reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 41 - PRIVATE CAREER SCHOOLS › Subchapter 4 - SCHOOL OPERATIONS REQUIREMENTS › Section 12:41-4.1 - Refund policy

Current through Register Vol. 56, No. 14, July 15, 2024
(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 books, equipment, and tools purchased from the school and issued to the student. The school may refund a portion of the monies paid if the books, equipment, and tools are in proper condition for resale;
3. For courses of 300 hours or less, the school may retain the registration fee plus a pro-rata portion of the tuition calculated on a weekly basis;
4. For full-time attendance in courses exceeding 300 hours in length, but not exceeding 1,200 hours, the school may retain the registration fee plus:
i. Ten percent of the total tuition, if withdrawal occurs in the first week;
ii. Twenty percent of the total tuition, if withdrawal occurs in the second or third week;
iii. Forty-five percent of the total tuition, if withdrawal occurs after the third week, but prior to the completion of 25 percent of the course; and
iv. Seventy percent of the total tuition, if withdrawal occurs after 25 percent, but not more than 50 percent of the course;
5. For part-time attendance in courses over 300 hours in length, calculation of the amount the school may retain in addition to the registration fee shall be:
i. Ten percent of the total tuition, if withdrawal occurs in the first 25 hours of scheduled attendance;
ii. Twenty percent of the total tuition, if withdrawal occurs between 26 and 75 hours of scheduled attendance; or
iii. Calculated on the same basis as for full-time attendance pursuant to (a)4iii through iv above after 75 hours of scheduled attendance;
6. In cases where other fees have been charged, the refund shall be based upon the extent to which the student has benefited. For example, the graduation fee shall be refunded; the activity fee shall be pro-rated;
7. Refunds shall be made payable to the student or any local, state, or Federal agency that paid tuition or paid for fees, books, materials, or supplies on behalf of the student;
8. Refunds shall be issued by check within 10 business days of the date of withdrawal or termination of the student;
9. Each refund shall be accompanied by a "Refund Calculation Form," which form shall be signed by a school representative (the form will be made available by the Department of Labor and Workforce Development); and
10. The refund policy shall be published in the school catalog, student contract, and School and Program Information Form (See N.J.A.C. 12:41-4.3 ).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 41 - PRIVATE CAREER SCHOOLS › Subchapter 4 - SCHOOL OPERATIONS REQUIREMENTS › Section 12:41-4.2 - Complaint resolution procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(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 school to respond to complaint; and
4. A method for students to file an appeal.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 41 - PRIVATE CAREER SCHOOLS › Subchapter 4 - SCHOOL OPERATIONS REQUIREMENTS › Section 12:41-4.3 - School and Program Information Form

Current through Register Vol. 56, No. 14, July 15, 2024
(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 of each program;
3. School's complaint resolution procedure;
4. School's tuition, fees, and refund policy;
5. Listing of certificates, licenses, and other professional credentials available upon completion of each program; and
6. A statement informing prospective students that the school's post-training placement information is available at
www.njtopps.com
.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 41 - PRIVATE CAREER SCHOOLS › Subchapter 4 - SCHOOL OPERATIONS REQUIREMENTS › Section 12:41-4.4 - Deceptive marketing and recruiting practices prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
(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 staff to students regarding licensure, certifications, job placement, salaries to be earned upon completion of training, or any other promise from the school to a student, shall be made in writing.
(c) Each private career school is expressly prohibited from making any false or untrue statement regarding the school's State approval status.
(d) Each private career school is prohibited from including the following words within its business name: "college," "university," "State," or "New Jersey."
(e) Each private career school is prohibited from issuing "diplomas" pursuant to
18A:68-3(a)
.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 41 - PRIVATE CAREER SCHOOLS › Subchapter 4 - SCHOOL OPERATIONS REQUIREMENTS › Section 12:41-4.5 - Continuing compliance obligation

Current through Register Vol. 56, No. 14, July 15, 2024
Each private career school shall be under a continuing obligation between certificate renewal cycles to ensure compliance with the requirements of
34:15C-10.1
, this chapter, and N.J.A.C. 6A:19-7.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 41 - PRIVATE CAREER SCHOOLS › Subchapter 4 - SCHOOL OPERATIONS REQUIREMENTS › Section 12:41-4.6 - Monitoring and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
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
34:15C-10.1
, N.J.A.C. 6A:19-7, and this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 41 - PRIVATE CAREER SCHOOLS › Subchapter 4 - SCHOOL OPERATIONS REQUIREMENTS › Section 12:41-4.7 - School closure

