N.J. Admin. Code § 17:19-4.6

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

Section 17:19-4.6 - Procedures, period of suspension and scope of suspension affecting the suspension of a firm(s) or an individual(s)

(a) The provisions regarding procedures, period of suspension and scope of suspension shall include the following:

1. The DPMC may suspend a firm or individual or the firm's or the individual's affiliates, provided that within 10 days before the effective date of the suspension, the DPMC provides such firm or individual with a written notice:

i. Stating that a suspension has been imposed and stating its effective date;

ii. Setting forth the reasons for the suspension to the extent that the Attorney General determines that such reasons may be properly disclosed;

iii. Stating that the suspension is for a temporary period pending the completion of an investigation and any legal proceedings that may ensue; and

iv. Indicating that, if such legal proceedings are not commenced, or the suspension removed within 60 days of the date of such notice, the firm or the individual will be given either a statement of the reasons for the suspension and an opportunity for a hearing pursuant to N.J.A.C. 17:19-5, or a statement declining to give such reasons, which sets forth the DPMC's position regarding the continuation of the suspension. Where the DPMC suspends a firm or an individual based on a suspension by any other agency of government, the DPMC shall identify same as a reason for the suspension.

2. A suspension shall not continue beyond 18 months from its effective date, unless civil or criminal action regarding the alleged violation has been initiated within that period, or unless debarment action has been commenced. When prosecution or debarment action has been initiated, the suspension may continue until the legal proceedings are completed.

3. A suspension may include all known affiliates of a firm or an individual provided that each decision to include an affiliate is made on a case-by-case basis after given due regard to all relevant facts and circumstances. The offense, failure or inadequacy of performance of a firm or an individual may be imputed within the course of the firm or the individual's official duty or was effectuated by the firm or the individual with the knowledge or approval of such firm or individual.

N.J. Admin. Code § 17:19-4.6

Amended by R.2000 d.76, effective 2/22/2000.
See: 31 N.J.R. 4237(a), 32 N.J.R. 712(a).
In (a), substituted references to the Division of Property Management and Construction for references to the Division of Building and Construction throughout.
Recodified from N.J.A.C. 17:19-3.6 and amended by R.2008 d.363, effective 12/1/2008.
See: 40 N.J.R. 3959(a), 40 N.J.R. 6825(a).
Inserted "the" preceding "DPMC" and "DPMC's" throughout; and in (a)1iv, updated the N.J.A.C. reference.