reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 10 - VIOLATIONS AND PENALTIES › Subchapter 1 - VIOLATIONS › Section 4A:10-1.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person or appointing authority shall violate the provisions of Title 11A, New Jersey Statutes, or Title 4A, N.J.A.C.
(b) No person or appointing authority shall fail to comply with an order of the Civil Service Commission or the Chairperson of the Commission or designee.
(c) No person or appointing authority shall obstruct a persons lawful opportunity to participate in the selection and appointment process or a persons lawful pursuit of any remedy or appeal under Title 11A, New Jersey Statutes, and Title 4A, N.J.A.C.
(d) No person shall make any false statement or perform any fraudulent act in connection with any examination, certification, appointment, or other personnel transaction under the provisions of Title 11A, New Jersey Statutes, and Title 4A, N.J.A.C.
(e) No person shall pay, offer, solicit, or accept any compensation, service, or other consideration to affect any appointment or other personnel transaction under the provisions of Title 11A, New Jersey Statutes, and Title 4A, N.J.A.C.
1. No person shall pay or offer any compensation, service, or other consideration to induce the retirement or resignation of an employee in order to gain a promotion or the opportunity for a promotion, or an advancement appointment or the opportunity for an advancement appointment.
2. No person shall solicit or accept any compensation, service, or other consideration as an inducement to retire or resign in order to allow an employee to gain a promotion or the opportunity for a promotion, or an advancement appointment or the opportunity for an advancement appointment.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 10 - VIOLATIONS AND PENALTIES › Subchapter 1 - VIOLATIONS › Section 4A:10-1.2 - Political activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No employee in the career or senior executive service shall directly or indirectly use or seek to use his or her position to control or affect the political action of another person or engage in political activity during working hours. See 11A:2-23.
(b) No employee in the career, senior executive, or unclassified services whose principal employment is in connection with a program financed in whole or in part by Federal grants or loans, shall engage in any of the following prohibited activities under the Hatch Act ( 5 U.S.C. §§
										1501 et seq.):
1. Use official authority or influence for the purpose of interfering with or affecting the result of an election or nomination for office;
2. Directly or indirectly coerce, attempt to coerce, command, or advise a State, county, or municipal officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
3. Be a candidate for elective office, if the salary of the employee is paid completely, directly or indirectly, by Federal grants or loans, except that this prohibition shall not apply to:
i. The Governor or Lieutenant Governor or an individual authorized by law to act as Governor;
ii. The mayor of a city;
iii. A duly elected head of an executive department of the State or a municipality, which office does not fall under the Civil Service Act at Title 11A, New Jersey Statutes; or
iv. An individual holding elective office.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 10 - VIOLATIONS AND PENALTIES › Subchapter 2 - ENFORCEMENT › Section 4A:10-2.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where there is evidence of a violation of or noncompliance with Title 11A, New Jersey Statutes, or Title 4A, N.J.A.C., the Civil Service Commission shall conduct an investigatory hearing or other review, as appropriate. If a violation or noncompliance is found, the Commission may:
1. Issue an order of compliance;
2. Assess costs, charges, and fines not to exceed $ 10,000;
3. Order the appointment of an eligible from an outstanding list;
4. In State service, consolidate personnel functions;
5. Initiate a civil action in the Superior Court;
6. Recommend criminal prosecution; or
7. Take other appropriate action pursuant to law or rule.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 10 - VIOLATIONS AND PENALTIES › Subchapter 2 - ENFORCEMENT › Section 4A:10-2.2 - Failure to appoint from complete certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the examination process has been initiated due to the appointment of a provisional or at an appointing authority's request, the appointing authority shall make an appointment from a resulting complete certification.
1. When an appointing authority has notified the Chairperson or designee, either by the date of the examination or within 30 days after the initial date of the examination announcement, whichever date is earlier, that it has vacated the position and terminated the provisional appointee, the Chairperson or designee may cancel the examination, permit the appointing authority not to make a permanent appointment, or take other appropriate action.
2. Following the period set forth in (a)1 above, an appointing authority may, for valid reasons such as fiscal constraints, petition the Commission for permission not to make a permanent appointment. The Commission may grant such petition, but may order the appointing authority to reimburse the Commission for the costs of the selection process, provided, however, that when the jurisdiction in which the appointing authority is situated has agreed to the intergovernmental transfer pursuant to 4A:4-7.1A of an employee into a title for which an open competitive or promotional list exists, the appointing authority may petition the Commission for a waiver of the costs of the selection process. The Commission shall notify the appointing authority of the amount of the reimbursement and provide an opportunity to respond to the assessment within 20 days of such notice.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 10 - VIOLATIONS AND PENALTIES › Subchapter 2 - ENFORCEMENT › Section 4A:10-2.3 - Enforcement action

