N.J. Admin. Code § 12:60-7.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 12:60-7.4 - Notification of debarment

(a) When the Department seeks to debar a person, the person or persons shall be furnished with a written notice stating:

1. That debarment is being considered;

2. The provisions of 34:11-56.3 7 and 34:11-56.3 8;

3. The specific details of the violations referring to employees involved by name, job classifications, dates of violations and any amount found due;

4. The public work or EDA project involved during which performance of the violations cited occurred; and

5. That the person shall have the right to appeal the debarment to the Commissioner within 15 days of the date of the notice of intent to debar. Any appeal received within the 15-day period will be filed as of the 15th day.

(b) The notice of intent to debar shall be mailed, by regular mail and return receipt requested, to each corporate officer of record, partner, individual proprietor or other involved person.

(c) If, after confirmation that the person has been mailed the notice of intent to debar, the person has not filed an appeal, the person shall be listed as a debarred person.

(d) All hearings conducted pursuant to this section shall be conducted in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 and N.J.A.C. 1:12B. Where any other State department or agency has already imposed debarment upon a party, the Commissioner may also impose a similar debarment without affording an opportunity for a hearing, provided the Commissioner furnishes notice of the proposed similar debarment to that party, and affords that party an opportunity to present information in his or her behalf to explain why the proposed similar debarment should not be imposed in whole or part.

(e) Debarment shall be for a period of three years.

N.J. Admin. Code § 12:60-7.4

Amended by R.1996 d.113, effective 2/20/1996.
See: 27 New Jersey Register 4495(a), 28 New Jersey Register 1221(a).
Shortened the time for appeal from 25 to 15 days.