New Jersey § 43:21-11

§ 43:21-11.

(a) Duties and powers of the Department of Labor and Workforce Development . The department shall have power and authority to adopt, amend, or rescind such rules

and regulations, require such reports, make such investigations, and take such other

action as it deems necessary or suitable or to administer this chapter; provided

that the Commissioner of Labor and Workforce Development may delegate such power and authority, subject to his ultimate supervision and control. Such rules and regulations shall be effective upon publication in the manner, not

inconsistent with the provisions of this chapter, which the department shall prescribe. The department shall determine its own organization and methods of procedure, in

accordance with the provisions of this chapter. Whenever the department believes that a change in contribution or benefit rates

will become necessary to protect the solvency of the fund, it shall promptly so inform

the Governor and the Legislature, and make recommendations with respect thereto. (b) Regulations and general and special rules. General and special rules may be adopted, amended, or rescinded by the department. General rules shall become effective 10 days after filing with the Secretary of

State and publication in one or more newspapers of general circulation in this State. Special rules shall become effective 10 days after notification to or mailing to

the last known address of the individuals or concerns affected thereby. Regulations may be adopted, amended, or rescinded by the department and shall become

effective in the manner and at the time prescribed by the department. (c) Publication. The department shall cause to be printed for distribution to the public the text

of this chapter, the department's regulations and general rules, its annual reports

to the Governor, and any other material the department deems relevant and suitable

and shall furnish the same to any person upon application therefor. (d) Personnel. Subject to other provisions of this chapter, the department is authorized to appoint

(subject to the provisions of Title 11, Civil Service), fix the compensation, and

prescribe the duties and powers of such officers, accountants, attorneys, experts,

and other persons as may be necessary in the performance of its duties under R.S. 43:21-1 et seq. All positions shall be filled by persons selected and appointed on a nonpartisan

merit basis from lists of eligible persons prepared by the Civil Service Commission,

in accordance with the provisions of Title 11, Civil Service, except that any attorney,

now or hereafter in office or position of legal assistant for the department, shall

be placed in the exempt class of the civil service and thereafter shall not be subject

to removal except for cause and then only in accordance with the provisions of Title

11, Civil Service; provided, however, that nothing herein shall be construed to apply

to any attorney designated as special counsel in accordance with the provisions of sections 43:21-6, subsection (h) , and 43:21-17 . The division shall not employ or pay any person who is an officer or committee member

of any political party organization. The commissioner may delegate to any such person so appointed such power and authority

as he deems reasonable and proper for the effective administration of this chapter,

and may in his discretion bond any person handling moneys or signing checks hereunder. (e) Employment Security Council. There shall be within the department an Employment Security Council, as established

and constituted under the Department of Labor and Industry Act of 1948 (P.L.1948,

c. 446; C. 34:1A-1 et seq. ). (f) Employment stabilization. The department, with the advice and aid of the Employment Security Council, shall

take all appropriate steps to reduce and prevent unemployment; to encourage and assist

in the adoption of practical methods of vocational training, retraining and vocational

guidance; to investigate, recommend, advise, and assist in the establishment and

operation, by municipalities, counties, school districts, and the State, of reserves

for public works to be used in times of business depression and unemployment; to

promote the re-employment of unemployed workers throughout the State in every other

way that may be feasible, and to these ends to carry on and publish the records of

investigations and research studies. (g) Records and reports. Each employing unit shall keep true and accurate employment records, containing

such information as may be prescribed. Such records shall be open to inspection and be subject to being copied by the director

of the division and the controller or their authorized representatives at any reasonable

time. The department may require from any employing unit any sworn or unsworn reports,

with respect to persons employed by it, which are deemed necessary for the effective

administration of this chapter. Under such rules and regulations as may be adopted by the department, reports relative

to wages and separation from employment may be required from any employer or employing

unit at the time such employer or employing unit suspends business operations in this

State, or from any employer or employing unit which fails to cooperate in submitting

promptly the wage and employment data which may be required under paragraph (2) of subsection (b) of section 43:21-6 of this Title. If the nature of such suspension is temporary or in the nature of a transfer, then

the employer or employing unit may be excused from furnishing such a termination report

upon assurances that proper arrangements have been made to supply any information

which may be required under paragraph (2) of subsection (b) of section 43:21-6 of this Title. The department may require from any employer or employing unit reports relative

to wages and separation in such manner and at such time as may be necessary for the

effective administration of this chapter. All records, reports and other information obtained from employers and employees under

this chapter, except to the extent necessary for the proper administration of this

chapter, shall be confidential and shall not be published or open to public inspection

other than to public employees in the performance of their public duties, and shall

not be subject to subpena or admissible in evidence in any civil action or proceeding

