New Jersey Administrative Code › Title 19 - OTHER AGENCIES › Subtitle AA - WATERFRONT COMMISSION OF NEW YORK HARBOR › Section AA - WATERFRONT COMMISSION OF NEW YORK HARBOR

Current through Register Vol. 56, No. 14, July 15, 2024
CHAPTER I
WATERFRONT COMMISSION OF NEW YORK HARBOR
RULES AND REGULATIONS
EXPLANATORY NOTE
The following rules and regulations have been promulgated by
				the Waterfront Commission of New York Harbor, an instrumentality of the States
				of New York and New Jersey, pursuant to the authority of the Waterfront
				Commission Act, Part I, Article IV, Section 7 [New York L. 1953, ch. 882; New
				Jersey L. 1953, ch. 202], and are on file with the Secretary of State, State of
				New York, Albany, New York, and the Secretary of State, State of New Jersey,
				Trenton, New Jersey.
These rules and regulations are produced herein in the form in
				which they have been published by the Department of State of the State of New
				York. Accordingly, the citations on the tops of the pages (i.e. "Title 21
				Miscellaneous; Chapter I Waterfront Commission") refer to the publication of
				these rules and regulations in Title 21 of the Official Compilation of Codes,
				Rules and Regulations of the State of New York (21 Miscellaneous (A)).
Publication of the Waterfront Commission rules and regulations
				in the New Jersey Administrative Code faithfully reproduces the chapter
				codification and text as published in Title 21 of the New York code, with the
				exception of the pagination and supplement date notation, at the bottom of each
				page, which conform to the style standards of the New Jersey Administrative
				Code.
These rules and regulations were amended, effective upon filing
				with the Secretary of State of New York and the Secretary of State of New
				Jersey, on July 2, 1993. See: 25 N.J.R. 3244(c) (July 19, 1993).
INDEX
Section
APPLICATION AND REVOCATIONS PROCEEDINGS
6.1 et
						seq.
Adjournments
6.7
Administrative judge
generally
6.5
oral argument
6.12
petitions to reopen hearing
6.15
powers
6.5, 6.9
reports and exceptions thereto
6.13
subpoenas
6.9, 6.10
Affidavits
6.11
Appearance
6.4
Attorney, representation by
6.4
Briefs
6.12
Cross-examination
6.10
Denial, application after
1.10
Dismissal without prejudice
1.16
Final determination
6.14
Hearing
administering of oaths
6.9
affidavits
6.11
conduct of
6.9
cross-examination
6.10
evidence
6.9, 6.11
petition to reopen
6.15
record of hearing
6.6
subpoenas
6.9, 6.10
sworn statements
6.11
testimony
6.10
to be public
6.6
Hearing officer--see Administrative judge, this
						topic
Institution of proceedings
6.1
Interrogatories
6.11
Notice of hearing
6.2
amendment of
6.8
service of
6.3
Opportunity to be heard
6.1, 6.10
Oral argument
6.12
Orders of Commission
6.16
service of
6.3
Personal appearance
6.4
Petitions
for leave to reapply
6.20
for probationary registration or
						license
1.21
for reconsideration
6.18
for rehearing
6.17
for restoration
6.19
service of
1.7
to remove ineligibility
1.18
to reopen hearing
6.15
withdrawal
1.8
Subpoenas
6.9, 6.10
Transcript, purchase of
6.6
APPLICATIONS--see LICENSES AND REGISTRATIONS
ARREST, NOTIFICATION AFTER
1.11
ASSESSMENTS
9.1 et seq.
Assessment returns, filing
9.2
Computation
9.3
Deficiency, notice
9.6
Extension of time for filing return or paying
						assessment
9.4
Failure to file return
9.5
Gross payroll payments
9.1
computations
9.3
Incorrect return
9.5
Partial assessment of corporate officers licensed as
						pier
9.3
superintendents and hiring agent
Payment of assessments
9.2
Penalties and interest
9.5
Petition for hearing on deficiency
9.6
ATTORNEY--see COUNSEL
CHANGE OF ADDRESS
1.9
CHECKERS--see LICENSES AND REGISTRATIONS
CONFIDENTIAL RECORDS
1.4
COUNSEL
At Commission interview investigation
1.20
Representation by, at hearings
6.4
DECASUALIZATION
8.1 et seq.
