N.J. Admin. Code § 17:19-4.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 17:19-4.3 - Procedures, period(s) of debarment and scope of debarment affecting the debarment of a firm(s) or an individual(s)

(a) The procedures, period of debarment and scope of debarment include the following:

1. When the DPMC seeks to debar a firm or an individual, the DPMC shall furnish to such firm or individual written notice: stating that debarment is being considered; setting forth the reasons for the proposed debarment; and indicating that such firm or individual will be afforded an opportunity for a hearing if such firm or individual so requests within a stated period of time. All such hearings shall be conducted in accordance with N.J.A.C. 17:19-5.

2. Where an agency of government, other than the DPMC, has imposed debarment upon a firm or an individual, the DPMC may also impose a similar debarment without affording an opportunity for a hearing, provided that the DPMC furnishes notice of the proposed similar debarment to that firm or individual, and affords that firm or individual an opportunity to present information in its behalf to explain why the proposed similar debarment should not be imposed, in whole, or in part.

3. Debarment shall be for a reasonable, definitely stated period of time, which as a general rule shall not exceed five years. Debarment for an additional period shall be permitted provided that notice thereof is furnished and the firm or the individual is afforded an opportunity to present information in its behalf to explain why the additional period of debarment should not be imposed.

4. Except as otherwise provided by law, a debarment may be removed or the period thereof may be reduced at the discretion of the Director upon the submission of a good faith application under oath, supported by documentary evidence, setting forth substantial and appropriate grounds for the granting of relief, such as newly discovered material evidence; reversal of a conviction or judgment; actual change of ownership, management, or control; or the elimination of the causes for which the debarment was imposed.

5. A debarment may include all known affiliates of a firm or an individual, provided that each decision to include an affiliate is made on a case-by-case basis after giving due regard to all relevant facts and circumstances. The offense, failure or inadequacy of performance of an individual may be imputed to a firm or an individual with whom the individual is affiliated, where such conduct was accomplished within the course of the individual's official duty or was affected by the knowledge or approval of the individual.

6. A firm that has been given notice of debarment by the DPMC shall not be eligible for an increase in its aggregate rating or an expansion of its trade classifications pending determination of the debarment action. The debarment or the suspension of a firm shall result in the immediate forfeiture of the firm's classification.

N.J. Admin. Code § 17:19-4.3

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 throughout, and changed N.J.A.C. references in 6.
Recodified from N.J.A.C. 17:19-3.3 and amended by R.2008 d.363, effective 12/1/2008.
See: 40 N.J.R. 3959(a), 40 N.J.R. 6825(a).
Inserted "the" preceding "DPMC" throughout; in (a)1, updated the N.J.A.C. reference; and in (a)5, substituted "affected" for "effected". Former N.J.A.C. 17:19-4.3, Discovery procedures, recodified to N.J.A.C. 17:19-5.3.