reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-135 - Employee, employer relationship under the act.

34:15-135 Employee, employer relationship under the act.
7. a. For the purposes of this act and R.S.34:15-36, a horse racing industry employee shall be deemed to be in the employment of the New Jersey Horse Racing Injury Compensation Board and in the employment of all standardbred owners, thoroughbred owners, or thoroughbred trainers, as the case may be, who are licensed or are required to be licensed by the commission and whose horses are stabled at a permitted New Jersey racetrack at the time of any occurrence for which workers' compensation benefits are payable pursuant to R.S.34:15-1 et seq. as supplemented by this act, and not solely in the employment of a particular owner or trainer. A horse racing industry employee shall not be deemed to be in the employment of the New Jersey Horse Racing Injury Compensation Board for any other purpose.
b. For the purposes of this act and R.S.34:15-36, the New Jersey Horse Racing Injury Compensation Board and all standardbred owners, thoroughbred owners, or thoroughbred trainers who are licensed or are required to be licensed by the commission and whose horses are stabled at a permitted New Jersey racetrack shall be deemed the employer of a horse racing industry employee at the time of any event for which workers' compensation benefits are payable pursuant to R.S.34:15-1 et seq., as supplemented by this act. The New Jersey Racing Injury Compensation Board shall not be deemed the employer of a horse racing industry employee for any other purpose.
c. With respect to horse racing industry employees, the requirements of R.S.34:15-1 et seq. regarding the provision of workers' compensation insurance by employers are satisfied in full by compliance with the requirements imposed upon standardbred owners, thoroughbred owners, and thoroughbred trainers by this act and any rules or regulations promulgated hereunder. If the responsible owner or trainer fails to comply with the requirements of this act or any rules or regulations promulgated hereunder and if the board is still required to pay the award on behalf of that owner or trainer who has been found to have violated this act or any rule or regulation promulgated hereunder, then the board is hereby authorized to impose a penalty on that owner or trainer in an amount not to exceed $10,000 per violation.
d. The provisions of this act shall not apply to employees of an owner or trainer who are not horse racing industry employees.
L.1995, c.329, s.7; amended 1998, c.11, s.3; 1999, c.378, s.4; 2008, c.11, s.5.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-136 - Computing wages

34:15-136. Computing wages
8. Notwithstanding the provision of any other law, in determining workers' compensation benefits pursuant to R.S.34:15-1 et seq., the wages of a horse racing industry employee shall be computed in the manner provided under R.S.34:15-37.
L.1995,c.329,s.8.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-136.1 - Documentation, maintenance of complete and accurate records of wages paid.

34:15-136.1 Documentation, maintenance of complete and accurate records of wages paid.
6. a. A thoroughbred trainer shall document and maintain complete and accurate records of all wages paid, whether by check or in cash, to stable employees and, notwithstanding the provisions of subsection b. of the definition of "Horse racing industry employee" in section 3 of P.L.1995, c.329 (C.34:15-131), to exercise riders who are hired in connection with the exercising or racing of a horse the trainer trains, who receive workers' compensation coverage through the policy secured by the board. A thoroughbred trainer shall produce these records within five days when directed to do so by the board or a designated agent of the board. The board is hereby authorized to impose a penalty in an amount not to exceed $1,000 per violation on any trainer who fails to produce complete and accurate records within the time period allotted by this subsection.
b. The appropriate horseman's bookkeeper, consistent with regulations promulgated by the New Jersey Racing Commission, shall document and maintain complete and accurate records of all wages paid, whether by check or in cash, to a jockey or jockey apprentice or driver who receives workers' compensation coverage through the policy secured by the board.
L.2008, c.11, s.6.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-137 - Act as supplemental to other arrangements

34:15-137. Act as supplemental to other arrangements
9. Nothing in this act shall affect any existing contract or policy of employers' liability insurance or the liability of any insurance company or provider, or any arrangement now existing between employers and employees, providing for the payment to such employees, their families, dependents or representatives of sick, accident or death benefits in addition to the workers' compensation coverage provided pursuant to this act; but the liability for such compensation shall not be reduced or affected by any insurance, contribution or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irrespective of any such insurance or other contract, have the right to recover the compensation directly from the employer under an existing contract or policy of employers' liability insurance. The board shall have the same rights provided other employers under R.S.34:15-40.
L.1995,c.329,s.9.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-138 - Plan of operation