Current through Register Vol. 56, No. 14, July 15, 2024
(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) The Close-Out Form referred to in (a) above, shall include the closing school owner's plan to protect the educational and financial interests of students enrolled at the school.
1. For example, regarding protection of the educational interest of students, the closing school owner may submit a teach-out plan, which details how the closing school owner will ensure the completion of the educational programs of enrollees, whether by completion of the program(s) by the closing school following official closure of the school or by finding another private career school(s) to accept the enrollees as students for the purpose of completing the program(s) for which they were enrolled at the closing school.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 41 - PRIVATE CAREER SCHOOLS › Subchapter 5 - PENALTIES AND HEARINGS › Section 12:41-5.1 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(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
34:15C-10.1
, this chapter, or N.J.A.C. 6A:19-7, or is found to be financially unsound.
(b) In assessing a suspension, revocation, or placement of conditions upon the continued possession of a Certificate of Approval under this chapter, the Commissioners of the Department of Labor and Workforce Development and the Department of Education, shall consider the following factors, where applicable:
1. The seriousness of the violation;
2. The past history of previous violations by the private career school or by the owner of the private career school;
3. The good faith of the private career school; and
4. Any other factors which the Commissioners of the Department of Labor and Workforce Development and the Department of Education deem to be appropriate under the circumstances.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 41 - PRIVATE CAREER SCHOOLS › Subchapter 5 - PENALTIES AND HEARINGS › Section 12:41-5.2 - Commissioners' order to show cause

Current through Register Vol. 56, No. 14, July 15, 2024
(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 of
34:15C-10.1
, this chapter, or N.J.A.C. 6A:19-7, or that the private career school is financially unsound, which, if true, would entitle the Commissioners to revoke, suspend, or place condition(s) on the continued possession of a Certificate of Approval, the Commissioners may accord the private career school an opportunity to present its views preliminary to imposing such sanction by issuing an order directing the private career school to show cause why such sanction should not be imposed. A statement of the factual details and investigative findings supporting the charge shall accompany the order. This procedure shall not be in lieu of a contested case hearing under N.J.A.C. 12:41-5.3, and the right to a contested case hearing is independent of, and in addition to, this step.
(b) Where it is determined by the Commissioners that the private career school and its owner(s) have failed to show cause why the sanction sought by the Commissioners should not be imposed, such sanction shall immediately be imposed.
(c) Where a sanction is imposed immediately under (b) above based upon the private career school's failure to show cause why the sanction should not be imposed, the Commissioners shall, within five business days, issue to the private career school the written notice required under N.J.A.C. 12:41-5.3(a), which shall notify the private career school of the reasons for the suspension, revocation, or placement of conditions on continued approval and which shall provide the opportunity for a hearing, in accordance with the Administrative Procedure Act,
52:14B-1
et seq., and
52:14F-1
et seq., and the Uniform Administrative Procedure Rules,
N.J.A.C. 1:1
.
(d) Where the Certificate of Approval of a private career school is revoked or suspended immediately under (b) above based upon the private career school's failure to show cause why such sanction should not be imposed, the private career school shall, within 10 business days, surrender its Certificate of Approval by way of certified mail to the address listed at N.J.A.C. 12:41-5.3 (b)1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 41 - PRIVATE CAREER SCHOOLS › Subchapter 5 - PENALTIES AND HEARINGS › Section 12:41-5.3 - Contested case hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(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-1
et 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
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL › Section 12:42-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL › Section 12:42-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each local area shall follow, at a minimum, the grievance and hearing procedures set forth at 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 by the local Workforce Investment System, including one-stop partners and service providers, which allege violations of the requirements of the WIA and/or provisions of a related agreement(s); and
2. Individuals alleging labor standards violations under 29 U.S.C. § 2931(b). An individual alleging a labor standards violation may submit his or her grievance to binding arbitration in lieu of the grievance and hearing procedures established by the local area pursuant to this section, in the event that a collective bargaining agreement covering the parties to the grievance so provides.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL › Section 12:42-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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.
"Complainant" means an individual, group or agency that files a formal grievance or complaint alleging violation(s) of the WIA and/or the provisions of a related agreement(s).
"Director" means the Director of the Division of One-Stop Coordination and Support, Workforce New Jersey, New Jersey Department of Labor and Workforce Development.
"Eligible training provider" means a training provider identified in accordance with 29 U.S.C. § 2842(e)3.
"Local area" means a local workforce investment area designated under 29 U.S.C. § 2831.
"Local board" means a local Workforce Investment Board as described in 29 U.S.C. § 2832(b).
"Local recipient" means any person or government department, agency or establishment (private-for-profit/nonprofit) that receives Federal WIA funds through a local area in order to carry out WIA programs, but does not include an individual who is a beneficiary of such a program.
"One-stop partner" means an entity described at 29 U.S.C. § 2841(d).
"Participant" means an individual who has been determined to be eligible to participate in and who is receiving services (except follow-up services authorized under the WIA) under a program authorized by the WIA. Participation shall be deemed to commence on the first day, following determination of eligibility, on which the individual began receiving subsidized employment, training, or other services provided under the WIA.
"Recipient" means the State of New Jersey.
"Respondent" means the individual, group or agency against whom a complaint has been filed and to whom the opportunity to participate in the complaint resolution process is provided.
"Secretary" means the United States Secretary of Labor.
"State Board" means the State Workforce Investment Board established pursuant to 29 U.S.C. § 2821 which is the State Employment and Training Commission established pursuant to 34:15C-1 et seq.
"State Employment and Training Commission" means the Commission established pursuant to 34:15C-1 et seq.
"WIA" means the Workforce Investment Act of 1998, 29 U.S.C. §§
										2801 et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL › Section 12:42-1.5 - Appeal of local level decisions to the State

