N.J. Admin. Code § 19:30-3.8

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:30-3.8 - Failure to comply

(a) In the event the Authority determines that a contractor is not in compliance with this subchapter, the Authority will notify the contractor, the project owner/applicant, the construction lender, and the agent or trustee, in writing, of the steps the contractors should take to be considered in compliance. The Authority's actions may include:

1. The Authority on its own initiative or in response to monitoring conducted by an AA Compliance Officer, or in response to a written complaint or allegation from an interested party, shall investigate any complaint or allegation of violation of this subchapter. If the Authority determines there is a substantial probability that a violation is occurring, it may issue a written alert notice to a contractor or subcontractor and/or project owner/applicant if applicable. The alert notice shall explain in sufficient detail the facts of the alleged violation.

2. If the alleged violation explained in the alert notice has not been corrected to the satisfaction of the Authority within seven business days after it is received by the contractor or subcontractor, the Authority shall issue a violation notice to said contractor or subcontractor and/or project owner/applicant if applicable. Said violation notice shall explain in sufficient detail the facts of the continuing violation.

3. The Authority, acting on its own initiative or in response to a written complaint or allegation from an interested party, shall investigate any written complaint or allegation of a violation. If the Authority staff investigating the complaint or allegation determines there is a substantial probability that a violation is occurring, the Authority shall issue a violation notice to said contractor or subcontractor and/or project owner/applicant if applicable. Said violation notice shall explain in sufficient detail the facts of the continuing violation.

4. The notice of violation shall notify the alleged violator that it shall submit within seven business days, a written statement explaining why it is not in violation of this subchapter or an explanation of how it will correct any such violation. If the Authority determines that the contractor or subcontractor has not adequately explained why it is not in violation or if the Authority determines that the alleged violation is continuing to occur, then it shall conduct an investigatory conference to determine whether there is a violation and/or if corrective measures must be taken. A conference may also be conducted to discuss and resolve issues before imposing financial penalties in accordance with 10:5-35 and 36. The investigatory conference shall be conducted within 30 business days of the alleged violator's submission of its written statement in response to the violation notice. The Authority 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.

5. A technical assistance meeting with the Authority may be requested by a contractor and/or subcontractor at any time, whether or not a violation has been alleged.

(b) If the contractor fails to comply or otherwise respond after receipt of the notice in (a) above, and/or when the Authority determines that a contractor, subcontractor or project owner/applicant or landlord not exempted by 19:30-3.4 is in violation of this subchapter, the Authority may take action against the contractor, subcontractor or project owner/applicant by ordering or taking part in any or all of the remedial actions in (b)1 through 5 below:

1. Institute debarment proceedings to preclude a contractor from contracting on Authority projects (see N.J.A.C. 19:30-2 ); and

2. Refer reported violations to the Attorney General for enforcement action under the "Law Against Discrimination".

3. Subject the contractor, subcontractor or project owner/applicant to a fine of up to $ 1,000 for each violation for each day during which the violation continues, said fine to be collected in a summary manner pursuant to the Penalties Enforcement Law of 1999 (2A:58-10 et seq.);

4. Direct the project owner/applicant/agent/trustee or lender to withhold part or all of the contract or subcontract payments then due and owing; and/or

5. Refer the determination of violation proceeding to the Authority unit that administers the Authority financial assistance to determine if the commitment to, or offer of, Authority financial assistance should be withdrawn from the project owner/applicant or terminated and/or repaid.

N.J. Admin. Code § 19:30-3.8

Amended by R.1990 d.411, effective 8/20/1990.
See: 22 N.J.R. 1537(a), 22 N.J.R. 2532(a).
Reference to subchapter 2 added. Section recodified from 6.6.
Amended by R.2005 d.274, effective 8/15/2005.
See: 37 N.J.R. 1714(a), 37 N.J.R. 3058(a).
Rewrote (a), added (c)
Recodified from N.J.A.C. 19:30-3.6 and amended by R.2010 d.285, effective 12/6/2010.
See: 42 N.J.R. 2019(a), 42 N.J.R. 2969(a).
Rewrote the section.