34:15-138. Plan of operation
10. a. The board shall create a plan of operation to ensure fair, reasonable, and equitable administration. The plan of operation and any amendments thereto shall become effective upon approval in writing by the board.
b. The plan of operation shall constitute the bylaws of the board and shall in addition to the requirements enumerated elsewhere in this act:
(1) establish procedures for handling the assets of the board;
(2) establish regular places and times for meetings of the board;
(3) establish procedures for records to be kept of all financial transactions of the board and its agents;
(4) contain such additional provisions as the board may designate necessary or proper for the execution of the powers and duties of the board.
L.1995,c.329,s.10.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-139 - Commission examination, financial report

34:15-139. Commission examination, financial report
11. The board shall be subject to examination by the commission. The board shall submit to the commission no later than March 31 of each year, a financial report for the preceding calendar year in a form approved by the commission, and a report of its activities during the preceding calendar year.
L.1995,c.329,s.11.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-141 - Liability limited

34:15-141. Liability limited
13. a. The liability of the board and the State with respect to payment of any compensation, benefits, expenses, fees or disbursements properly chargeable against the board shall be limited to the assets held by the board and the board and the State shall not otherwise in any way or manner be liable for the making of any such payment.
b. The liability of the board under this act is limited to the provision of workers' compensation insurance coverage and any sanctions resulting from the failure to so provide. The board may purchase such insurance as necessary to protect any director, officer, agent or other representative from liability.
L.1995,c.329,s.13.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-142 - Applicability of R.S.34:15-1 et seq.

34:15-142. Applicability of R.S.34:15-1 et seq.
14. The provisions of R.S.34:15-1 et seq. shall apply to the provision of workers' compensation insurance under this act in all respects, except as otherwise specifically provided herein.
L.1995,c.329,s.14.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-143 - Definitions relative to electronic medical bills for workers' compensation claims.

34:15-143 Definitions relative to electronic medical bills for workers' compensation claims.
1. As used in this act:
"Complete electronic medical bill" means a medical bill that meets all of the following criteria: (1) it is submitted in the correct uniform billing format, with the correct uniform billing code sets, transmitted in compliance with the guidelines; (2) the bill and electronic attachments provide all information required pursuant to this act; and (3) the health care provider, its billing representative, or any company that has purchased the rights to pursue its bill has provided all information that the employer, employer's insurance carrier, or workers' compensation third party administrator requested.
"Electronic bill" means a communication between computerized data exchange systems that complies with the guidelines enumerated.
"Guidelines" means the format established by the Commissioner of Labor and Workforce Development in consultation with the Commissioner of Banking and Insurance pursuant to this act, which shall be based upon the International Association of Industrial Accident Boards and Commissions (IAIABC) Workers' Compensation Electronic Medical Billing Rule and Companion Guide.
L.2016, c.64, s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-144 - Rules, regulations.

34:15-144 Rules, regulations.
2. The Commissioner of Labor and Workforce Development shall adopt rules and regulations which:
a. require that all healthcare providers, their billing representative, or any company that has purchased the rights to pursue their bill submit complete electronic medical bills for payment on standardized electronic forms following the guidelines established pursuant to this act;
b. require employers, workers' compensation insurance carriers of employers, or workers' compensation third-party administrators to comply with the guidelines and accept electronic bills for the payment of medical services;
c. ensure confidentiality of medical information submitted on electronic bills for payment of medical services pursuant to the "Workers' Compensation Medical Information Confidentiality Act," sections 5 through 9 of P.L.2001, c.326 (C.34:15-128.1 et seq.);
d. require that employers, workers' compensation insurance carriers of employers, or workers' compensation third party administrators acknowledge receipt of a complete electronic medical bill to the party that sent the complete electronic medical bill in compliance with the guidelines;
e. provide that payment for a complete electronic medical bill deemed by the employer, workers' compensation insurance carrier, or the workers' compensation third-party administrator to be compensable shall be paid within 60 days or less; and
f. ensure that employers, workers' compensation insurance carriers for the employer, and their third party administrators may exchange electronic data and establish payment deadlines through PPO or IPA contracts or agreements with health care providers or their billing representatives in a non-prescribed format or timeline, independent of the guidelines.
L.2016, c.64, s.2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-145 - Jurisdiction vested in division.