Current through Register Vol. 56, No. 14, July 15, 2024
(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 party may appeal to the State.
1. A Notice of Appeal shall be filed within 30 days of receipt of the adverse decision or the date on which the complainant and respondent should have received a decision.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL › Section 12:42-1.6 - Review procedures for matters initiated at the State level

Current through Register Vol. 56, No. 14, July 15, 2024
(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 of the WIA and/or provisions of a related agreement(s).
(b) Any providers of training services who have been denied eligibility by a local board or the designated State agency pursuant to 29 U.S.C. § 2842(b), (c) or (e); whose eligibility has been terminated or otherwise adversely affected by a local board or State agency pursuant to 29 U.S.C. § 2842(f); or who has been denied eligibility as a provider of on-the-job training or customized training by a one-stop operator under 29 U.S.C. § 2842(h), may submit to the Commissioner any grievances or complaints regarding such actions.
(c) Any participants subject to testing for the use of controlled dangerous substances and participants who are sanctioned after testing positive for the use of controlled dangerous substances may submit to the Commissioner any grievances or complaints regarding such actions.
(d) Upon receipt of the written request for review, the agency shall provide the complainant and respondent with written acknowledgment of the request. The written acknowledgment shall set forth that the complainant and respondent may present documentary evidence within five business days of receipt of the acknowledgment, that they deem necessary in order for the agency to render a decision. The agency shall review the documentary evidence presented by the parties and shall request any additional information or conduct any investigation necessary to render a decision.
(e) The agency's decision shall be based on the written record and rendered within 20 days after receipt of the request for review submitted by the parties. The decision shall advise the parties of the right to an impartial hearing.
1. The agency shall offer the parties the opportunity to resolve the complaint informally prior to rendering a decision based on the written record.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL › Section 12:42-1.7 - Review procedures for matters before the State Board

Current through Register Vol. 56, No. 14, July 15, 2024
(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 investment area pursuant to 29 U.S.C. § 2831(a)(2) or 2831(a)(3) may submit to the State Board an appeal of such an action. All appeals must be submitted in writing.
(b) Upon receipt of the written appeal, the agency shall provide the appellant with the opportunity to present documentary evidence. The agency shall review the documentary evidence presented by the appellant and shall request any additional information or conduct any investigation necessary to render a decision.
(c) The agency's decision shall be based on the written record and rendered within 20 days after receipt of the request for review. The decision shall advise the parties of the right to an impartial hearing.
1. The agency shall offer the parties the opportunity to resolve the complaint informally prior to rendering a decision based on the written record.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL › Section 12:42-1.8 - Federal review procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Secretary investigates allegations arising through the grievance procedures described in 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 from training providers denied eligibility or terminated as eligible training providers, when:
1. A decision relating to a grievance or complaint under 12:42-1.5 or 1.6 has not been reached within 60 days of receipt of the grievance or complaint or within 60 days of receipt of the request for appeal of a local level grievance and either party appeals to the Secretary; or
2. A decision relating to a grievance or complaint under 12:42-1.5 or 1.6 has been reached and the adversely affected party seeks an appeal to the Secretary.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL › Section 12:42-1.9 - Discrimination against participants