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission or any resident or other party in interest may bring an action in the Superior Court for the enforcement of Title 11A, New Jersey Statutes, Title 4A, N.J.A.C., or an order of the Chairperson or the Commission. The Commission may join in any pending action.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 10 - VIOLATIONS AND PENALTIES › Subchapter 2 - ENFORCEMENT › Section 4A:10-2.4 - Criminal violation

Current through Register Vol. 56, No. 14, July 15, 2024
It is a crime of the fourth degree for any person to purposefully or knowingly violate or conspire to violate any provision of Title 11A, New Jersey Statutes, Title 4A, N.J.A.C., or an order of the Chairperson or Commission.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 10 - VIOLATIONS AND PENALTIES › Subchapter 3 - SALARY DISAPPROVAL › Section 4A:10-3.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson of the Civil Service Commission or designee, or the Commission, may disapprove and order the payment stopped of the salaries of any person employed in violation of Title 11A, New Jersey Statutes, Title 4A, N.J.A.C., or an order of the Chairperson or Commission, the individual with employment authority over such person, and the person who authorizes payment of a disapproved salary.
(b) A notice of salary disapproval shall be given to the appointing authority, the affected employee, and other persons whose salaries are to be disapproved.
1. The notice shall state the nature of the violation and provide the appointing authority, the affected employee, and other affected persons 10 days to respond to the notice of salary disapproval.
2. A review conference may also be held at a time and location specified by the Chairperson or designee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 10 - VIOLATIONS AND PENALTIES › Subchapter 3 - SALARY DISAPPROVAL › Section 4A:10-3.2 - Penalties and remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In salary disapproval matters, the Commission may:
1. Disapprove the payment of salary to an employee hired in violation of Title 11A, New Jersey Statutes, and Title 4A, N.J.A.C.;
2. Disapprove the payment of salary to persons who have approved or continued the payment of a disapproved salary or persons who have employment authority over an employee whose salary has been disapproved;
3. Order the appointment of an eligible from an outstanding certification;
4. Revive an employment list;
5. Assess costs, charges, or fines pursuant to 11A:10-3;
6. Initiate a civil action in the Superior Court; and
7. Take other appropriate actions pursuant to law or rule.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 1 - STANDARDS OF CONDUCT › Subchapter 1 - GENERAL PROVISIONS › Section 5:1-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The standards of conduct applicable to employees in the career
				  service pursuant to the rules of the Department of Personnel are hereby made
				  applicable to all officers and employees of the Department of Community Affairs,
				  irrespective of whether they are or are not in the career service.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 1 - STANDARDS OF CONDUCT › Subchapter 2 - DEFINITIONS › Section 5:1-2.1 - Words and phrases defined

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise:
"Code of Fair Practices" means the Governor's Code of Fair
				  Practices promulgated by the Honorable Richard J. Hughes as Executive Order No. 21,
				  dated June 24, 1965.
"Commissioner" means the Commissioner of the Department of
				  Community Affairs or his duly designated representative.
"Department" means the New Jersey Department of Community
				  Affairs.
"Person" means an officer or employee of the Department of
				  Community Affairs. This definition shall also include consultants, specially
				  employed individuals and any one else who enters into an employment relationship,
				  however temporary, with the Department or who is retained by the Department as an
				  independent contractor. Where applicable, the term "person" shall include
				  corporations, partnerships or other business entities. Furthermore, when the word
				  "he" is used as a pronoun in place of the word "person" it shall include both
				  sexes.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 1 - STANDARDS OF CONDUCT › Subchapter 5 - CODE OF FAIR PRACTICES › Section 5:1-5.1 - Conduct

Current through Register Vol. 56, No. 14, July 15, 2024
Each person shall, in his dealings with any other person,
				  including prospective officers and employees and individuals outside the Department,
				  conduct himself consistently with the Code of Fair Practices, the New Jersey Law
				  Against Discrimination and the Civil Rights Act.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 1 - STANDARDS OF CONDUCT › Subchapter 5 - CODE OF FAIR PRACTICES › Section 5:1-5.2 - Personnel actions

