ADMINISTRATIVE LAW — ASBESTOS REMOVAL
01-2-5434 Weisgarber v. New Jersey Department of Community Affairs , App. Div. (per curiam) (21 pp.) This case involves an asbestos safety control monitor (ASCM) license. Plaintiffs William Weisgarber Sr. and Tyson Group appeal from an order granting summary judgment in favor of the Department of Community Affairs, and several DCA employees, on plaintiffs’ complaint alleging tortious interference of employment and tortious interference of contract. Plaintiffs also appeal an order quashing their subpoena to depose the deputy attorney general who drafted a 1998 settlement agreement between DCA and Weisgarber’s employer, and to depose a second deputy attorney general concerning a suggestion that Weisgarber should be terminated in order to resolve a 2002 notice of revocation issued by the department to Vertical Technologies Inc. By statute and through relevant regulations, DCA clearly has discretion to revoke a company’s license for asbestos inspection; finding DCA’s authority to insist on certain settlement terms is implicit, the appellate panel affirms the orders. [Decided Oct. 2, 2009.]
