N.J. Admin. Code § 17:46-1.10

Current through Register Vol. 56, No. 11, June 3, 2024

Section 17:46-1.10 - Obligations to provide information; penalties for failure to provide complete and accurate information; information and hearing procedures

(a) Applicants for certification under this chapter shall accurately and honestly supply all information required by the Division.

(b) Any business certified by the Division as a minority and/or women's business shall immediately apprise the Division of any circumstances that in any way affect the ownership composition of the business, or the control over the business, or otherwise affect the eligibility of the business under this chapter.

(c) The failure of a business to report any such changed circumstances, or the intentional falsification, shall disqualify the business for inclusion on any electronic database under this chapter and may subject the business to other sanctions provided for by other State agencies or departments, the Attorney General, or other enforcement agencies.

(d) When the Division determines that a business has been certified as a minority and/or women's business on the basis of false information knowingly supplied, the Division shall provide notice, including notice of the proposed penalties.

(e) The certificate holder shall have 10 days to file a notice of appeal with the Director. The notice of appeal shall provide the specific grounds for appealing the determination, including all relevant documentation.

(f) Receipt of a proper appeal will constitute a contested case, eligible for hearing pursuant to N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and N.J.A.C. 1:1.

(g) The Director may impose both financial penalties and periods of ineligibility upon the business, including:

1. Assessment of a penalty in the amount of not more than 10 percent of the total dollar amount of all contracts and/or purchases awarded by the State and any of its instrumentalities to that business in reliance on its representation of ownership and/or control, for the duration of the period of the misrepresentation; or

2. Revocation of the certification of the business and removal of the business from SAVI.

(h) Any applicant who knowingly supplies false information or has been awarded a contract to which the business would not otherwise have been entitled in the absence of that false information, shall, upon conviction, be guilty of a crime of the fourth degree.

(i) When a business's request for certification has been denied or its certification has been revoked based upon false information knowingly provided by that business in its submitted Uniform Certification Application or its annual Certification Verification Statement, the business has the right to an appeal. Revocation of a certification based on false information knowingly supplied by the business is addressed by the procedures in this section.

N.J. Admin. Code § 17:46-1.10

Amended by 52 N.J.R. 2181(b), effective 12/21/2020