N.J. Admin. Code § 17:19-4.5

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

Section 17:19-4.5 - Conditions for suspension of a firm(s) or an individual(s)

(a) The conditions for the suspension of a firm or an individual shall include the following:

1. Suspension shall be imposed only upon approval of the Director and the Attorney General, except as otherwise provided by law.

2. The existence of any cause for suspension shall not require that a suspension be imposed, and a decision to suspend shall be made at the discretion of the Director and the Attorney General and shall be rendered in the best interest of the State.

3. Suspension shall not be based upon unsupported accusation, but upon adequate evidence that cause exists.

4. In assessing whether adequate evidence exists, consideration shall be given to the credible evidence that is produced, to the existence or absence of corroboration as to important allegations, and to inferences that may properly be drawn from the existence or absence of affirmative facts.

5. Reasonable suspicion of the existence of a cause described in 17:19-4.1(a)1 through 8 may be established by the rendering of a final judgment or judgment of conviction by a court or administrative agency of competent jurisdiction, by grand jury indictment or by evidence that such violations of civil or criminal law did in fact occur.

6. A suspension invoked by another agency of government for any of the causes described in 17:19-4.1(a)1 through 12 may be the basis for the imposition of a concurrent suspension by the DPMC, which may impose such suspension when found to be in the best interest of the State.

N.J. Admin. Code § 17:19-4.5

Amended by R.2000 d.76, effective 2/22/2000.
See: 31 N.J.R. 4237(a), 32 N.J.R. 712(a).
Substituted a reference to the Division of Property Management and Construction for a reference to the Division of Building and Construction.
Recodified from N.J.A.C. 17:19-3.5 and amended by R.2008 d.363, effective 12/1/2008.
See: 40 N.J.R. 3959(a), 40 N.J.R. 6825(a).
In (a)5 and (a)6, updated the N.J.A.C. references; and in (a)6, inserted "the" preceding "DPMC".