34:15-145 Jurisdiction vested in division.
3. Exclusive jurisdiction for failure to comply with this act shall be vested in the division pursuant to R.S.34:15-15.
L.2016, c.64, s.3.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-146 - Inapplicability of act.

34:15-146 Inapplicability of act.
4. This act shall not apply to any provider that:
a. submits less than 25 medical bills per month to employers, workers' compensation insurance carriers, or the workers' compensation third-party administrators;
b. furnishes services only outside of the United States;
c. experiences a disruption in electricity and communication connections that are beyond its control; or
d. demonstrates that a specific and unusual circumstance exists that precludes submission of electronic bills. The Commissioner of Labor and Workforce Development may enumerate or provide examples of unusual circumstances that may preclude electronic submission.
L.2016, c.64, s.4.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15-147 - Offering of hiring preference to employee unable to return to previous position due to returning from a work-related injury.

34:15-147 Offering of hiring preference to employee unable to return to previous position due to returning from a work-related injury.
1. a. Following a work-related injury, an employer shall provide a hiring preference to an employee who has reached maximum medical improvement and is unable to return to the position at which the employee was previously employed for any existing, unfilled position offered by the employer for which the employee can perform the essential duties of the position.
b. For purposes of this section, "employer" means an employer who employs at least 50 persons, but shall not include a contractor as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50).
c. Nothing in this section requires an employer to create a new position to accommodate an employee who cannot return to the employee's former position following a work-related injury despite reaching maximum medical improvement or requires an employer to remove another employee from an existing and filled position that would be suitable for the injured employee.
d. This act shall not apply to athletes employed by professional sports teams.
e. Nothing in this section shall be construed to impair or affect any right of an individual with a disability to a reasonable accommodation under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).
L.2021, c.228.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15B-37 - Funding of on the job training.

34:15B-37 Funding of on the job training.
3. a. On the job training shall not be paid for with federal job training funds for any employment found by the commissioner to be of a level of skill and complexity too low to merit training.
b. The duration of on the job training for any individual shall not exceed the duration indicated by the Bureau of Labor Statistics' Occupational Information Network, or "O*NET," for the occupation for which the training is provided and shall in no case exceed 26 weeks. The department shall set the duration of on the job training for an individual for less than the indicated maximum, when training for the maximum duration is not warranted because of the level of the individual's previous training, education or work experience.
c. On the job training shall not be paid for with federal job training funds unless it is accompanied, concurrently or otherwise, by whatever amount of classroom-based or equivalent occupational training, remedial instruction or both, is deemed appropriate for the worker by the commissioner.
d. Each employer receiving federal job training funds for on the job training shall retain or place in permanent employment each trainee who successfully completes the training. The commissioner may, for a time period he deems appropriate, provide for the withholding of whatever portion he deems appropriate of the funding as a final payment for training, contingent upon the retention of a program completer as required pursuant to this section.
e. On the job training shall not be paid for with federal job training funds unless the trainee is provided benefits, pay and working conditions at a level and extent not less than the benefits and working conditions of other trainees or employees of the trainee's employer with comparable skills, responsibilities, experience and seniority.
L.1992,c.48,s.3; amended 2001, c.152, s.6; 2005, c.354, s.2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15B-39 - Eligibility for employment, training services.

34:15B-39 Eligibility for employment, training services.
5. An otherwise qualified individual shall not be denied employment and training services or other workforce investment services included in the Employability Development Plan developed for the individual pursuant to section 4 of this act for any of the following reasons: the services include remedial instruction needed by the individual to advance in the individual's current employment or occupation or to succeed in the occupational component of the training; the qualified displaced worker or other individual has identifiable occupational skills but the training services are needed to enable the individual to develop skills necessary to attain at least the level of self-sufficiency; the training is part of a program under which the individual may obtain a college degree enhancing the individual's marketable skills and earning power; the individual has previously received a training grant; the length of the training period under the program; or the lack of a prior guarantee of employment upon completion of the training, except for on the job training. This section shall not be construed as requiring that federal job training funds be used to pay for employment and training services or other workforce investment services for which other assistance, such as State or federal student financial aid, is provided.
L.1992,c.48,s.5; amended 2001, c.152, s.7; 2005, c.354, s.4.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15B-41 - Short title.