Application at center for employment
8.1
Audit of availability for work
8.2
Failure to work or be available for work
8.1
Notice before removal
8.3
Reinstatement, requirements
8.4
DEFINITIONS, GENERAL
1.1
EMERGENCY USE OF PERSONS NOT REGISTERED
4.2,
						4.6
FEES
Requests for information
1.23
Subpoena
1.5
Transcript of hearing
6.6
HIRING AGENTS--see LICENSES AND REGISTRATIONS
HIRING REGULATIONS FOR REGISTRANTS
7.1 et
						seq.
Absenteeism of employees
7.23
Additional gangs
7.17
Additions to regular lists
7.7
Availibility for employment
regular working days
7.20
weekend and holidays
7.22
other weekday
7.21
Availibility of documents, tapes, disks and other
						data
7.41
Construction
7.1
Corrections and restorations to lists
7.11
Decasualization see DECASUALIZATION
Definitions
7.2
area
7.2
borough
7.2
extra gang
7.2
gang
7.2
New pier
7.2
re-activated pier
7.2
regular and regular-extra gang followers
7.2
regular employees
7.2
regular-extra gang
7.2
regular gang
7.2
regular work day
7.2
section
7.2
supervisory employee
7.2
telecommunication systems controller
7.2
voluntary gang
7.2
workday
7.2
Employee listings
7.5 et seq.
priorities--see Priorities, this topic
Employees and employers subject to
						regulations
7.3
Employment opportunities, reporting
7.13
Extension of employment
7.18
Gangs
7.6
new gangs
7.36
priorities--see Priorities, this topic
recall
7.16
removal from register
7.10
voluntary--see Voluntary gangs, this topic
Hiring procedures
7.12 et seq.
Lists--see Regular lists, this topic
Longshoremen's register
7.4
Maintaining records
7.41
Monitoring, telephone calls
7.42
New piers--see Reactivated and new piers, this topic
Obtaining employment information
7.20
Ordering from regular lists
7.14
cancellation
7.14(g)
time for
7.14(a),
(b), (c)
time for, day following holiday
7.14(e)
time for, Saturday, Sunday, Monday
7.14(d)
Ordering of additional gangs
7.17
time for
7.17(a),
(b), (c)
Ordering through THEIC
7.38
Pier guard, pier security officers
5.19 et
						seq.
Pier superintendent and hiring agent
2.9
Prevalidation
7.14
Prior day ordering
registrants prevalidated
7.14
registrants not prevalidated
7.19
Priorities
7.25 et seq.
construction
7.29
ordering by special agreement
7.39
ordering employees through THEIC
7.38
pier guards
5.33 et seq.
regular employee lists for new piers
7.32
regular employee lists for reactivated
						piers
7.30
regular gang lists for new piers
7.33
regular gang lists for reactivated
						piers
7.31
replacements and additions to checker and clerk
						lists
7.35
replacements and additions to regular employee
						lists
7.34
replacements in gangs and the formation of new
						gangs
7.36
replacements in voluntary gangs
7.37
sections
7.40
Prohibited conduct
7.43 et seq.
damaging property
7.45
defacing property
7.45
distribution
7.45
disturbance
7.45
gambling
7.45
loitering
7.45
posting signs
7.45
selection or identification of hiring agents or
						pier
2.9
Superintendents
selling merchandise
7.45
solicitation of contributions
7.45
solicitation of employment
7.43
soliciting
7.45
unauthorized conduct in employment
						information
7.45
center
unauthorized hiring and solicitation of
						employment
7.43
unauthorized participation in hiring
7.44
Quick registration
7.15
Re-activated and new piers
7.25 et seq.
lists, prior publication of
7.26
notice for establishing regular lists
7.25
prior lists,
CHAPTER I
Waterfront Commission of New York Harbor
PART
1
General
						Provisions.
