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12 N.J.A.R. 373

Welch, William J. v. Bureau of Regulatory Affairs
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Citation: 12 N.J.A.R. 373
Decision Date: 1989
Agency: DEPARTMENT OF COMMUNITY AFFAIRS
Synopsis: Petitioner appealed an order to pay a penalty pursuant to N.J.,,t.C. 5:23-4.12(c)1 for failure to comply with the licensing require- ment for code enforcement officials who are not employees of a municipality. The matter was transmitted to the Office of Adminis- trative Law for a hearing. The administrative law judge assigned to the case concluded that petitioner was not a municipal employee and had, therefore, violated the regulation setting out the requirements for independent code en- forcement officials. Respondent's request for summary decision was granted. Upon review, this initial decision was adopted by the Com- missioner of Community Affairs. The purpose of the regulation is to distinguish between code enforcement personnel who are municipal employees, and therefore are not subject to licensing requirements for private enforcing agencies, and code enforcement personnel who are functioning as private enforcing agencies who contract to work for municipalities. Petitioner in this case is not an employee of the munici- pality because there was no FICA withholding. The Commissioner noted that municipalities may choose to have code officials who are independent contractors rather than employees. In that case, the ap- propriate procedures must be followed. Contractors must be licensed, comply with reporting requirements and carry a specified amount of liability insurance. Paul A. Massaro, Esq., petitioner Ellen Casey, Deputy Attorney General, for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney)
Rule(s) Cited: 5:23-4.3(f) 5:23-4.12(c) 
Citation Tracker adopted-Bur. of Regulat. Affairs; affirmed -App. Div., A1796-89-T1, 1/10/91 (unreported) [Updated through 1991]