34:15B-41 Short title.
2. Sections 2 through 7 of P.L.2019, c.84 (C.34:15B-41 to C.34:15B-46) shall be known and may be cited as the "Sign Fabrication Safety Quality Assurance Act."
L.2019, c.84, s.2.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15B-42 - Findings, declarations relative to precautions in sign fabrication.

34:15B-42 Findings, declarations relative to precautions in sign fabrication.
3. The Legislature finds and declares that:
a. The general public is subject to serious safety risks when manufacturers and other facilities engaged in the fabrication of signs for governmental, commercial or other applications produce deficient, defective or otherwise unsafe signs.
b. Research from both government and industry sources reflects the widespread recognition that registered apprenticeship programs are an extremely effective mechanism for ensuring the development of a workforce that is properly trained and appropriately equipped with necessary skills and safety knowledge in their applicable craft.
c. The threat to public safety for the use of inferior or defective fabricated signs can be lessened by requiring that manufacturers of these products adhere to great safety and quality control requirements and ensure their manual workforce receives proper skill and safety training.
L.2019, c.84, s.3.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15B-43 - Definitions relative to precautions in sign fabrication.

34:15B-43 Definitions relative to precautions in sign fabrication.
4. As used in sections 2 through 7 of P.L.2019, c.84 (C.34:15B-41 to C.34:15B-46):
"Approved skill training program" means a sheet metal apprenticeship training program that is registered with the federal or a state government and provides both apprenticeship training and training to upgrade skills of journey persons in the skills of the sheet metal industry, including those relating to sign fabrication.
"Fabricated sign" means a sign, including a sign for government or public use, that exceeds 50 pounds in weight or 25 square feet in area, or exceeds 50 pounds in weight and is elevated or designed to be elevated 25 feet or more.
"Sign fabricator" means a manufacturer or other entity that produces fabricated signs.
L.2019, c.84, s.4.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15B-44 - Requirements for manufacture of fabricated signs; exceptions.

34:15B-44 Requirements for manufacture of fabricated signs; exceptions.
5. a. A person who manufactures any fabricated sign in New Jersey shall:
(1) provide an approved skill training program for employees who perform manual labor in connection with the production of fabricated signs; and
(2) maintain adequate quality control procedures to ensure that all fabricated signs it manufactures, distributes or sells comply with the manufacturing and engineering specifications required by, or incorporated into, any contractual agreement executed with another party.
b. A person who manufactures, distributes or sells a fabricated sign in New Jersey after the effective date of P.L.2019, c.84 (C.34:15B-41 et al.), shall affix to the sign a safety and quality assurance seal from the sign fabricator which certifies that the sign fabricator is in compliance with the requirements of subsection a. of this section.
c. The training requirements specified in paragraph (1) of subsection a. of this section shall not apply to a sign fabricator that employs five or fewer individuals who perform manual labor in sign manufacturing.
L.2019, c.84, s.5.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15B-45 - Violations, unlawful practice; civil penalty.

34:15B-45 Violations, unlawful practice; civil penalty.
6. a. It shall be unlawful for a person to manufacture, distribute, sell, or use a fabricated sign in violation of section 5 of P.L.2019, c.84 (C.34:15B-44).
b. In addition to any other penalties provided by law :
(1) a person who manufactures, distributes, sells, or uses a fabricated sign in violation of section 5 of P.L.2019, c.84 (C.34:15B-44) shall be subject to a civil penalty of 25 percent of the value of the contract for the sign, but not less than $5,000 for a first offense and not less than $10,000 for any subsequent offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this paragraph;
(2) a person who manufactures, distributes, sells, or uses a fabricated sign erected or maintained pursuant to P.L.1991, c.413 (C.27:5-5 et seq.) in violation of section 5 of P.L.2019, c.84 (C.34:15B-44) shall be subject to the penalties set forth in P.L.1991, c.413 (C.27:5-5 et seq.), including revocation of a license or permit pursuant to section 9 of P.L.1991, c.413 (C.27:5-13) and removal of a sign pursuant to section 11 of P.L.1991, c.413 (C.27:5-15).
(3) a person who manufactures a fabricated sign erected or maintained pursuant to P.L.1991, c.413 (C.27:5-5 et seq.) in violation of section 5 of P.L.2019, c.84 (C.34:15B-44) shall be liable for the cost to make all necessary adjustments or corrections to ensure the sign is not in violation of section 5 of P.L.2019, c.84 (C.34:15B-44) to any party who incurs that cost.
L.2019, c.84, s.6.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15B-46 - Severability.

