N.J. Admin. Code § 16:44-11.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 16:44-11.2 - Conditions affecting debarment

(a) Debarment shall be made only upon approval of the Commissioner, except as otherwise provided by law.

(b) Any of the causes set forth in 16:44-11.1 shall not necessarily require that a person be debarred. In each instance, the decision to debar shall be made within the discretion of the Commissioner, unless otherwise required by law, and shall be rendered in the best interests of the State.

(c) All mitigating factors shall be considered in determining the seriousness of the offense, failure or inadequacy of performance and in deciding whether debarment is warranted.

(d) A cause set forth in 16:44-11.1(a)1 through 8 shall be established upon the rendering of a final judgment or conviction, including a guilty plea or a plea of nolo contendere by a court of competent jurisdiction or by an administrative agency empowered to render such judgment. If an appeal taken from such judgment or conviction results in reversal of the judgment or conviction, the debarment shall be removed upon the written request of the debarred person unless other cause for debarment exists.

(e) A cause set forth in 16:44-11.1(a)9 through 12 and (b) shall be established by clear and convincing evidence as determined by the Department.

(f) Debarment for the cause set forth in 16:44-11.1(a)13 shall be proper, provided that one of the causes set forth in 16:44-11.1(a)1 through 12 was the basis for debarment by the original debarring agency. Such debarment may be based entirely on the record of facts obtained by the original debarring agency, or upon a combination of such facts and additional facts.

N.J. Admin. Code § 16:44-11.2

Amended by R.1990 d.429, effective 9/4/1990.
See: 22 N.J.R. 1898(a), 22 N.J.R. 2750(a).
Citation corrected at (a)5.
Recodified from 16:44-8.3 by R.1994 d.198, effective 4/18/1994.
See: 25 N.J.R. 4727(a), 26 N.J.R. 1690(b).
Amended by R.2004 d.342, effective 9/7/2004.
See: 36 N.J.R. 1659(a), 36 N.J.R. 4155(b).
Rewrote the section.
Recodified from N.J.A.C. 16:44-8.2 and amended by R.2010 d.122, effective 6/21/2010.
See: 41 N.J.R. 3387(a), 42 N.J.R. 1239(a).
Updated the N.J.A.C. references throughout; and in (a) and (b), deleted "of Transportation" following "Commissioner".