Statutes, codes, and regulations
New Jersey Administrative Code
Title 17 - TREASURY - GENERALChapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT
Subchapter 4 - COMPLAINT AND AUDIT PROCEDURES
Section 17:12-4.4 - Time frames

N.J. Admin. Code § 17:12-4.4

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Current through Register Vol. 56, No. 21, November 4, 2024
Section 17:12-4.4 - Time frames
(a) As soon as possible after receipt of the complaint, CCAU will provide written notice to the contractor against which the complaint was filed.
(b) Once notified, the contractor must reply to the complaint within 10 business days of its receipt thereof or, pursuant to (f) below, prior to the deadline specified in CCAU's notice of complaint, whichever date is earlier. The contractor may cure or submit a corrective action plan for any defects during that period. A cure or corrective action plan may be taken into consideration by CCAU in determining whether a complaint is to be resolved against the contractor. The contractor shall notify CCAU of any cure or corrective action plan effected by the contractor. However, such a cure or corrective action plan shall not serve as cause for automatic invalidation of a meritorious complaint.
(c) The using agency may file, with CCAU, a response to the submission of the contractor within five business days of receipt thereof and provide a copy of its response to the contractor.
(d) As soon as practicable after receipt of the response provided in (c) above, CCAU shall issue an initial determination to the contractor and complainant regarding the merits of the complaint. The contractor or complainant may file an appeal to the Director within 10 business days of receipt of CCAU's initial determination or, pursuant to (f) below, prior to the deadline specified in CCAU's initial determination, whichever date is earlier.
(e) If the Director finds that a complaint against a contractor is valid, the contractor shall be notified of the time by which corrections are to be made.
(f) Any time frame specified in this subchapter may be shortened or extended by the Director or CCAU for good cause. In such instances, the Director shall give adequate notice to the parties involved.
(g) A pending complaint or an initial determination by the CCAU shall not prevent the State from exercising any other right or seeking any remedy available at law or in equity.

N.J. Admin. Code § 17:12-4.4

Amended by R.1999 d.407, effective 11/15/1999.
See: 31 N.J.R. 2301(a), 31 N.J.R. 3742(b).
Rewrote the section.
Amended by R.2005 d.128, effective 4/18/2005.
See: 36 N.J.R. 5230(a), 37 N.J.R. 1218(a).
In (b), added the last sentence; rewrote (d).
Amended by R.2012 d.074, effective 4/2/2012.
See: 43 N.J.R. 3308(a), 44 N.J.R. 1143(b).
In (a), substituted "provide written notice to" for "inform", and deleted "of the complaint in writing" following "filed"; in (b) through (d), inserted "business"; in (b), substituted "Once notified, the" for "The", deleted "against which the complaint was filed" following the first occurrence of "contractor", and inserted "or, pursuant to (f) below, prior to the deadline specified in CCAU's notice of complaint, whichever date is earlier"; in (c), inserted ", with CCAU," and substituted "contractor" for "respondent"; in (d), inserted "or, pursuant to (f) below, prior to the deadline specified in CCAU's initial determination, whichever date is earlier"; and added (g).