N.J. Admin. Code § 5:80-18.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:80-18.3 - Conditions affecting the debarment of a person(s)

(a) The following conditions shall apply concerning debarment:

1. Debarment shall be made only upon approval of the members of the Agency, upon their own action or upon recommendation by the Executive Director of the Agency, except as otherwise provided by law.

2. The existence of any of the causes set forth in N.J.A.C. 5:80-18.2 shall not necessarily require that a person be debarred. In each instance, the decision to debar shall be made within the discretion of the members of the Agency, upon their own action or upon recommendation by the Executive Director of the Agency, unless otherwise required by law, and shall be rendered in the best interests of the State.

3. All mitigating factors shall be considered in determining the seriousness of the offense, failure or inadequacy of performance, in deciding whether debarment is warranted.

4. The existence of a cause set forth in N.J.A.C. 5:80-18.2(a)1 -8 shall be established upon the rendering of a final judgment or conviction, including a guilty plea or a plea of nolo contendere by a court of competent jurisdiction or by an administrative agency empowered to render such judgment. In the event an appeal taken from such judgment or conviction results in reversal thereof, the debarment shall be removed upon the request of the debarred person unless other cause for debarment exists.

5. The existence of a cause set forth in N.J.A.C. 5:80-18.2(a)9 -12 and 15 shall be established by evidence which the Agency determines to be clear and convincing in nature.

6. Debarment for the cause set forth in N.J.A.C. 5:80-18.2(a)13 and 14 shall be proper, provided that one of the causes set forth in N.J.A.C. 5:80-18.2(a)1 -12 was the basis for debarment by the original debarring agency. Such debarment may be based entirely on the record of facts obtained by the original debarring agency, or upon a combination of such facts and additional facts.

N.J. Admin. Code § 5:80-18.3

Amended by R.1990 d.247, effective 5/21/1990.
See: 21 New Jersey Register 3350(a), 22 New Jersey Register 1556(b).
References to 5:80-18.2(a)14 and 15 added at (a)6 and (a)5.