N.J. Admin. Code § 19:3-7.3

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

Section 19:3-7.3 - Conditions for debarment

(a) Debarment from contracting shall be made only by the Commission, except as otherwise provided by law.

(b) The existence of any of the causes set forth in N.J.A.C. 19:3-7.2 shall not necessarily require that a person be debarred. In each instance, the decision to debar shall be made within the discretion of the Commission unless otherwise required by law, and shall be rendered in the best interest of the State.

(c) All mitigating factors shall be considered in determining the seriousness of the offense and failure or inadequacy of performance and in deciding whether debarment is warranted.

(d) The existence of a cause set forth in N.J.A.C. 19:3-7.2(a)1 through 7 shall be established upon the rendering of a final judgment or conviction 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.

(e) The existence of a cause set forth in N.J.A.C. 19:3-7.2(a)8 through 11 shall be established by evidence which the Commission determines to be clear and convincing in nature.

(f) Debarment for the cause set forth in N.J.A.C. 19:3-7.2(a)12 shall be proper provided that one of the remaining causes set forth in N.J.A.C. 19:3-7.2 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 § 19:3-7.3