N.J. Admin. Code § 17:19-4.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 17:19-4.2 - Conditions affecting the debarment of a firm(s) or an individual(s)

(a) The following conditions apply to 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 N.J.A.C. 17:19-4.1 shall not necessarily require that a firm or an individual 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 N.J.A.C. 17:19-4.1(a)1 through 8 shall be established upon the rendering of a final judgment or judgment of conviction or 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 written request of the debarred firm or individual, unless other cause for debarment exists.

5. The existence of a cause set forth in N.J.A.C. 17:19-4.1(a)9 through 12 shall be established by evidence that the Director determines to be clear and convincing in nature.

6. Debarment for the cause set forth in N.J.A.C. 17:19-4.1(a)13 shall be proper, provided that one of the causes set forth in N.J.A.C. 17:19-4.1(a)1 through 12 was the basis for debarment by the original debarring agency. Such debarment may be based entirely on record of facts obtained by the original debarring agency.

N.J. Admin. Code § 17:19-4.2

Amended by R.2000 d.76, effective 2/22/2000.
See: 31 N.J.R. 4237(a), 32 N.J.R. 712(a).
In (a), substituted references to the Division of Property Management and Construction for references to the Division of Building and Construction in the introductory paragraph and 12, and inserted "of any state or Federal government" at the end of 13.
Recodified from N.J.A.C. 17:19-3.2 and amended by R.2008 d.363, effective 12/1/2008.
See: 40 N.J.R. 3959(a), 40 N.J.R. 6825(a).
In (a)2, (a)4, (a)5, and (a)6, updated the N.J.A.C. references. Former N.J.A.C. 17:19-4.2, Requests for hearings; hearing procedures; time limitations, recodified to N.J.A.C. 17:19-5.2.