N.J. Admin. Code § 19:9-8.7

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

Section 19:9-8.7 - Procedures, period of suspension and scope of suspension affecting the suspension of a person(s)

(a) The Authority may suspend a person or his or her affiliates, provided that within 10 days after the effective date of the suspension, the Authority provides such party with a written notice stating:

1. That a suspension has been imposed and its effective date;

2. The reasons for the suspension;

3. That the suspension is for a temporary period pending the completion of an investigation and such legal proceedings as may ensue; and

4. That if such legal proceedings are not commenced or the suspension is not removed within 60 days of the date of such notice from the Authority, the party will be given a statement of the reasons for the continuation of the suspension and an opportunity for a hearing before the Authority conducted in accordance with the Administrative Procedures Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) A suspension shall not continue beyond 18 months from its effective date unless civil or criminal action regarding the alleged violation shall have been initiated within that period, or unless debarment action has been commenced. Whenever prosecution or debarment action has been initiated, the suspension may continue until the legal proceedings are completed.

(c) A suspension 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 giving due regard to all relevant facts and circumstances and after providing such affiliate(s) an opportunity for a hearing before the Authority.

N.J. Admin. Code § 19:9-8.7