N.J. Admin. Code § 5:80-18.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 5:80-18.4 - Procedures; period of debarment; scope of debarment affecting the debarment of a person(s)

(a) The Agency in seeking to debar a person or his affiliates shall furnish such party with a written notice:

1. Stating that debarment is being considered;

2. Setting forth the reasons for the proposed debarment; and

3. Indicating that such party will be afforded an opportunity for a hearing if he so requests within a stated period of time. All such hearings shall be conducted in accordance with the provisions of the Administrative Procedure Act. However, where another department or agency has imposed debarment upon a party, the Agency may also impose a similar debarment without affording an opportunity for a hearing, provided that the Agency furnishes notice of the proposed similar debarment to that party, and affords that party an opportunity to present information in his behalf to explain why the proposed similar debarment should not be imposed in whole or in part.

(b) Debarment shall be for a reasonable, definitely stated period of time which as a general rule shall not exceed five years. Debarment for an additional period shall be permitted provided that notice thereof is furnished and the party is afforded an opportunity to present information in his behalf to explain why the additional period of debarment should not be imposed.

(c) Except as otherwise provided by law, a debarment may be removed or the period thereof may be reduced in the discretion of the members of the Agency upon their own action or upon recommendation by the Executive Director of the Agency 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 causes for which the debarment was imposed.

(d) 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 giving due regard to all relevant facts and circumstances.

(e) The offense, failure or inadequacy of performance of an individual may be imputed to a person with whom he is affiliated, where such conduct was accomplished within the course of his official duty or was effected by him with the knowledge or approval of such person.

N.J. Admin. Code § 5:80-18.4

Amended by R.1985 d.559, effective 11/4/1985.
See: 17 New Jersey Register 1174(b), 17 New Jersey Register 2607(a).
(d) substantially amended; (e) added.
Amended by R.2000 d.132, effective 3/20/2000.
See: 32 New Jersey Register 191(a), 32 New Jersey Register 1065(a).