N.J. Admin. Code § 12:120-8.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:120-8.3 - Citizen complaints

(a) Any person who believes a violation of the provisions of the Act has occurred may file a citizen complaint petitioning the Commissioner of Labor and Workforce Development or Health to bring an enforcement action. The citizen complaint shall specify:

1. The alleged violation;

2. The facts constituting the alleged violation; and

3. The name and address of the citizen filing the complaint.

(b) Upon receipt of a citizen complaint, the Commissioner responsible for enforcement of the provision allegedly violated shall:

1. Give notice of the citizen complaint to the alleged violator within 10 calendar days;

2. Give notice to the complaining citizen and the alleged violator of the scheduling of an enforcement investigation inspection within 30 calendar days of the date of the complaint filing;

3. Afford the complaining citizen or his or her representative an opportunity to be present during the enforcement investigation inspection, provided the complaining citizen shall hold the State harmless from all legal liabilities arising out of the enforcement investigation including, but not limited to, litigation resulting from any potential exposure to asbestos;

4. Afford the complaining citizen access to all public records regarding the Commissioner's investigation; and

5. After investigation, the Commissioner shall render a final decision on the appropriate disposition of the complaint within 90 calendar days of the date of receipt of the citizen complaint.

(c) A public employee who files a citizen complaint pursuant to this section shall:

1. Have the right to accompany the Commissioner on an enforcement investigation inspection;

2. Receive payment of normal wages for the time spent during normal working hours on the inspection; and

3. Have all protections and rights as set forth under 34:6A-45.

N.J. Admin. Code § 12:120-8.3

Amended by 50 N.J.R. 1149(a), effective 4/16/2018