose any or all of the following penalties on the local area and/or the local board: 1. Require payment by reimbursement only, with required supporting documentation; 2. Delay, suspend or deny contract p…

(a) The purpose of this subchapter is to establish procedures for the certification, recertification and decertification of local boards in accordance with N.J.S.A. 34:15C-15 and 29 U.S.C. § 2832. (b) This subchapter applies to all local areas and local boards throughout the Stat…