N.J. Admin. Code § 19:39-3.1

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

Section 19:39-3.1 - Monitoring workforce affirmative action compliance and procedures

(a) A goods and services or construction contractor's employee liaison designated in accordance with N.J.A.C. 19:39-2.1(a) shall meet, when requested, with the SDA's compliance inspector and/or other SDA representatives to ensure compliance with this chapter and the contractor's affirmative action plan.

(b) The SDA's compliance inspector shall conduct on-site visits and/or attend project meetings and, at reasonable times and in a reasonable manner, may request to enter the contractor's business facility or construction project site for the purpose of determining whether the contractor is complying with its affirmative action plan and is otherwise in compliance with the procedures set forth in this chapter.

(c) The SDA may investigate to determine if there is a violation of this subchapter or a contractor's affirmative action plan. If the SDA determines there is substantial probability that a violation is occurring, SDA may issue a written alert notice to a contractor. The written alert notice shall provide details of the alleged violation.

(d) If the alleged violation explained in the alert notice has not been corrected within three business days after the alert notice is received by the contractor, the SDA shall issue a violation notice to the contractor. Said violation notice shall provide details of the continuing violation.

(e) After SDA's issuance of a notice of violation, the alleged violator shall submit, within seven business days, a written statement explaining why it is not in violation of this subchapter or the affirmative action plan or an explanation of how it will correct any such violation. The SDA shall review the written statement, and if the SDA determines that the alleged violator has not adequately explained why it is not in violation or determines that the violation is continuing to occur, then SDA shall conduct an investigatory conference to determine whether there is a violation and/or if corrective measures must be taken. The conference may also be conducted to discuss and resolve issues before taking any action pursuant to N.J.A.C. 19:39-3.2. Such investigatory conference shall be conducted within 30 business days of the contractor's submission of its written statement. The conference may involve interviews of relevant parties and the SDA may request from appropriate parties the submission of additional information as is considered necessary to determine whether the alleged violation has occurred.

N.J. Admin. Code § 19:39-3.1

Amended by 47 N.J.R. 1651(c), effective 7/6/2015

Amended by 54 N.J.R. 2401(a), effective 12/19/2022