Current through Register Vol. 56, No. 14, July 15, 2024
In furtherance of
				  5:1-5.1, this Department's policy is
				  that all personnel actions, including, but without limitation, employment,
				  promotion, demotion, transfer, recruitment, layoff or termination, rates of pay or
				  other forms of compensation and work assignments shall be conducted on a wholly
				  nondiscriminatory basis, and shall be on the basis of merit alone; provided,
				  however, that nothing contained herein shall be construed to forbid the employment
				  or upgrading of those persons who, by reason of prior invidious discrimination on
				  the basis of race, creed, color, religion, national origin, ancestry, age, marital
				  status, affectional or sexual orientation, sex, atypical hereditary cellular or
				  blood trait, or liability for service in the Armed Forces of the United States have
				  been heretofore prevented from attaining their full productive potential.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 1 - STANDARDS OF CONDUCT › Subchapter 5 - CODE OF FAIR PRACTICES › Section 5:1-5.3 - Inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall inquire, or cause an inquiry to be made, with
				  respect to the race, creed, color, religion, national origin, ancestry, age, marital
				  status, affectional or sexual orientation, sex, atypical hereditary cellular or
				  blood trait, or liability for service in the Armed Forces of the United States of
				  any other person or prospective officer or employee of this Department, except to
				  the extent that such inquiry is required by law. In such event, the information so
				  received shall be used only for the purposes for which it was gathered, and under no
				  circumstances shall it be used for any purpose prohibited by these rules or by any
				  applicable law, statute or ordinance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 1 - STANDARDS OF CONDUCT › Subchapter 6 - CONFLICT OF INTEREST › Section 5:1-6.1 - Compliance with Uniform Code of Ethics

Current through Register Vol. 56, No. 14, July 15, 2024
All officers and employees of the Department of Community Affairs
				  shall comply with the Uniform Code of Ethics, promulgated by the State Ethics
				  Commission pursuant to
				  N.J.S.A.
				  52:13D-23.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 1 - STANDARDS OF CONDUCT › Subchapter 7 - POLITICAL ACTIVITIES › Section 5:1-7.1 - Use of position or authority; prohibition

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall use his official position or authority to
				  influence or control, in any manner whatsoever, either directly or indirectly,
				  another person's right to vote for political candidates of his own choosing, or to
				  contribute or to refuse to contribute to political parties or candidates.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 1 - STANDARDS OF CONDUCT › Subchapter 7 - POLITICAL ACTIVITIES › Section 5:1-7.2 - Hatch Act

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to the requirements imposed on all persons by the law
				  of this State, those persons "principally employed in connection with the activities
				  of this Department that are financed in whole or in part by federal funds" are also
				  subject to the Hatch Act ( 5 U.S.C. § 118 K).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 1 - STANDARDS OF CONDUCT › Subchapter 7 - POLITICAL ACTIVITIES › Section 5:1-7.3 - Persons principally engaged

