The New Jersey Department of Health’s (Department) Division of Epidemiology, Environmental, and Occupational Health is proposing to Readopt with Amendments N.J.A.C. 8:62 entitled, “Standards for Lead Certification.” These rules establish standards for the permitting of lead abatement workers, supervisors, inspectors/risk assessors, planner/project designers, and the certification of training providers that provide lead worker training courses. The rules protect the health and safety of asbestos abatement workers and supervisors, building occupants, the public, as well as the environment.
Most of the amendments are minor changes. The most significant amendment clarifies appeal rights for permit holders, applicants, instructors and certified training providers. Under the existing rule, a petitioner may file for an informal hearing, a formal hearing, or both, within 10 days of the Department’s issuance of a proposed enforcement action. Some petitioners did not understand the difference between an informal hearing at the Department and a formal hearing before the Office of Administrative Law, and this conflated procedural expectations and produced inefficiencies. The new rule would eliminate reference to an informal hearing and would extend the time in which to file for a formal hearing from 10 to 30 days following issuance of a proposed agency action. This is consistent with standard appeals practices in most of the Department’s other programs and should eliminate confusion. Once a petitioner files for a formal hearing, the Department will be willing to discuss settlement on an informal basis, so the rights of the parties to settle administrative penalties informally will not be affected by these proposed amendments.
A notice of proposal appears in the March 18, 2019 issue of the New Jersey Register. Interested individuals may gain free on-line access to the New Jersey Administrative Code and the New Jersey Register at http://lexisnexis.com/njoal, courtesy of LexisNexis®.
The Department will accept written comments on the proposal during a period of public comment, which begins on March 18, 2019 and ends on May 17, 2019.
Individuals wishing to comment on the proposal must submit written comments on or before May 17, 2019 either (1) electronically at http://www.nj.gov/health/legal/ecomments.shtml or (2) by regular mail postmarked on or before May 17, 2019 to Joy L. Lindo, Director, Office of Legal and Regulatory Compliance, New Jersey Department of Health, PO Box 360, Trenton, NJ 08625-0360.
Address correspondence sent by Courier or Hand Delivery Service to: Joy L. Lindo, Director, Office of Legal and Regulatory Compliance, New Jersey Department of Health, 369 South Warren Street, Trenton, NJ 08608. All hard copy correspondence must be marked as having been received by the carrier of record on or before May 17, 2019. The Department does not accept facsimiles as official comments on the notice of proposal.
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