2
Pier Superintendents and
						Hiring Agents.
3
Stevedores.
4
Longshoremen, Checkers and
						Telecommunication System Controllers.
5
Port Watchmen.
6
Application and Revocation
						Proceedings.
7
Hiring Regulations for
						Registrants.
8
Regularization of Employment
						of Longshoremen and Checkers
(Decasualization).
9
Assessments.
10
Public Loading.
PART 1
GENERAL PROVISIONS
(Statutory authority: New York L.1953, ch.882, art. IV, §
				7; New Jersey L.1953, ch.202)
Section
1.1
Definitions in Waterfront Commission Act;
						gender
1.2
Suspension of regulations
1.3
Impeding purposes of Act
1.4
Subpoena of commission records
1.5
Subpoenas
1.6
Application forms
1.7
Notices and petitions to and from
						commission
1.8
Withdrawal of applications and petitions and
						surrender of licenses and registrations
1.9
Notification of change of address
1.1
Application after denial, withdrawal,
						surrender or revocation
1.11
Notification of arrest
1.12
Replacement of lost license, permit or
						registration card
1.13
Licenses, registrations and permits not
						transferable
1.14
Unauthorized retention of licenses,
						registrations and other instruments
1.15
Alteration and transfer of instruments
						issued by commission prohibited
1.16
Dismissal of application without
						prejudice
1.17
Temporary suspension of temporary permits or
						registrations pending hearing
1.18
Petition for an order to remove an
						ineligibility for a license or registration by reason of criminal
						conviction
1.19
Temporary permit or registration revoked by
						denial of application
1.20
Counsel in commission interview or
						investigation
1.21
Probationary registrations and licenses
1.22
Disposal of unclaimed personal property
						recovered by the commission
1.23
Access to records
1.24
Service of legal papers upon the
						commission
Section 1.1 Definitions in Waterfront Commission Act;
				gender.
(a) For the purposes
			 of these Regulations, unless the context clearly requires otherwise, the
			 definitions contained in the Waterfront Commission Act shall be used.
			 Waterfront Commission Act (hereinafter referred to as the Act) shall mean
			 chapter 882 of New York Laws of 1953 and chapter 202 of New Jersey Laws of
			 1953, both as amended and supplemented, and shall include the Waterfront
			 Commission Compact (part I of the Act) as consented to by chapter 407 of Public
			 Law 252 of the 83rd Congress (August 12, 1953), and all concurrent legislation
			 enacted by the States of New York and New Jersey pursuant to or in furtherance
			 of the Act.
(b) All references to
			 the masculine gender in these Regulations shall be deemed to include the
			 feminine gender.
1.2 Suspension of regulations.
In the event of public emergency occasioned by, but not limited
				to, acts of God, acts of war, acts of violence or breaches of the peace, the
				commission may by resolution revoke or suspend, in whole or in part, any of
				these regulations when in its opinion the purposes of the Act will thereby be
				furthered or effectuated.
1.3 Impeding purposes of Act
In the event that any regulation adopted by the commission has
				been or is being utilized by any person to impede, obstruct or frustrate the
				purposes of the Act, the commission may by resolution revoke or suspend, in
				whole or in part, the privileges accorded to such person by such regulation
				when in its opinion the purposes of the Act will thereby be furthered or
				effectuated. Nothing contained in these Regulations shall, however, abridge any
				statutory or constitutional right of such person.