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To effectuate the
				provisions of applicable federal law without unduly restricting the freedom of any
				person, it shall be the duty of the Commissioner, in consultation with the Attorney
				General, to determine which persons are "principally engaged" in covered work. This
				shall be accomplished as promptly as possible following the adoption of these
				regulations, and thereafter as the circumstances may warrant.
(b) The persons determined to be covered shall be
				immediately informed of such fact, and the effect of such coverage shall be fully
				explained.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 2 - ORGANIZATIONAL RULES › Subchapter 2 - PETITIONS FOR RULES › Section 5:2-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to all petitions made by interested
				  persons for the promulgation, amendment or repeal of any rule by the Department of
				  Community Affairs, or by any of its component divisions or bureaus, pursuant to
				  52:14B-4(f).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 2 - ORGANIZATIONAL RULES › Subchapter 2 - PETITIONS FOR RULES › Section 5:2-2.2 - Form of petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petition for the
				promulgation, amendment or repeal of a rule shall be in writing, shall be legible
				and reasonably comprehensible, and shall be signed by the petitioner.
(b) Any such petition shall contain all of the
				following information:
1. The full name and
				address of the petitioner;
2. The
				substance or nature of the rulemaking that is requested;
3. The reasons for the request;
4. The petitioner's interest in the request,
				including, without limitation, any relevant organizational affiliation or economic
				interest; and
5. The statutory authority
				under which the Department may take the requested action.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 2 - ORGANIZATIONAL RULES › Subchapter 2 - PETITIONS FOR RULES › Section 5:2-2.3 - Procedure for petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for the
				promulgation, amendment or repeal of a rule by the Department of Community Affairs
				or any of its component divisions or bureaus shall be addressed to the Office of the
				Commissioner, Department of Community Affairs, PO Box 800, Trenton, New Jersey
				08625-0800.
(b) Upon receipt of any such
				petition for a rule, the Office of the Commissioner shall date-stamp and log the
				petition and send a copy thereof to the director of any division having
				jurisdiction.
1. The Office of the Commissioner
				shall also provide a copy of the petition to the Department's Administrative
				Practice Officer.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 2 - ORGANIZATIONAL RULES › Subchapter 3 - EXTENSIONS FOR MILITARY PERSONNEL › Section 5:2-3.1 - Licensing and certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person in the
				military service of the United States, of the State of New Jersey or of another
				state, who is deployed or ordered to active duty by Federal or State authorities,
				and who holds a renewable license or certification by the Department of Community
				Affairs under authority of any statute, shall have such license or certification
				extended until 60 days following the end of such deployment or active service, or
				until such later time as the person has had a reasonable opportunity to comply with
				continuing education or other relicensing or recertification requirements.
1. Proof of deployment or activation shall be made
				by the licensed or certified individual submitting a copy or copies of the executed
				deployment and/or activation orders to the office within the division having
				jurisdiction that is responsible for issuance of licenses upon return to New Jersey
				or cancellation of activation. In the absence of orders, a letter from the
				individual's commanding officer, on appropriate letterhead, providing the
				information required shall be accepted.
2. Division staff shall adjust a certification
				cycle upon presentation of the proper military recertification
				documentation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 2 - ORGANIZATIONAL RULES › Subchapter 4 - PUBLIC NOTICE OF PROPOSED RULEMAKINGS › Section 5:2-4.1 - Public notice requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				Department publishes a notice of proposal in the New Jersey Register for public
				notice and comment, it shall give the following public notice on the notice of
				proposal:
1. Mailing or e-mailing it to interested
				persons, persons who have made timely requests for advance notice of Department
				rulemaking proceedings, and those on the Department's electronic mailing
				list;
2. Distributing it to the news
				media maintaining an office in the State House complex; and
3. Posting it on the Department's website, which
				publication shall satisfy the additional method of publicity requirement set forth
				in N.J.A.C.
				1:30-5.2(a)6ii(4).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 3 - GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 5:3-1.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter shall apply to the Department of
				  Community Affairs and all divisions and agencies in the Department, including those
				  agencies allocated to the Department to satisfy the requirements of Article V,
				  Section 4, Paragraph 1 of the New Jersey Constitution, commonly known as "in but not
				  of" agencies.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 3 - GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 5:3-1.2 - Custodian of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				P.L.
				2001, c. 404, the
				Commissioner shall designate a custodian of records for the Department of Community
				Affairs, who shall be responsible for requests for access to government records of
				the Office of the Commissioner.
(b) Each
				division director, agency director or governing body, as the case may be, shall
				designate a custodian of records or designee who shall be responsible for requests
				for access to records held or controlled by that division or agency.
(c) The address and other contact information for
				each records custodian shall be made available to the public by posting on the
				Department of Community Affairs website
http://www.state.nj.us/dca
.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 3 - GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 5:3-1.3 - Requests for government records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All requests for
				access to government records pursuant to
				47:1A-1 et seq., as amended and
				supplemented, held or controlled by the Department of Community Affairs, or a
				division or agency thereof, shall be in writing. The Department shall provide a form
				that may be used for this purpose. For the purposes of this chapter, access means
				inspection, examination or copying.
(b)
				The requestor shall be requested to provide the following information on the form:
1. The name, address, and telephone number of the
				requestor;
2. A description of the
				government record sought, method of access and if copies are sought, the medium
				requested and mode of delivery; and
3.
				The date submitted to the division or agency custodian.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 3 - GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 5:3-1.4 - Procedures for requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests shall be
				hand-delivered during normal business hours of the public agency, mailed, or
				transmitted electronically by facsimile, e-mail or website access by the requestor
				to the appropriate division or agency custodian of records.
(b) Any officer or employee of the Department who
				receives a request for access to a government record shall direct the requestor to
				the appropriate division or agency custodian of the record.
(c) All inquiries and processes involving the
				request shall include a tracking number.
(d) Upon receipt of a request for a copy of a
				record, the custodian shall estimate the cost of providing such a copy and shall,
				within seven days of receipt of the request, advise the requestor whether a copy of
				the record will be provided once payment of the cost of providing a copy has been
				received and, if so, an estimate of the amount that will be charged. The cost of
				providing the copy as finally determined, notice of which shall be given to the
				requestor as soon as it is reasonably possible to do so, must be paid before a copy
				of a record may be sent to a requestor. Payment shall be made by cash, check or
				money order payable to the "Treasurer, State of New Jersey" and the amount required
				shall not exceed $ 0.05 per letter size page or smaller, and $ 0.07 per legal size
				page or larger, or actual copying costs, whichever is greater, unless otherwise
				provided by law or regulation.
(e) The
				custodian shall respond to the request in writing within seven business days and
				provide the requestor with the amount of any copying cost and directions for
				submitting payment.
(f) No fee shall be
				charged for inspecting or examining government records.
(g) Upon request, a custodian may allow requestors
				to use their own photocopying equipment to copy public records, provided that it
				will not disrupt the business operations of the custodian and will not endanger the
				public records. No special fee shall be charged to a requestor who utilizes its own
				equipment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 3 - GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 5:3-1.5 - Delivery of records