Current through Register Vol. 56, No. 14, July 15, 2024
(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 complaints alleging a violation of the nondiscrimination provisions of 29 U.S.C. § 2938 may be directed or mailed to the Director, Civil Rights Center, U.S. Department of Labor, Room N4123, 200 Constitution Avenue, NW, Washington, D.C. 20210, for processing.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL › Section 12:42-1.10 - Protection against reprisal

Current through Register Vol. 56, No. 14, July 15, 2024
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 because such individual has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding or investigation under or related to this chapter, or otherwise unlawfully denied to any individual a benefit to which that individual is entitled under the provisions of this chapter or the Secretary's regulations, the Secretary shall, within 30 days, take such action or order such corrective measures, as necessary, with respect to the recipient or the aggrieved individual, or both.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL › Section 12:42-1.11 - Disclosure of information regarding grievance and complaint procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(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 service providers;
2. Require that every entity to which it awards WIA funds must provide the information referred to in (a)1 above to participants receiving WIA-funded services from such entities; and
3. Must make reasonable efforts to assure that the information referred to in (a)1 above will be understood by affected participants and other individuals, including youth and those who are limited, English-speaking individuals. Such efforts must comply with the language requirements of 29 C.F.R. §
											37.35 regarding the provision of services and information in languages other than English.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL › Section 12:42-1.12 - Remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(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 termination of payments under the WIA;
2. Prohibition of placement of a participant with an employer that has violated any requirement under the WIA;
3. Where applicable, reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment; and
4. Where appropriate, other equitable relief.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES › Section 12:42-3.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(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 subchapter applies to all local areas and local boards throughout the State.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES › Section 12:42-3.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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 Workforce Development or his or her designee.
"Commission" means the New Jersey State Employment and Training Commission.
"Commissioner" means the Commissioner of the New Jersey Department of Labor and Workforce Development or his or her designee.
"Corrective action plan" means a plan developed and imposed by the Department, which directs the local area to take Department-identified actions within a specified time frame, which actions are designed to correct specific instances of non-compliance by the local area or other local area deficiencies.
"Department" means the New Jersey Department of Labor and Workforce Development.
"Local area" means a local workforce investment area designated under 29 U.S.C. § 2831.
"Local board" means a local Workforce Investment Board as described in 29 U.S.C. § 2832(b).
"Local performance measures" means "local performance measures" as that term is defined at 29 U.S.C. § 2871(c).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES › Section 12:42-3.3 - Performance

Current through Register Vol. 56, No. 14, July 15, 2024
(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 of the local area.
(c) A local area's achievement of high levels of performance may result in the Department providing incentives for the local area.
(d) A local area's failure to meet local performance measures may result in technical assistance under 12:42-3.4, corrective actions under 12:42-3.8 and/or penalties under 12:42-3.9.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES › Section 12:42-3.4 - Year one-failure to meet local performance measures

Current through Register Vol. 56, No. 14, July 15, 2024
(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 jointly developed between the Department and the local area to assist the local area with improving compliance or performance through specific technical assistance or training, which may include the following:
1. Identification of one or more specific performance improvement issues;
2. Assessment of specific technical assistance or training needs;
3. Selection of one or more specific technical assistance or training activities to be implemented;
4. Identification of the appropriate entities to provide the technical assistance or training, including the Department, the Commission, other local areas or other entities;
5. Identification of a timeline for completion of the technical assistance or training; and
6. Specific dates for reassessment of technical assistance or training needs and completion of the specific technical assistance or training.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES › Section 12:42-3.5 - Year two-failure to meet local performance measures

