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(4) Notification that the person can request a hearing in writing to the commissioner within 20 days of receipt of the notice of intent to place the person on the list.
f. A person who receives a notice of intent pursuant to subsection e. of this section shall have the right to request a hearing within 20 days. All hearings requested pursuant to this section shall be conducted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
g. The commissioner shall consider the following factors as material in each decision to place a person on the list pursuant to subsection b. of this section:
(1) The record of previous violations;
(2) Previous placement on the list by the commissioner;
(3) The frequency of violations by the person discovered in previous or still pending cases;
(4) The significance or scale of the violations;
(5) The existence of failure to pay;
(6) Failure to cooperate or respond to a request to produce records, forms, documents, or proof of payments;
(7) Submission of falsified or altered records, forms, documents, or proof of payment;
(8) Failure to provide goods or services; and
(9) Failure to comply with contract specifications.
L.2019, c.366, s.1.
34:1A-1.17. Entrance into place of business, employment; stop-work order
1. a. The Commissioner of Labor and Workforce Development and any agent of the commissioner, upon receipt of a complaint or through routine investigation for a violation of any State wage, benefit and tax law, including but not limited to a violation of R.S.34:15-79, or a failure to meet obligations required by R.S.43:21-7 or R.S.43:21-14, or for a violation of any provision of P.L.1940, c.153 (C.34:2-21.1 et seq.) or P.L.1989, c.293 (C.34:15C-1 et al.), is authorized to enter, during usual business hours, the place of business or employment of any employer of the individual to determine compliance with those laws, and for that purpose may examine payroll and other records and interview employees, call hearings, administer oaths, take testimony under oath and take interrogatories and oral depositions.