Current through Register Vol. 56, No. 14, July 15, 2024
The custodian shall notify the requestor when the records are
				  available and shall collect any additional fees and charges, if applicable, that are
				  due prior to delivery of copies.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 3 - GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 5:3-1.6 - Immediate access to certain records

Current through Register Vol. 56, No. 14, July 15, 2024
Immediate access ordinarily shall be granted for requests to
				  inspect, examine or copy budgets, bills, vouchers, contracts, including collective
				  negotiations agreements and individual employment contracts, and public employee
				  salary and overtime information.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 3 - GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 5:3-1.7 - Failure to respond

Current through Register Vol. 56, No. 14, July 15, 2024
Except as provided in this section, a custodian shall grant or
				  deny access within seven business days after receiving a request completed in
				  accordance with 5:3-1.4 or such additional time as may
				  be allowed by law or these rules or as may be agreed to by the requestor. The
				  failure to grant access shall be deemed a denial of the request, unless the
				  requestor has elected not to provide a name, address, telephone number or other
				  means of contact. If the requestor has elected not to provide contact information,
				  the custodian shall not be required to respond until seven business days after the
				  requestor contacts the custodian seeking a response to the original request.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 3 - GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 5:3-1.8 - Stored or archived records

Current through Register Vol. 56, No. 14, July 15, 2024
If the requested record is in storage or archived, the custodian
				  shall so advise the requestor within seven business days after the custodian
				  receives the request. The custodian shall advise the requestor of the date when the
				  record will be made available. If the record is not made available by the identified
				  date, the request shall be deemed denied.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 3 - GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 5:3-1.9 - Requests for copies of a government record in a specified medium