Current through Register Vol. 56, No. 14, July 15, 2024
If for two consecutive program years, a local area fails to meet the same local performance measure, the Department may assess corrective actions under 12:42-3.8 and/or penalties under 12:42-3.9 against a local area and/or a local board.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES › Section 12:42-3.6 - Other causes for corrective actions and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may assess corrective actions under 12:42-3.8 and/or penalties under 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 assistance activities and services, including the performance improvement plan;
2. Failure to cooperate or comply with a corrective action plan;
3. Willfully hindering the Commissioner or any Department representative in the performance of his or her duties in the enforcement of this subchapter;
4. Failure to comply with Federal law or regulations;
5. Failure to comply with State statutes or rules; or
6. Failure to comply with one or more contract provisions.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES › Section 12:42-3.7 - Standard for appropriateness of corrective actions and/or penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining the appropriate corrective actions and/or penalties to assess against a local area and/or a local board under 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 of corrective actions and/or penalties by the Department; that is the severity, duration or extent of that act(s); and
2. The history of corrective actions and/or penalties imposed by the Department on the local area and/or the local board.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES › Section 12:42-3.8 - Corrective action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where cause exists under 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. On-site visits by the Department to monitor and assist with daily operations of the local area and/or the local board;
4. Cooperation with the Department in the Department's development of a corrective action plan for the local area;
5. Timely implementation of a corrective action plan;
6. Submission to the Department of additional and/or more detailed financial and/or performance reports;
7. Department-directed meetings between Department officials, the local board chair, local board members, the local board's Executive Director and/or the local area's elected officials;
8. Formal Department presentation to the local area's elected officials and/or local board members; or
9. Any other corrective action deemed appropriate by the Department.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES › Section 12:42-3.9 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where cause exists under 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 payments;
3. Reduce or deobligate local area funds;
4. Find local area ineligible for additional discretionary funds;
5. Terminate a contract between the Department and the local area and/or the local board;
6. Restructure the local board, including decertification of the current local board and appointment and certification of a new local board;
7. Merge the local area into one or more other local areas;
8. Prohibit the use of particular service providers or One-Stop partners that have been identified as achieving poor levels of performance; or
9. Any other penalty deemed appropriate by the Department.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES › Section 12:42-3.10 - Corrective action and penalty determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(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 its receipt of a proposed corrective action and/or penalty determination from the Assistant Commissioner under (a) above, return to the Assistant Commissioner a written recommendation with regard to the proposed corrective action and/or penalty.
(c) The Assistant Commissioner shall, within 30 days of receipt of the Commission's recommendation under (b) above with regard to a particular proposed corrective action and/or penalty, issue a written corrective action and/or penalty determination.
(d) The Assistant Commissioner may, when issuing a written corrective action and/or penalty determination under (c) above, accept or reject any portion of the Commission's recommendation or may accept or reject the Commission's recommendation in its entirety.
(e) All corrective action and penalty determinations under (c) above shall be issued in writing to the local board's Executive Director or administrative officer, to the local board's chair, to the chief elected official of the local area, to the fiscal agent of the local area and to the Commission.
(f) All corrective action determinations issued under (c) above shall contain the following information:
1. The cause for corrective action;
2. The corrective action required, including the timeline for completing the corrective action; and
3. Appeal rights under 12:42-3.1 1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 3 - LOCAL WORKFORCE INVESTMENT AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS: PERFORMANCE, TECHNICAL ASSISTANCE, CORRECTIVE ACTIONS AND PENALTIES › Section 12:42-3.11 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a local area and/or local board disagrees with the corrective action and/or penalty determination of the Assistant Commissioner under 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 having received notice of the corrective action and/or penalty determination being appealed.
(b) All appeals submitted to the Commissioner in writing under (a) above shall state the basis for the appeal and shall include any documentary evidence that the local area and/or local board would like the Commissioner to review prior to rendering his or her decision.
(c) The Commissioner shall review the documentary evidence presented by the local area and/or local board and shall request any additional information or conduct any investigation necessary to render a decision.
(d) The Commissioner's decision shall be based on the written record and shall be rendered within 30 days after receipt of the appeal.
