N.J. Admin. Code § 10:110-11.2 - Location sources

(a) In accordance with 42 U.S.C. § 653A(b)(1), a New Hires Directory shall be maintained. All employers and labor organizations doing business in the State shall report to the Department or its designee:

1. The hiring of, or contracting with, any person who works in this State and to whom the employer anticipates paying earnings, including contractors and independent contractors as defined herein; and

2. The re-hiring or return to work of any employee, contractor and/or independent contractor of the employer who is laid off, furloughed, separated, granted a leave without pay, or terminated from employment in this State.

(b) Information in (a) above shall be reported within 15 days of the hiring, re-hiring, or return to work of the employee, contractor or independent contractor, if the employer reports electronically or magnetically, and 20 days if the employer utilizes another form of reporting.

(c) The report in (a) above shall contain:

1. The employee's, contractor's, or independent contractor's name; address; Social Security number; date of hire for employees or the date of service for either type of contractor; the date services for remuneration were first performed by the employee or either type of contractor; and date of birth; and indicate which of the following Federal forms the employer completes for the individual:

i. The Federal Form (W-4) for an employee; or

ii. The Federal Form (1099 "Miscellaneous") for contractors or independent contractors providing a service when the payment for service is $ 600.00 or greater; and the contractor's/independent contractor's Federal tax identification number; and

2. The employer's name, address, the state of hire or the state of contract, and employer's Federal tax identification number (FEIN).

i. In the event the reported address of the employer is different than the payroll address needed for wage withholding purposes, both addresses should be submitted by the employer.

(d) An employer, who fails to report as required, shall be given a written warning of non-compliance by the Department for the first violation and shall be subject to a civil penalty:

1. Which shall not exceed $ 25.00 per violation; or

2. If the failure to report is the result of a conspiracy between the employer and employee, contractor, or independent contractor to not supply the required report or to supply a false and incomplete report, the employer shall be subject to a civil penalty which shall not exceed $ 500.00.

(e) Payment of the penalty shall be waived if, in response to the imposition of the penalty, the person or entity complies with the reporting requirement.

(f) No civil penalty shall be imposed upon an employer or labor organization who reports the hiring of, or contracting with, the re-hiring or return to work of any employee, contractor or independent contractor consistent with the Federal requirements which include, the employee's, contractor's or independent contractor's name, address and Social Security number; and the employer's name address and Federal tax identification number, when the employee's, contractor's or independent contractor's date of birth is unavailable to the employer or labor organization.

(g) All penalties assessed under this section shall be paid to the State Treasurer and may be recovered in a summary proceeding pursuant to N.J.S.A. 2A:58-1 et seq.

(h) New hire information may be disclosed to:

1. The National Directory of New Hires;

2. Agencies responsible for the administration of a program under Title IV-A, Title XIX, Title I, Title XIV or Title XVI;

3. The agency responsible for administration of the NJ SNAP program; and

4. The agency operating the unemployment insurance benefit and workers' compensation programs.

(i) Any employer or labor organization doing business in this State who has employees (including contractors and independent contractors) who are employed in two or more states, and has designated a state other than this State for reporting new hire information, in accordance with 42 U.S.C. § 653A, shall be deemed in compliance with P.L. 1998, c. 1.

(j) The State Parent Locator Service (SPLS) shall be established to perform parent locator services.

(k) Through the automated child support system, location referrals to the Federal Parent Locator Service (FPLS) shall be submitted electronically.

1. Submission of the FPLS referrals, and the distribution, security and use of the returned information shall be in accordance with Federal requirements contained in 45 C.F.R. 303.70, with instructions issued by the Federal Office of Child Support Enforcement, and in accordance with N.J.A.C. 10:110-1.

2. FPLS requests made by an individual meeting the criteria of an authorized person in non-IV-D locate-only cases referenced at N.J.A.C. 10:110-3.2(f) 2 and (g)1 is limited by 42 U.S.C. § 653. No information shall be disclosed to any person for the reasons of domestic violence, confidentiality of census data, or when disclosure would contravene national policy or the security interests of the United States, in accordance with 42 U.S.C. § 653.

(l) In accordance with N.J.A.C. 10:110-1.7, the OCSS shall have access, including automated access, when feasible, to the following resources, if appropriate, for child support enforcement purposes:

1. Records of other state and local government agencies including, but not limited to:

i. Bureau of Vital Statistics in the Department of Health;

ii. Division of Taxation in the Department of the Treasury;

iii. Records concerning real and titled property;

iv. Records of occupational, professional, recreational and sporting licenses;

v. Records concerning the ownership and control of corporations, partnerships, and other business entities;

vi. Records of the Department of Labor and Workforce Development;

vii. Records of agencies administering public assistance programs;

viii. Records of the Motor Vehicle Commission;

ix. Records of the Department of Corrections, including records relating to State-sentenced inmates and parolees; and

2. Records held by private entities, including information on the assets and liabilities of individuals held by financial institutions and the names and addresses of individuals and the names and addresses of the employers of the individual appearing in customer records of utility companies and electronic communications and internet service providers, in accordance with N.J.A.C. 10:110-5.2.

(m) Personal sources, such as the relatives, friends, employers and landlords, may be contacted in order to obtain location information.

(n) The use and disclosure of information obtained through the sources identified in this section shall be in accordance with the rules contained herein, and as detailed at N.J.A.C. 10:110-1.7.

(o) Location resources may be used, when necessary, to also locate the custodial party for purposes of child support only.

Notes

N.J. Admin. Code § 10:110-11.2

Amended by 46 N.J.R. 2112(b), effective 10/20/2014. Amended by 48 N.J.R. 490(b), effective 2/22/2016 Amended by 55 N.J.R. 1179(a), effective 6/5/2023