N.J. Admin. Code § 19:38A-4.6

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

Section 19:38A-4.6 - Grounds for debarment

(a) A firm or person may be debarred for any of the causes listed in N.J.A.C. 19:38A-4.1.

(b) The Authority shall have the burden of proof by clear and convincing evidence in any debarment action. The rendering of a final judgment, including by a guilty plea or plea of nolo contendere, by a court of competent jurisdiction or by an administrative agency empowered to render such judgment, shall be sufficient but not required to establish the existence of the causes set forth in N.J.A.C. 19:38A-4.1(b)7, 8, 9, and 10.

(c) The existence of any of the causes listed in N.J.A.C. 19:38A-4.1 shall not necessarily require that a firm or person be debarred. In each instance, the decision to debar shall be made within the discretion of the Authority unless otherwise required by law and shall be rendered in the best interests of the State.

(d) All mitigating factors shall be considered in determining the seriousness of the offense, failure or inadequacy of performance, and in deciding whether to debar.

(e) If a firm, key person, or person required to be listed in the application has been convicted of a crime which may be grounds for debarment, the Authority may consider any of the actions listed in N.J.A.C. 19:38A-4.1(d), which are taken or proposed by the firm, in determining whether to debar.

N.J. Admin. Code § 19:38A-4.6

Amended by R.2014 d.002, effective 1/6/2014.
See: 45 N.J.R. 1597(a), 46 N.J.R. 134(a).
Substituted "Authority" for "Corporation" throughout; and in (e), inserted a comma following "key person".