N.J. Admin. Code § 19:9-8.3

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

Section 19:9-8.3 - 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 Board, except as otherwise provided by law.

2. The existence of any of the causes set forth in N.J.A.C. 19:9-8.2 shall not necessarily require that a person be debarred. In each instance, the decision to debar shall be made within the discretion of the Board, unless otherwise required by law, and shall be rendered in the best interests of the Authority.

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

4. The existence of a cause set forth in N.J.A.C. 19:9-8.2(a)1 through 8 shall be established upon the rendering of a final judgment or conviction, including, but not limited to, 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. 19:9-8.2(a)9 through 12 and (b) shall be established by evidence which the Authority determines to be clear and convincing in nature.

6. Debarment for the cause set forth in N.J.A.C. 19:9-8.2(a)13 shall be proper, provided that one of the causes set forth in N.J.A.C. 19:9-8.2(a)1 through 12 or (b), or an equivalent cause under the jurisdiction of the original debarring agency or governmental entity, was the basis for debarment by the original debarring agency or governmental entity. 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 adduced by the Authority.

N.J. Admin. Code § 19:9-8.3

Amended by 49 N.J.R. 3236(b), effective 9/18/2017