34:15B-46 Severability.
7. The provisions of P.L.2019, c.84 (C.34:15B-41 et al.) shall be severable, and if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of P.L.2019, c.84 (C.34:15B-41 et al.).
L.2019, c.84, s.7.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-2 - State Employment and Training Commission; created

34:15C-2. State Employment and Training Commission; created
There is created in the Executive Branch of the State Government a commission which shall be known as the State Employment and Training Commission. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of Labor, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or by any board or officer thereof.
L.1989, c.293, s.5.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-4 - Appointment of executive director; duties

34:15C-4. Appointment of executive director; duties
The commission shall appoint an executive director. The executive director shall report to the chairperson of the commission and be responsible for administering the daily operations of the commission, and may appoint not more than four administrators. The executive director and the administrators shall serve in the State unclassified service. The commission may also hire and employ, pursuant to Title 11A, Civil Service, of the New Jersey Statutes, other professional, technical, and clerical staff as may be necessary to perform the functions assigned to the commission. The commission may call to its assistance and avail itself of the services of the employees of any other units of State government as it may require and as may be available to it for that purpose.
L.1989, c.293, s.7.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-5 - Purpose of commission.

34:15C-5 Purpose of commission.
8. The purpose of the commission shall be to develop and assist in the implementation of a State workforce investment policy with the goal of creating a coherent, integrated system of workforce investment programs and services which, in concert with the efforts of the private sector, will provide each citizen of the State with equal access to the learning opportunities needed to attain and maintain high levels of productivity and earning power. The principal emphasis of the workforce investment policy shall be developing a strategy to fill significant gaps in New Jersey's workforce investment efforts, with special attention to finding ways to mobilize and channel public and private resources to individuals who would otherwise be denied access to the training and education they need to make their fullest contribution to the economic well being of the State. To the extent practicable, the strategy shall emphasize types of training and education which foster the communication and critical thinking skills in workers and job seekers which will be of greatest benefit for long term career advancement.
L.1989,c.293,s.8; amended 2005, c.354, s.7.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-6.1 - Report evaluating, projecting State's workforce needs.

34:15C-6.1 Report evaluating, projecting State's workforce needs.
1. The commission shall, at least annually, prepare a report that evaluates and projects the State's workforce needs.
a. The report, at a minimum, shall include information that describes the following:
(1) the demand for various kinds of trained workers across all industry sectors or categories of occupations;
(2) the number of individuals receiving the credentials necessary to meet the demand for workers as described in paragraph (1) of this subsection;
(3) the absence or shortages of workforce training and educational programs available for individuals to receive the necessary credentials to meet the demand described in paragraph (1) of this subsection; and
(4) the public or private institutions or organizations that are capable of addressing the absence or shortages of training and educational programs, as described in paragraph (3) of this subsection, through the expansion of existing programs or the creation of new programs.
b. The commission shall encourage the use of the report by public and private institutions and organizations to evaluate, develop, and plan new and existing workforce training and educational programs.
c. The commission shall avail itself of the resources and data of the Department of Labor and Workforce Development and the Office of the Secretary of Higher Education in order to create the report.
d. The commission shall submit the report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and shall make the report available to the public by posting it on the commission's official website.
L.2015, c.280, s.1.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-8 - Establishment of performance standards for evaluating workforce investment system.