other than one arising under this chapter, but any claimant at a hearing before an

appeal tribunal, the division or the board of review shall be supplied with information

from such records to the extent necessary for the proper presentation of his claim. Any officer or employee of the department who violates any provision of this section

shall be liable to a fine of $200.00, to be recovered in a civil action in the name

of the division, said fine when recovered to be paid to the unemployment compensation

auxiliary fund for the use of said fund. (h) Oaths and witnesses. In the discharge of the duties imposed by this chapter, the controller, the appeal

tribunal and any duly authorized representative or member of the division, the director

or any deputy director thereof or member of the board of review shall have power to

administer oaths and affirmations, take depositions, certify to official acts, and

issue subpenas to compel the attendance of witnesses and the production of books,

papers, correspondence, memoranda and other records deemed necessary as evidence in

connection with a disputed claim or the administration of this chapter. Witnesses subpenaed pursuant to this section shall in the discretion of the department

be allowed fees at a rate to be fixed by it. Such fees shall be deemed a part of the expense of administering this chapter. (i) Subpenas. In case of contumacy by or refusal to obey a subpena issued to any person, any court

of this State within the jurisdiction of which the inquiry is carried on or within

the jurisdiction of which said person guilty of contumacy or refusal to obey is found

or resides or transacts business, upon application by the department or its duly authorized

representative, or the board of review, shall have jurisdiction to issue to such person

an order requiring such person to appear before the board of review or a member thereof,

the department or its duly authorized representative, there to produce evidence if

so ordered or there to give testimony touching the matter under investigation or in

question; and any failure to obey such order of the court may be punished by said

court as a contempt thereof. Any person who shall without just cause fail or refuse to attend and testify or

to answer any lawful inquiry or to produce books, papers, correspondence, memoranda,

and other records, if it is in his power so to do, in obedience to a subpena of the

division or of the board of review shall be punished by a fine of not more than $200.00

or by imprisonment for not longer than 60 days, or by both such fine and imprisonment,

and each day such violation continues shall be deemed to be a separate offense. (j) Protection against self-incrimination. No person shall be excused from attending and testifying or from producing books,

papers, correspondence, memoranda and other records before the department or the board

of review or in obedience to the subpena of a member of the department or the board

of review or a member thereof, or any duly authorized representative thereof in any

cause or proceeding before the department, the board of review or a member thereof,

on the ground that the testimony or evidence, documentary or otherwise, required of

him may tend to incriminate him or subject him to a penalty or forfeiture; but no

individual shall be prosecuted or subject to any penalty or forfeiture for or on account

of any transaction, matter, or thing concerning which he is compelled, after having

claimed his privilege against self-incrimination, to testify or produce evidence,

documentary or otherwise, except that such individual so testifying shall not be exempt

from prosecution and punishment for perjury committed in so testifying. (k) State-Federal cooperation. In the administration of this chapter the department shall cooperate to the fullest

extent, consistent with the provisions of this chapter, with the United States Department

of Labor to secure to this State and its citizens all advantages available under the

provisions of the Social Security Act ( 42 U.S.C. s. 301 et seq. ), as amended, the Federal Unemployment Tax Act ( 26 U.S.C. s. 3301 et seq. ), as amended, and the Wagner-Peyser Act ( 29 U.S.C. s. 49 et seq. ), as amended; shall make such reports, in such form and containing such information

as the United States Secretary of Labor may from time to time require; and shall

comply with such provisions as the United States Secretary of Labor may from time

to time find necessary to assure the correctness and verification of such reports;

and shall comply with the regulations prescribed by the United States Secretary of

Labor governing the expenditure of such sums as may be allotted and paid to this State

under any of such federal acts. Upon request therefor, the department shall furnish to any agency of the United States

charged with the administration of public works or assistance through public employment,

the name, address, ordinary occupation and employment status of each recipient of

benefits and such recipient's rights to further benefits under this chapter. The department may afford reasonable cooperation with every agency of the United States

charged with the administration of any unemployment insurance law. The department is authorized to make such investigations and exercise such of the

other powers provided herein with respect to the administration of this chapter and

to transmit such information and make available such services and facilities to the

agency charged with the administration of any State or federal unemployment insurance

or public employment service law as it deems necessary or appropriate to facilitate

the administration of such law and to accept and utilize information, services and

facilities made available to this State by such agency. The department shall adopt regulations prescribed by the United States Secretary of

Labor to address state unemployment tax avoidance and to insure that the transfer

or acquisition of a business is not done for the specific purpose of avoiding higher

contribution rates. (l) The controller shall establish procedures to identify employers who engage in

the transfer or acquisition of a business, trade or organization for the purposes

of achieving an unemployment tax rate unrelated to employment experience.