N.J. Admin. Code § 19:3-7.7

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

Section 19:3-7.7 - Procedures, period and scope of suspension

(a) When the Commission suspends a person or his affiliates from contracting, the person or persons suspended shall be furnished with a written notice within 10 days after the effective date of the suspension stating the following:

1. A suspension has been imposed and its effective date;

2. The reasons for the suspension to the extent that the Attorney General determines that such reasons may be properly disclosed;

3. Where a suspension by another department or agency in the executive branch has been the basis for suspension by the Commission, that fact as a reason for the suspension shall be specified;

4. The suspension is for a temporary period pending the completion of an investigation and such legal proceedings as may ensue; and

5. If legal proceedings are not commenced or the suspension removed within 60 days of the date of such notice, the party will be given a statement of the reasons for the suspension and an opportunity for a hearing if he so requests.

(b) A suspension shall not continue beyond 18 months from its effective date unless civil or criminal action regarding the alleged violation shall have been initiated within that period, or unless debarment action has been commenced. Whenever prosecution or debarment action has been initiated, the suspension may continue until the legal proceedings are completed.

(c) A suspension may include all known affiliates of a person, 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 person with whom he is affiliated, when such conduct was accomplished within the course of his official duty or was effectuated by him with the knowledge or approval of such person.

(d) A request for a hearing under (a) above shall be filed with the Commission at the following address:

Department of Legal Affairs

New Jersey Meadowlands Commission

1 DeKorte Park Plaza

Lyndhurst, NJ 07071

N.J. Admin. Code § 19:3-7.7