34:15C-8 Establishment of performance standards for evaluating workforce investment system.
11. a. The commission shall establish quantifiable performance standards for evaluating the workforce investment system, and guidelines for procedures to encourage and enforce compliance with those standards. The commission shall establish the standards and procedures in conjunction with any department or commission which funds or administers workforce investment programs.
The standards shall be designed to measure the success of the system in assisting the individuals it serves to attain and maintain high levels of productivity and earning power, through preparation for employment in occupations with significant opportunities for career advancement. The standards shall take into account the specific needs and characteristics of the target populations.
b. Each workforce investment program, including any program funded or established pursuant to the Workforce Investment Act of 1998, Pub. L. 105-220 (29 U.S.C. s. 2901 et seq.), the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998, Pub.L.105-332 (20 U.S.C. s.2301 et seq.), or the State Workforce Development Partnership Program, P.L.1992, c.43 (C.34:15D-1 et seq.), is hereby deemed to be subject to the performance standards and guidelines established pursuant to subsection a. of this section. The performance standards for the program shall be based on factors including, but not limited to:
(1) The percentage of trainees who are placed, following completion of the program, in employment in the occupation for which they are trained or who are enrolled for further education or training, if those enrollments are a goal of the program;
(2) The success of the program in sustaining or increasing the trainees' levels of earnings, based on the wage levels upon placement in employment, and the trainees' retention in employment; and
(3) (Deleted by amendment, P.L.2005, c.354.)
(4) The success of the program in facilitating the remedial instruction which the program is required to make available to trainees under standards established pursuant to section 14 of this act.
In establishing performance standards, the commission shall not use criteria which may adversely affect the assessment of a program because of any emphasis the program may have on long-term occupational training and instruction.
The commission shall establish dates by which each department administering workforce investment programs shall adopt the standards and guidelines for use in the planning, budgeting and administration of those programs.
The standards shall apply to a program which is State or federally funded except to the extent that application of the standards would prevent the program from receiving the federal funding.
L.1989,c.293,s.11; amended 2005, c.354, s.10.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-10 - Commission shall establish requirements for each workforce investment program.

34:15C-10 Commission shall establish requirements for each workforce investment program.
13. The commission shall establish such requirements as it deems appropriate for each workforce investment program to utilize the comprehensive occupational information compiled and disseminated by the Center for Occupational Employment Information established pursuant to section 27 of P.L.2005, c.354 (C.34:1A-86) and other information developed cooperatively by the Department of Labor and Workforce Development and the commission for program planning and individual career decision-making.
L.1989,c.293,s.13; amended 2005, c.354, s.11.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-10.3 - Definitions.

34:15C-10.3 Definitions.
14. As used in sections 14 through 20 of P.L.2021, c.27 (C.34:15C-10.3 through C.34:15C-10.9):
"Closure" means the cessation of operations by a private career school.
"Commissioner" means the Commissioner of Labor and Workforce Development.
"Disorderly closure" means a closure that does not meet the requirements of P.L.2021, c.27 (C.18A:3B-90 et al.).
"Eligible transfer institution" means a private career school that has been approved by the commissioner pursuant to section 17 of P.L.2021, c.27 (C.34:15C-10.6).
"Institutional debt" means:
(1) the amount outstanding on any credit, including unpaid charges, extended by or on behalf of a private career school that a student is obligated to repay, whether the amount has been reduced to a judgment or the school classifies it as a loan; or
(2) a nonfederal loan or debt agreement that is issued expressly for postsecondary education expenses and that is guaranteed by a private career school or a private educational lender that is affiliated with a private career school.
"Institutional financial aid agreement" means any contract, promissory note, part of an enrollment agreement, or other agreement in which a student agrees to pay an institutional debt.
"Orderly closure" means a closure that meets the requirements of P.L.2021, c.27 (C.18A:3B-90 et al.).
"Private career school" means a privately owned and privately operated postsecondary school, other than an institution of higher education or proprietary institution licensed to offer academic degrees, that furnishes or offers to furnish programs, whether or not requiring a payment of tuition or fee, for the purpose of training, retraining, or upgrading individuals for gainful employment as workers in recognized or emerging occupations.
"Student" means an individual enrolled at a private career school in New Jersey, or a New Jersey resident enrolled at a private career school located outside of this State.
"Teach-out agreement" means a written agreement between schools that provides for the equitable treatment of students and a reasonable opportunity for students to complete their program of study if a school, or a school location that provides 100 percent of at least one program offered, ceases to operate before all enrolled students have completed their program of study.
"Teach-out plan" means a written plan developed by the school that provides for the equitable treatment of students if a school, or a school location, ceases to operate before all students have completed their program of study, and may include, if required by the school's accrediting agency, a teach-out agreement between schools.
L.2021, c.27, s.14.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-10.4 - Applicability.