(e) If a local area and/or local board disagrees with the decision of the Commissioner under (d) above, it may appeal that decision to the Secretary of the United States Department of Labor under 20 CFR 667.650(b) not later than 30 days after the local area receives the decision of the Commissioner.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 4 - LOCAL WORKFORCE INVESTMENT BOARDS: CERTIFICATION, RECERTIFICATION AND DECERTIFICATION › Section 12:42-4.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish procedures for the certification, recertification and decertification of local boards in accordance with 34:15C-15 and 29 U.S.C. § 2832.
(b) This subchapter applies to all local areas and local boards throughout the State.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 4 - LOCAL WORKFORCE INVESTMENT BOARDS: CERTIFICATION, RECERTIFICATION AND DECERTIFICATION › Section 12:42-4.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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 Workforce Development or his or her designee.
"Commission" means the New Jersey State Employment and Training Commission.
"Department" means the New Jersey Department of Labor and Workforce Development.
"Local area" means a local workforce investment area designated under 29 U.S.C. § 2831.
"Local board" means a local Workforce Investment Board as described in 29 U.S.C. § 2832(b).
"Local performance measures" means the same as defined at 29 U.S.C. § 2871(c).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 4 - LOCAL WORKFORCE INVESTMENT BOARDS: CERTIFICATION, RECERTIFICATION AND DECERTIFICATION › Section 12:42-4.3 - Certification required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be established in each local area and certified by the Commission a local board to set policy for the portion of the Statewide workforce investment system within the local area.
(b) Immediately following establishment of a local board by the chief elected official in a local area in accordance with N.J.S.A. 34:15C-15b and c, the chief elected official shall submit to the Commission a list of members of the newly established local board and such other documentation and/or information as may be required by the Commission.
(c) Not later than 30 days following receipt by the Commission of the list of members of the newly established local board and such other documentation and/or information as may be required under (b) above, the Commission shall either grant or deny the chief elected official's request for certification of the local board.
(d) Where the Commission determines that the composition of the local board membership is in compliance with 29 U.S.C. § 2832 and N.J.S.A. 34:15C-15b, and where the Commission is satisfied with the sufficiency of all other documentation and/or information submitted with the application for certification, the Commission shall grant the chief elected official's application for certification of the local board.
(e) Where the Commission determines that the composition of the local board membership is not in compliance with 29 U.S.C. § 2832 or N.J.S.A. 34:15C-15b, or where the Commission is not satisfied with the sufficiency of any other documentation and/or information submitted with the application for certification, the Commission shall deny the chief elected official's application for certification of the local board.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 4 - LOCAL WORKFORCE INVESTMENT BOARDS: CERTIFICATION, RECERTIFICATION AND DECERTIFICATION › Section 12:42-4.4 - Recertification required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following certification of a local board under 12:42-4.3, the chief elected official of the local area shall once every two years thereafter apply to the Commission for recertification of the local board.
(b) The application for recertification submitted for review by the Commission under (a) above shall include:
1. A current list of local board members appointed by the chief elected official in a local area in accordance with N.J.S.A. 34:15C-15b and c;
2. The local board's budgets (required under N.J.S.A. 34:15C-15e(4) ) for the extant and two preceding program years;
3. The local board's annual reports (required under N.J.S.A. 34:15C-15e(5) ) for the extant and two preceding program years; and
4. Any other documentation and/or information as may be required by the Commission.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 4 - LOCAL WORKFORCE INVESTMENT BOARDS: CERTIFICATION, RECERTIFICATION AND DECERTIFICATION › Section 12:42-4.5 - Decertification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the Commission denies a chief elected official's application for recertification of a local board under 12:42-4.4(e), the Commission may recommend in writing to the Assistant Commissioner that the local board be restructured, including decertification of the current local board and appointment of a new local board pursuant to a reorganization plan developed by the Assistant Commissioner in consultation with the chief elected official in the local area, and in accordance with the criteria established under 29 U.S.C. § 2832 and N.J.S.A. 34:15C-15b.
(b) The Assistant Commissioner, within 30 days of receipt of the Commission's recommendation under (a) above, shall issue a determination as to whether it will initiate a restructuring of the local board.
(c) All determinations under (b) above shall be issued in writing to the local board's executive director or administrative officer, to the local board's chair, to the chief elected official of the local area, to the fiscal agent of the local area and to the Commission.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 42 - WORKFORCE INVESTMENT ACT RULES › Subchapter 4 - LOCAL WORKFORCE INVESTMENT BOARDS: CERTIFICATION, RECERTIFICATION AND DECERTIFICATION › Section 12:42-4.6 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
Where a determination of the Commission or of the Assistant Commissioner under this subchapter results in either the denial of a chief elected official's application for certification, the denial of a chief elected official's application for recertification of a local board, or the decertification of a local board, the local area and/or local board may file an appeal pursuant to the procedures set forth at 12:42-3.1 1.