N.J. Admin. Code § 5:4-1.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:4-1.4 - Procedures; period of debarment; scope of debarment

(a) Any division within DCA seeking to debar a person or his affiliates shall furnish such person with a written notice which shall:

1. State that debarment is being proposed;

2. Set forth the reasons for the proposed debarment;

3. Indicate that the person is entitled to contest the proposed action in an administrative hearing to be conducted by the Office of Administrative Law in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1 et seq. provided that a request for such a hearing is made within 15 days of receipt by the person of notice of the proposed debarment, and that hearing requests are to be sent to the Hearing Coordinator, Department of Community Affairs, CN 800, Trenton, New Jersey 08625.

(b) Debarment shall be for a reasonable, definitely stated period of time which shall not, without good cause, exceed five years. Debarment for an additional period of time shall be permitted, provided that notice of the intention to impose an additional period of debarment is provided to the person and the person is afforded an opportunity to contest the proposed further debarment in accordance with the Administrative Procedure Act in the manner set forth in (a) above.

(c) Except as may otherwise be provided by law, a debarment may be removed, or the period of debarment reduced, by the Commissioner upon 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 debarment was imposed.

(d) A debarment may include all known affiliates of a person, provided that each affiliated person shall have the right to contest a proposed debarment in accordance with the Administrative Procedure Act in the manner set forth in (a) above.

N.J. Admin. Code § 5:4-1.4