34:15C-10.4 Applicability.
15. a. Sections 14 through 20 of P.L.2021, c.27 (C.34:15C-10.3 through C.34:15C-10.9) shall apply to a private career school that operates in this State.
b. A private career school shall provide the commissioner a teach-out plan that addresses a potential closure of the school. The teach-out plan shall be updated as required by the commissioner.
c. A teach-out plan shall include any information required by the commissioner and shall state that:
(1) the school shall make all reasonable efforts to ensure that any closure of a school complies with the requirements of P.L.2021, c.27 (C.18A:3B-90 et al.);
(2) the chief executive officer and the members of the governing body of the school were not in an executive position or a member of a governing body of a school in which a disorderly closure occurred; and
(3) any institutional financial aid agreement offered to a student shall contain language stating that, in the event of a disorderly closure, the institutional debt shall be void and shall not be recovered, collected, or enforced.
d. The commissioner shall seek an injunction or other judicial remedy against a private career school that fails to comply with the requirements of this section, including requiring the school to refund all tuition and fees paid by any student.
L.2021, c.27, s.15.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-10 - Private career school entrance into school-to-school teach-out agreement.

34:15C-10. Private career school entrance into school-to-school teach-out agreement.
16. a. A private career school shall enter into a school-to-school teach-out agreement at least 120 days prior to the cessation of school operations.
b. In order to satisfy the requirements of this section, a school-to-school teach-out agreement shall:
(1) be arranged by the closing private career school;
(2) be agreed to by an eligible transfer institution, the closing private career school, and the commissioner; and
(3) unless waived for good cause by the commissioner, specify that the eligible transfer institution shall:
(a) be located within a reasonable distance of the closing school, if the closing school has a physical presence in the State;
(b) accept the transfer of all completed credits from students affected by the closure; and
(c) allow a student affected by the closure to complete the student's program with substantially the same number of credit hours as was required by the closing school; and
(4) not charge a student tuition or fees in excess of the lesser of:
(a) the remaining amount that a student affected by the closure would have paid to the closing school to complete the program; or
(b) the transfer institution's applicable tuition and fees; and
(5) specify that, on request by a student affected by the closure, the closing school shall provide a complete academic record and an official transcript to the student at no cost to the student.
L.2021, c.27, s.16.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-10.6 - Approval of private career school to act as eligible transfer institution.

34:15C-10.6 Approval of private career school to act as eligible transfer institution.
17. a. The Commissioner of Labor and Workforce Development shall approve a private career school to act as an eligible transfer institution if the school:
(1) is in good standing with its accreditor and, if applicable, its licensing body;
(2) if applicable, has not been sanctioned by the United States Department of Education due to having a high cohort loan default rate;
(3) has not been placed on Heightened Cash Monitoring Payment Method Level 2 by the United States Department of Education;
(4) within the previous five years, has not entered into any settlement agreements related to a consumer protection law with a law enforcement agency, or had any judgments related to a consumer protection law entered against it in favor of a law enforcement agency; and
(5) meets the requirements provided in section 16 of P.L.2021, c.27 (C.34:15C-10.5), and any additional standards provided pursuant to subsection b. of this section.
b. The commissioner may establish additional standards on a case-by-case basis for approving an eligible transfer institution.
L.2021, c.27, s.17.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-10.7 - Essential records filed by private career school.

34:15C-10.7 Essential records filed by private career school.
18. a. Before any private career school ceases operations, the school shall file with the commissioner copies of all essential records of the current or former students of the school. The obligation of a school under this section shall not be discharged in bankruptcy.
b. The records shall present, as separate documents:
(1) the official academic transcript of each student;
(2) any other academic information usually required by private career schools when considering students for transfer or advanced study; and
(3) if requested by the commissioner, the financial aid and financial account information of each student.
c. The records shall be accompanied by an affidavit as to the accuracy and completeness of the records on behalf of the school's board of trustees, bursar, chief administrative officer, chief executive officer, chief financial officer, or registrar.
d. The commissioner shall maintain a permanent file of all records filed with the commissioner under this section.
e. (1) If a student who attended a private career school that closed in accordance with P.L.2021, c.27 (C.18A:3B-90 et al.) requests a copy of the student's official academic transcript from the commissioner and the commissioner determines that the requested transcript is missing, incomplete, or in a format inaccessible to the student, the commissioner may issue a replacement transcript for the student based solely on the most recent information provided by the school that the student attended.
(2) A replacement transcript issued in accordance with paragraph (1) of this subsection shall be signed by a designee of the commissioner, contain an explanation of the closure of the school, and contain an explanation of the source of all information contained in the replacement transcript.
f. (1) Except as provided in paragraph (2) of this subsection, a replacement transcript issued in accordance with this section shall be accepted as an official transcript by any private career school operating in the State.
(2) For purposes of student transfer, a private career school may consider, instead of or in addition to a replacement transcript, an unofficial transcript or other transcript information provided by the student that the receiving institution or program deems relevant.
g. (1) The commissioner shall adopt regulations necessary to carry out the provisions of this section, which shall include the manner and format in which student records are to be filed with the commissioner, and a description of the circumstances under which a private career school may cease operation.
h. If a private career school does not file all essential records with the commissioner in accordance with this section, the commissioner may:
(1) require the school to refund all tuition and fees paid by a student whose records are not filed in accordance with this section; and
(2) seek an injunction or other judicial remedy against the private career school.
L.2021, c.27, s.18.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-10.8 - Unlawful practice, violation.