1.4 Subpoena of commission records.
A member, officer or employee who is served with a subpoena
				requiring the disclosure of information or the production of documents not
				available for public inspection pursuant to section 1.23 of this Part, shall,
				unless otherwise directed by the commission, appear as directed by the subpoena
				and, unless otherwise authorized by the commission, shall respectfully decline
				to discuss the information or produce the documents called for, basing the
				refusal upon this section. Any member, officer or employee who is served with
				such subpoena shall promptly advise the commission of the service of such
				subpoena, the nature of the information or documents sought, and any
				circumstances which may bear upon the desirability of making available such
				information or documents. Nothing herein shall prohibit the commission from
				authorizing the disclosure or exchange of information with any public official,
				agency or other person upon a finding that the purposes of the Act will be
				effectuated thereby.
Historical Note
Sec. amd. filed Feb. 17, 1978 eff. Feb. 17, 1978.
1.5 Subpoenas.
(a) A subpoena, including a subpoena
duces tecum
, may be issued by any officer, agent or employee
			 who has been duly authorized by resolution of the commission to issue such
			 subpoenas. A subpoena shall state the section of the Act pursuant to which it
			 is issued.
(b)
A subpoena
			 shall be personally served.
Personal service shall consist of either
			 placing the subpoena in the hand of the person named therein or of touching his
			 person with the subpoena and informing him that it is a subpoena of the
			 Waterfront Commission of New York Harbor. A subpoena may be returnable on any
			 day except Sunday at any time between 8:00 a.m. and 9:00 p.m.
(c)
Tender of witness fees is not
			 required.
A person, other than an applicant or a respondent or an
			 officer, director or shareholder of an applicant or respondent, subpoenaed by
			 the commission to appear at any interview, hearing or other proceeding,
			 conducted by the commission is entitled to $ 40 per day for each day's actual
			 attendance if he appears pursuant to a subpoena or a subpoena
duces
			 tecum
. If a person, other than an applicant or a respondent or an
			 officer, director or shareholder of an applicant or respondent, so subpoenaed
			 resides more than three miles from the place of attendance, he shall also be
			 entitled to reimbursement for each mile going from the place of residence to
			 the place of attendance at the prevailing mileage reimbursement rate as set by
			 the Internal Revenue Service. Such fee shall be payable by the secretary of the
			 Commission upon demand by the person subpoenaed after actual attendance, upon
			 certification thereof by an officer, agent or employee of the commission.
Historical Note
Sec. amd. filed July 2, 1993 eff. July 2, 1993
Sec. amd. filed Nov. 26, 2008 eff. Nov. 26,
				2008
1.6 Application forms.
An application for a license or registration shall be submitted
				on a form to be provided by the commission.
1.7 Notices and petitions to and from commission.
(a) Unless otherwise provided by
			 regulation, all notices and petitions to the commission shall be given in
			 writing and delivered by first class mail or by hand, addressed to the
			 Waterfront Commission of New York Harbor, at its main administrative offices.
			 If delivered by mail, notice shall be deemed given only when actually
			 received.
(b) All notices and
			 communications from the commission, other than those specified in section 6.3,
			 infra, shall be duly served if enclosed in a properly post paid wrapper
			 addressed to the person to be notified or communicated with at the address last
			 given by him in writing to the commission and deposited, as ordinary mail, in a
			 post office, post office box, or mail chute maintained by the United States
			 government, or if such notice or communication addressed to such person is
			 delivered to such address by telegram or by registered or certified mail or by
			 an employee or agent of the commission. Such service shall be deemed as having
			 been made in the regular course of the business of the commission, without any
			 certification of such service by an employee or agent of the commission. For
			 the purpose of calculating the time of notice, service shall be considered
			 effected upon the date of delivery to such address; provided that, where
			 service is by ordinary mail, service shall be considered effective the third
			 day after the mailing.
1.8 Withdrawal of applications and petitions and
				surrender of licenses and registrations.
Applications or petitions submitted to the commission may be
				withdrawn only with the permission of the commission. Licenses or registrations
				may be surrendered only with the permission of the commission. Such permission
				may be granted unconditionally or "with prejudice". The pendency of such
				application or petition to withdraw or to surrender shall not prevent the
				ordering of a hearing or the continuance of a hearing under sections 1 or 3 of
				article XI of the Act, as appropriate.
