N.J. Admin. Code § 17:27-10.8

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

Section 17:27-10.8 - Investigatory conference; hearings

(a) When issuing a notice of violation or show cause order, the program monitoring unit or public agency compliance officer designated by a public agency who has received authority from the Division or Department shall provide written notice to the alleged violator that it shall submit within 10 business days of receipt of such notice a written response statement explaining why it is not in violation of this chapter or the affirmative action plan or provide a detailed explanation of how it will correct any such violation and the date by which it will do so.

(b) If the program monitoring unit or public agency compliance officer designated by a public agency who has received authority from the Division or Department determines that the contractor or subcontractor has not adequately explained why it is not in violation or if the program monitoring unit or public agency compliance officer designated by a public agency who has received authority from the Division or Department determines that the violation is continuing to occur, then it shall conduct an investigatory conference to determine whether there is a violation, if corrective measures must be taken and/or whether it would recommend to the Division that financial penalties should be imposed in accordance with N.J.S.A. 10:5-35 and 36. Such investigatory conference shall be conducted within 30 business days of the contractor's and/or subcontractor's submission of its written statement. The program monitoring unit may conduct interviews and request from appropriate parties the submission of additional information as is considered necessary to determine whether the alleged violation has occurred. As soon as practical after conclusion of the investigatory conference, the program monitoring unit shall issue an initial determination to the alleged violator.

(c) If the alleged violator intends to appeal the initial determination, it must submit a written appeal to the Division or Department within 10 days of receipt of the initial determination from the program monitoring unit. Any such appeal must identify the specific bases for seeking review, including all reasons that support the alleged violator's position.

(d) The Division or Department may disregard any appeal that is filed after the 10-day period. The Division or Department shall resolve an appeal of the program monitoring unit's initial determination by written decision on the basis of the Division's or Department's review of the written record (including any timely submission from the alleged violator) and information obtained by the Division or Department including, but not limited to, the violation notice, field monitoring reports, affirmative action data, pertinent standard operating procedures, administrative rules, statutes, case law and any associated information/documentation the Division or Department deems appropriate. Such review of the written record shall, in and of itself, constitute an informal hearing.

(e) At the discretion of the Division or Department, the alleged violator or any other relevant party may be called upon to make an oral presentation, which may include an opportunity to submit additional documentation relevant to the issues set forth in the violation notice or show cause order. Oral presentations as convened under these rules are fact-findings for the benefit of the Division or Department. At such oral presentations, the program monitoring unit, shall be represented by pertinent members of the Division or Department and by the Office of the Attorney General, if required. The Division or Department has the discretion to limit attendance at an oral presentation to those parties likely to be affected by the outcome of the appeal.

(f) The Division or Department, may perform a review of the written record or conduct an oral presentation directly. In the case of a review or oral presentation being handled by a hearing officer designee from outside the Division or Department, the determination of such designee shall be in the form of a report, which shall be advisory in nature and not binding on the Division or Department. All parties shall receive a copy of the hearing officer's report and shall have 10 business days to provide written comments or exceptions to the Division or Department. Subsequent to the 10-business-day period for comments or exceptions, the Division or Department shall issue an initial written decision on the matter. In the case of a review or oral presentation being handled by a designee from within the Division or Department, the determination shall be issued by the Division or Department, or the Division's or Department's designee.

(g) An appeal of the Division's or Department's determination may be made to the Office of Administrative Law in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 17:27-10.8

Amended by 49 N.J.R. 2968(b), effective 9/5/2017