N.J. Admin. Code § 19:9-8.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:9-8.4 - Procedures, period of debarment, and scope of debarment affecting the debarment of a person(s)

(a) When the Authority seeks to debar a person or his or her affiliates, the Authority shall furnish such party with a written notice stating:

1. That debarment is being considered;

2. The reasons for the proposed debarment; and

3. That such party will be afforded an opportunity for a hearing before the Authority if he or she so requests within 14 days from the date of personal delivery or 17 days from the date of mailing of such notice by the Authority. All such hearings shall be conducted in accordance with the provisions of the Administrative Procedures Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) Notwithstanding the requirements set forth in (a) above, where another department or agency of the State of New Jersey has imposed debarment upon a party, the Authority may also impose a similar debarment without affording an opportunity for a hearing, provided that the Authority furnishes notice of the proposed similar debarment to the party, and affords that party an opportunity to present information on his or her behalf to explain why the proposed similar debarment should not be imposed in whole or in part.

(c) Debarment shall be for a reasonable, finite period of time, which shall not exceed an initial period of five years. If the Authority determines, in its discretion, that after the expiration of the initial period of debarment an additional period of debarment is warranted, such additional debarment period shall be permitted, provided that notice thereof is furnished and the party is afforded an opportunity to contest the proposed further debarment in accordance with the procedures set forth in (a) above. Such additional period of debarment shall be for a reasonable, finite period of time, which shall not exceed five years.

(d) Except as otherwise provided by law, a debarment may be removed or the period thereof may be reduced in the discretion of the Authority upon the submission of a good faith application under oath, supported by documentary evidence setting forth substantial and appropriate grounds for the granting of relief, such as newly discovered material evidence, reversal of a conviction or judgment, actual change of ownership, management or control, or the elimination of the cause(s) for which the debarment was imposed.

(e) A debarment 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 providing that affiliate an opportunity to contest such proposed debarment in accordance with the procedure set forth in (a) above.

N.J. Admin. Code § 19:9-8.4

Amended by R.2010 d.077, effective 6/7/2010.
See: 42 N.J.R. 155(a), 42 N.J.R. 1064(a).
In (b), inserted "or her"; and in (c), substituted "finite" for "definitely stated" twice.