34:15C-10.8 Unlawful practice, violation.
19. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any private career school, person, or entity to collect on a student's institutional debt if the institutional financial aid agreement does not contain the language required under paragraph (3) of subsection c. of section 15 of P.L.2021, c.27 (C.34:15C-10.4).
b. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a private career school to collect on the institutional debt of a student who attended a program in which a disorderly closure occurred.
L.2021, c.27, s.19.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-10.9 - Rules, regulations.

34:15C-10.9 Rules, regulations.
20. The Commissioner of Labor and Workforce Development, in consultation with the Commissioner of Education, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of sections 14 through 19 of P.L.2021, c.27 (C.34:15C-10.3 through C.34:15C-10.8).
L.2021, c.27, s.20.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-12 - Preparation of annual budget for commission, funding.

34:15C-12 Preparation of annual budget for commission, funding.
15. a. The chairperson of the commission shall prepare an annual budget for the commission. Resources to support the activities of the commission and commission staff shall be contributed by each of the State's workforce investment system's partner State departments. Up to 15 percent of allowable State administrative funds from all federally supported and State-supported workforce investment programs may be used to support the commission.
b. Funding for the commission and local Workforce Investment Boards shall be obtained from all workforce investment programs. Funding shall be established cooperatively by the departments who are partners to the workforce investment system. The Commissioner of Labor and Workforce Development, in consultation with the commission, shall set criteria and standards for any Workforce Investment Board administrators hired with these administrative resources.
L.1989,c.293,s.15; amended 2005, c.354, s.16.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-13 - Rules, regulations

34:15C-13. Rules, regulations
The commission shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of this act.
L.1989, c.293, s.16.
2023 New Jersey Revised Statutes › Title 34 - Labor and Workmen's Compensation › Section 34:15C-15.1 - Workforce investment board to maintain Internet website, webpage; contents.

34:15C-15.1 Workforce investment board to maintain Internet website, webpage; contents.
2. Each Workforce Investment Board shall maintain either an Internet website or a webpage on the county's Internet website. The purpose of the website or webpage shall be to provide increased public access to the board's operations and activities. The following information, if applicable, shall be posted on the board's website or webpage:
a. a description of the board's mission and responsibilities;
b. the budget once adopted for the current and immediately prior fiscal years. Commencing with the fiscal year next following the effective date of P.L.2011, c.167 (C.4:24-20.1 et al.), the budgets of at least three consecutive fiscal years shall be available on the website or webpage;
c. the most recent Comprehensive Annual Financial Report or similar financial information;
d. the annual audit for the most recent and immediately prior fiscal years. Commencing with the fiscal year next following the effective date of P.L.2011, c.167 (C.4:24-20.1 et al.), the annual audits of at least three consecutive fiscal years shall be available on the website or webpage;
e. the board's rules, regulations, and official policy statements deemed relevant by the board to the interests of the residents within the county;
f. notice, posted pursuant to the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), of a meeting of the Workforce Investment Board, setting forth the time, date, location, and agenda of the meeting;
g. the approved minutes including all resolutions of the board for each meeting of the Workforce Investment Board and its committees for the current fiscal year. Commencing with the fiscal year next following the effective date of P.L.2011, c.167 (C.4:24-20.1 et al.), the approved minutes of meetings for at least three consecutive fiscal years shall be available on the website or webpage;
h. the name, mailing address, electronic mail address, if available, and phone number of every person who exercises day-to-day supervision or management over some or all of the operations of the Workforce Investment Board; and
i. a list of attorneys, advisors, consultants, and any other person, firm, business, partnership, corporation, or other organization which received any remuneration of $17,500 or more during the preceding fiscal year for any service whatsoever rendered to the Workforce Investment Board.
L.2011, c.167, s.2.