N.J. Admin. Code § 12:3-1.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 12:3-1.3 - Cause and conditions for debarment

(a) The Commissioner may debar a person from contracting with the Department or any agency within the control or jurisdiction of the Department for a definitely stated period of time for the violation of any labor law including but not limited to wage and hour, minimum wage, discrimination in wages and child labor laws and the prohibition against conflict set forth at 12:3-1.6.

1. Debarment from contracting with the Department shall be made only by the Commissioner except as otherwise provided by law.

(b) A violation of the State labor laws shall not necessarily require that a person be debarred. In each case, the decision to debar shall be made at the discretion of the Commissioner unless otherwise provided by law.

(c) The Commissioner may consider the following factors as material in each decision to debar:

1. The record of previous violations by the person with the Division of Wage and Hour Compliance;

2. Previous cases of debarment 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 outstanding audit(s) or failure(s) to pay;

6. Failure to 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 and/or services; and

9. Failure to comply with contract specifications.

(d) A violation of any labor law or the prohibition against conflict of interest shall be determined by the Commissioner. In the event an appeal taken from such determination results in a reversal, the debarment shall be removed unless the Commissioner determines that another cause for debarment exists.

N.J. Admin. Code § 12:3-1.3

Amended by R.1993 d.680, effective 12/20/1993.
See: 25 N.J.R. 4716(a), 25 N.J.R. 5933(b).
Amended by R.2009 d.166, effective 5/18/2009.
See: 41 N.J.R. 91(a), 41 N.J.R. 2123(b).
In (c)1, substituted "Division" for "Office".