N.J. Admin. Code § 19:38A-4.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 19:38A-4.4 - Conditions for suspension

(a) The conditions for the suspension of a firm shall include the following:

1. Suspension shall be imposed only upon approval of the CEO and the Attorney General, except as otherwise provided by law.

2. The existence of any cause for suspension shall not require that a suspension be imposed, and a decision to suspend shall be made at the discretion of the CEO and the Attorney General and shall be rendered in the best interest of the State.

3. Suspension shall not be based upon unsupported accusation, but upon reasonable suspicion that cause exists.

4. In assessing whether reasonable suspicion exists, consideration shall be given to the credible information provided to or obtained by the Office, to the existence or absence of corroboration as to important allegations, and to inferences that may properly be drawn from the existence or absence of affirmative facts.

5. Reasonable suspicion of the existence of a cause described in N.J.A.C. 19:38A-4.1(b) may be established by the rendering of a final judgment or judgment of conviction by a court or administrative agency of competent jurisdiction, by grand jury indictment or by other information that such causes did in fact occur.

6. A suspension invoked by another agency of government for a cause equivalent to one described in N.J.A.C. 19:38A-4.1(b) may be the basis for the imposition of a concurrent suspension by the Authority, which may impose such suspension when found to be in the best interest of the State.

7. Suspension may include all known affiliates of a firm, 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.

N.J. Admin. Code § 19:38A-4.4

Amended by R.2014 d.002, effective 1/6/2014.
See: 45 N.J.R. 1597(a), 46 N.J.R. 134(a).
In (a)6, substituted "Authority" for "Corporation".