N.J. Admin. Code § 17:12-6.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:12-6.4 - Conditions affecting the debarment of a person(s)

(a) The following conditions shall apply concerning debarment:

1. Debarment shall be made only upon approval of the Director, except as otherwise provided by law.

2. The existence of any of the causes set forth in 17:12-6.3 shall not necessarily require that a person be debarred. In each instance, the decision to debar shall be made within the discretion of the Director, unless otherwise required by law, and shall be rendered in the best interests of the State.

3. 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.

4. The existence of a cause set forth in 17:12-6.3(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. In the event an appeal taken from such judgment or conviction results in reversal thereof, the debarment shall be removed upon the request of the debarred person unless other cause for debarment exists.

5. The existence of a cause set forth in 17:12-6.3(a)9 through 12 shall be established by evidence which the Director determines to be clear and convincing in nature.

6. Debarment for the cause set forth in 17:12-6.3(a)13 shall be proper, provided that one of the causes set forth in 17:12-6.3(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 § 17:12-6.4

Emergency amendment, R.1989 d.481, effective 8/14/1989 (expired October 13, 1989).
See: 21 N.J.R. 2810(a).
Recodified from 17:12-7.3.
Adopted concurrent proposal, R.1989 d.554, effective 10/13/1989.
See: 21 N.J.R. 2810(a), 21 N.J.R. 3545(b).
Provisions of emergency amendment R.1989 d.481 readopted without change.
Recodified from N.J.A.C. 17:12-6.3 and amended by R.1999 d.407, effective 11/15/1999.
See: 31 N.J.R. 2301(a), 31 N.J.R. 3742(b).
In (a), changed N.J.A.C. references throughout, and substituted a reference to the Director for a reference to P and P in 5. Former N.J.A.C. 17:12-6.4, Procedures, period of debarment and scope of debarment affecting the debarment of a person(s), recodified to N.J.A.C. 17:12-6.5.