1.9 Notification of change of address.
Any applicant, prospective licensee, registrant, licensee, or
				petitioner who changes his name or his residence address shall immediately
				notify the commission in writing of such change.
1.10 Application after denial, withdrawal, surrender or
				revocation.
After an application or petition has been denied, or withdrawn
				with prejudice, or a license or registration has been revoked or surrendered
				with prejudice, no further application therefor may be submitted except upon
				leave of the commission for good reason shown.
1.11 Notification of arrest.
Any person licensed or registered by the commission or any
				person who, within the meaning of section 3.4 infra, is required to execute a
				personal character information form in connection with a stevedore's license
				application, who has been charged with or arrested for any crime or offense
				under the penal law of any State, the District of Columbia, the United States,
				any territory or commonwealth thereof or any foreign country, other than a
				motor vehicle or traffic offense, shall notify the commission within 20 days of
				his knowledge of such charge or of the arrest.
1.12 Replacement of lost license, permit or registration
				card.
A licensee, registrant or permittee who has lost his license,
				registration card or permit, after identifying himself to the satisfaction of
				the commission, shall be issued a temporary license, registration card or
				permit, valid for a period of not more than 30 days. He shall also submit a
				sworn application for replacement of his lost license, registration card or
				permit and, upon his payment of a replacement charge of fifteen dollars, the
				commission shall issue to him a new license, registration card or
				permit.
Historical Note
Sec. amd. filed July 7, 1972 eff. July 7, 1972
New sec. submitted.
Sec. amd. filed October 23, 2001 eff. October 23, 2001.
1.13 Licenses, registrations and permits not
				transferable.
A license, registration card, or permit issued by the
				commission shall not be transferable at any time for any purpose.
1.14 Unauthorized retention of licenses, registrations
				and other instruments.
No person shall retain possession of any license, permit,
				registration card, badge or other means of identification or instrument issued
				by the commission after his license, permit or registration has expired, been
				terminated, revoked or suspended for a period of more than thirty days.
1.15 Alteration and transfer of instruments issued by
				commission prohibited.
Any and all licenses, badges or other evidence of a license or
				registration issued by the commission shall remain its property and shall be
				promptly returned to the commission in accordance with these Regulations. No
				person shall forge, counterfeit, alter, erase, obliterate or transfer any card,
				form, badge, record, means of identification or other instrument issued by the
				commission. No person shall transfer any card, form, badge, record, means of
				identification or other instrument, or have in his possession any transferred,
				forged, counterfeited, altered, erased or obliterated card, form, badge,
				record, means of identification or other instrument, whether issued by the
				commission or otherwise, with intent to defraud or deceive any person licensed
				by the commission in order to gain employment or priority of employment for
				himself or another, or with intent to defraud or deceive the commission in any
				manner.
1.16 Dismissal of application without prejudice.
Where an applicant for license or registration or a prospective
				licensee fails to respond to a communication or notice forwarded in accordance
				with the provisions of these Regulations requesting him to provide additional
				information or to appear for an interview in connection with the application,
				or, in the case of an applicant for a license as a port watchman, to appear for
				a physical examination as required by section 5.5, infra, or, in the case of an
				applicant for a license as a port watchman, to satisfactorily complete a course
				of training for port watchmen as prescribed by section 5.10, infra, the
				application may be dismissed by the commission without prejudice. Such
				dismissal shall forthwith cancel and annul any temporary permit or temporary
				registration unless otherwise directed by the commission.
1.17 Temporary suspension of temporary permits or
				registrations pending hearing.
