N.J. Admin. Code § 19:38A-4.9

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

Section 19:38A-4.9 - Appeal process

(a) Any firm or person which is the subject of an adverse action, and which desires to appeal the Authority's determination, must transmit a written request to the Authority within seven calendar days of receipt of the notice of adverse action.

(b) If the adverse action is based upon an agency of government's prior similar action, the Authority may also impose a similar adverse action without affording an opportunity for a hearing, provided the Authority furnishes notice of the proposed similar adverse action to that party, and affords that party an opportunity to present information in its behalf to explain why the proposed similar adverse action should not be imposed in whole or in part.

(c) If the adverse action determination is based upon a criminal, civil or administrative judgment, the criminal, civil, or administrative judgment shall be proof of any fact essential to sustain it. The validity of the judgment may not be challenged on appeal.

(d) Upon timely appeal, a hearing shall be afforded in the following circumstances:

1. When a firm or person is proposed for debarment;

2. When a current, valid prequalification is revoked; or

3. When a timely and complete application to renew a current, valid prequalification is denied.

(e) Hearings under (d) above shall be conducted by the Office of Administrative Law in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. A final decision in such matters shall be made by the Board of Directors of the Authority.

(f) Nothing contained in this chapter shall be construed to limit the authority of the Authority to refrain from contracting within the discretion allowed by law.

N.J. Admin. Code § 19:38A-4.9

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 (a), substituted "Authority's" for "Corporation's".