N.J. Admin. Code § 5:4-1.7

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

Section 5:4-1.7 - Procedures; period of suspension; scope of suspension

(a) The Commissioner, after consultation with the Division of Law, may suspend a person or his affiliates, provided that within 10 days after the effective date of the suspension, the Commissioner provides each affected person with a written notice which shall:

1. State that a suspension has been imposed and set forth its effective date;

2. Set forth the reasons for the suspension to the extent that the Division of Law determines that such reasons may properly be disclosed;

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

4. Indicate that, if such legal proceedings are not commenced or the suspension removed within 60 days of the date of such notice, the person will be given an opportunity to contest the suspension in accordance with the Administrative Procedure Act in the manner set forth in 5:4-1.4(a).

(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 shall have been initiated. Whenever civil or criminal prosecution or debarment action shall have been initiated, the suspension may be continued until all legal proceedings shall have been completed.

(c) A suspension may include all known affiliates of a person, provided that each affected person shall have the right after 60 days from the date of the notice of suspension to contest the suspension in accordance with the Administrative Procedure Act in the manner set forth in 5:4-1.4(a).

N.J. Admin. Code § 5:4-1.7

Amended by R.1997 d.375, effective 9/15/1997.
See: 29 New Jersey Register 2734(a), 29 New Jersey Register 4101(a).
Amended N.J.A.C. references throughout.