Any temporary permit or temporary registration issued by the
				commission pending final action upon an application for a license or
				registration may, without hearing, be temporarily suspended by the commission
				pending final determination of a hearing to determine whether to grant or deny
				such application or to revoke, cancel or suspend such temporary permit or
				registration if, in the opinion of the commission:
(a) the applicant or prospective licensee has
			 refused to complete the application, or to appear for or complete an interview,
			 or a physical examination as required by section 5.5, infra, or otherwise to
			 provide additional facts or evidence requested by the commission to enable it
			 to ascertain whether the application should be granted; or
(b) the temporary permit or temporary
			 registration has been obtained by fraud; or
(c) the continuance of the temporary permit
			 or temporary registration is inimicable to the public peace and safety.
1.18 Petition for an order to remove an ineligibility
				for a license or registration by reason of criminal conviction.
A petition for an order to remove an ineligibility for a
				license or registration by reason of a criminal conviction pursuant to section
				3(b) of article V, section 3(e) of article VI, section 5-j of Part II, and
				section 5-n (subd. 3, par.) of Part II of the Act, shall be made on forms
				furnished by the commission. Such petition may be submitted with the
				application for a license or registration. The petitioner may submit evidence
				of a pardon for the disqualifying crime in the form of the original or a
				photocopy of such pardon. Any petitioner who desires to offer evidence to
				satisfy the commission that he has conducted himself for a period of not less
				than five years in such manner as to warrant the granting of a license or
				registration shall attach to his application the original or a photocopy of any
				certificate of good conduct, official statement, or other form of relief from
				disabilities arising from the conviction, which may be issued by a court of
				competent jurisdiction, a board of parole, or similar authority, and any other
				evidence, such as letters of character reference, as he may deem relevant to
				the granting of a license or registration. The commission may require
				additional evidence, to be submitted upon forms as may be prescribed by the
				commission, as it deems necessary.
1.19 Temporary permit or registration revoked by denial
				of application.
An order of the commission denying an application for a license
				or registration shall, unless otherwise stated, forthwith revoke and annul any
				temporary permit or temporary registration issued pending final action on the
				application for a license or registration.
1.20 Counsel in commission interview or
				investigation.
In connection with any investigation conducted by the
				commission, a person interviewed or questioned under oath shall have the right
				to be accompanied and represented by counsel, except that he shall not be so
				accompanied or represented by counsel who also represents a person who is or
				who may become the subject of the investigation, unless the commission upon
				application so authorizes.
1.21 Probationary registrations and licenses.
(a) Any person whose application for
			 a license has been denied or whose license has been revoked, or any person
			 whose application for registration has been denied or whose registration has
			 been revoked and who has never before submitted an application or petition to
			 the commission seeking inclusion in the register after the final order of
			 denial or revocation of registration by the commission, may, upon application
			 to the commission, be granted leave to apply for a probationary registration or
			 license. Any such person whose application for registration has been denied or
			 whose registration has been revoked must file his application for a
			 probationary registration within one year of the commission's final order of
			 denial or revocation. (For the purposes of this section, petitions for
			 rehearing or reconsideration made substantially contemporaneously with the
			 commission's order of denial or revocation of registration shall not be
			 considered as constituting a prior application or petition to the commission
			 which seeks inclusion in the register.) Any person who is ineligible to apply
			 for probationary registration pursuant to the foregoing provisions of this
			 section may apply to the commission for the removal of his ineligibility so
			 that such person would not be disqualified, because of his previous denial or
			 revocation, from applying for registration upon the next occasion that the
			 commission opens the register pursuant to section 5-p of the Act.
(b)
1. Any
			 person who has been granted such leave to apply for a probationary registration
			 or license shall provide all the information required in the application for
			 such status and shall complete said application pursuant to the instructions
			 therein.
2. Where any such
			 applicant is recommended for probationary status by another person who is
			 willing to act as his sponsor, such sponsor shall certify in the aforesaid
			 application that he desires to sponsor the applicant, that he agrees to
			 undertake the supervision of the applicant during such probationary period and
			 that he shall use his best efforts to insure the applicant's compliance with
			 the Waterfront Commission Act, the terms and conditions of the probation and
			 all other laws.