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise
				specifically requested, copies of records shall be provided in printed form on
				letter size paper. The requestor may request that the agency provide a copy of a
				record in a specific medium. If the agency maintains the government record in the
				medium requested, the custodian shall provide the record in the medium
				sought.
(b) If the agency does not
				maintain the government record in the medium requested, the custodian shall convert
				the record to the medium requested if reasonable or provide a copy in some other
				meaningful medium. If a requestor asks for copies of a record in a medium not
				routinely used by the agency, not routinely developed or maintained by the agency,
				or requiring a substantial amount of manipulation or programming of information
				technology, the custodian may charge, in addition to the actual cost of duplication,
				a special charge which shall be reasonable and shall be based upon the cost of any
				extensive use of information technology or for the labor cost of providing the
				service actually incurred. The requestor shall be given the opportunity to review
				and object to the charge prior to its being incurred. If the requestor objects to
				the charge and refuses to withdraw the request, the custodian may deny the request
				after attempting to reach a reasonable solution that accommodates the interests of
				the requestor and the agency.
(c)
				Whenever the nature, format, manner of collation, or volume of a government record
				embodied in the form of printed matter to be inspected, examined or copied is such
				that the record cannot be reproduced by ordinary document copying equipment in
				ordinary business size or involves an extraordinary expenditure of time and effort
				to accommodate the request, the division or agency may charge, in addition to the
				actual cost of duplicating the record, a special service charge that shall be
				reasonable and shall be based upon the actual direct cost of providing the copy or
				copies. The requestor shall have the opportunity to review and object to the charge
				prior to its being incurred. If the requestor objects to the charge and refuses to
				withdraw the request, the custodian may deny the request after attempting to reach a
				reasonable solution that accommodates the interests of the requestor and the agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 3 - GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 5:3-1.10 - Computation of time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In computing any
				period of time under
				P.L.
				2001, c. 404 or this
				subchapter, the business day a completed request for access is received is not to be
				included. The last business day of the period so computed is to be
				included.
(b) For purposes of
				P.L.
				2001, c. 404 and this
				subchapter, a request for access is deemed to be complete when the requestor
				provides the information required by N.J.A.C. 5:3-2.3 and pre-pays the fees required
				by P.L.
				2001, c. 404 and this
				subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 3 - GOVERNMENT RECORDS › Subchapter 2 - CONFIDENTIALITY OF RECORDS › Section 5:3-2.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter shall apply to the Department of
				  Community Affairs and all divisions and agencies in the Department, including those
				  agencies allocated to the Department to satisfy the requirements of Article V,
				  Section 4, Paragraph 1 of the New Jersey Constitution, commonly known as "in but not
				  of" agencies.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
When used in this subchapter, the following terms shall have the
				  following meanings:
"Affiliates" means persons having an overt or covert relationship
				  such that any one of them directly or indirectly controls or has the power to
				  control another.
"DCA" means the Department of Community Affairs.
"Debarment" means an exclusion from DCA contracting for reason of
				  a demonstrated lack of responsibility as evidenced by one or more incidents
				  involving an offense or failure or inadequacy of performance within a period of time
				  that is reasonable in light of the seriousness of the offense or the failure or
				  inadequacy of performance.
"DCA contracting" means any arrangement giving rise to an
				  obligation to supply anything to, or perform any service for, DCA or any public or
				  private entity or person purchasing the supply or service with funds provided by DCA
				  where DCA retains the right to approve or disapprove the nature or quality of the
				  supplies or services or the persons who may provide or perform the same.
"Person" means any natural person, company, firm, association,
				  corporation or other entity.
"Suspension" means an exclusion from DCA contracting for a
				  temporary period of time, pending the completion of an investigation or legal
				  proceedings.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.2 - Causes for debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the public
				interest, DCA may debar a person for any of the following causes:
1. Commission of a criminal offense as an incident
				to obtaining or attempting to obtain a public or private contract, or subcontract
				thereunder, or in the performance of such contract or subcontract.
2. Violation of the Federal Organized Crime
				Control Act of 1970, or commission of embezzlement, theft, forgery, bribery,
				falsification or destruction of records, perjury, false swearing, receiving stolen
				property, obstruction of justice, or any other offense indicating a lack of business
				integrity or honesty.
3. Violation of
				Federal or State antitrust statutes, or of the Federal Anti-Kickback Act (
				18 U.S.C.
				874, 40 U.S.C. 276 b and c).
4. Violation of any Federal or State law governing
				the conduct of elections.
5. Violation
				of the Law Against Discrimination ( P.L. 1945, c.169, as supplemented by P.L. 1975,
				c.127) or of any other Federal or State law against discrimination in
				employment.
6. Violation of any law
				governing hours of labor, minimum wage standards, prevailing wage standards,
				discrimination in wages, or child labor.
7. Violation of any law governing the conduct of
				an occupation, profession or regulated industry.
8. Violation of any other law which may bear upon
				a lack of responsibility or moral integrity.
9. Willful failure to perform in accordance with
				contract specifications or within contractual time limits.
10. A record of failure to perform or of
				unsatisfactory performance in accordance with the terms of one or more contracts,
				provided that such failure or unsatisfactory performance has occurred within a
				reasonable time preceding the determination to debar and was caused by acts within
				the control of the person debarred.
11.
				Violation of contractual or statutory provisions regulating contingent
				fees.
12. Any other cause affecting
				responsibility as a DCA contractor of such serious and compelling nature as may be
				determined by DCA to warrant debarment, even if such conduct has not been or may not
				be prosecuted as being a violation of such laws or contract.
13. Debarment by some other department or agency
				in the Executive branch.
14. Debarment
				by any department, agency or instrumentality of any other state or territory or of
				the United States of America.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.3 - Conditions affecting debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Debarment pursuant
				to this subchapter shall be made only upon approval by the Commissioner.
(b) The existence of any of the causes set forth
				in 5:4-1.2 shall not necessarily require
				that a person be debarred. In each instance, the decision to debar shall be made
				within the discretion of the Commissioner and shall be rendered in accordance with
				the best interests of the State.
(c) In
				determining the seriousness of the offense or failure or inadequacy of performance,
				and whether disbarment is warranted, the Commissioner shall give consideration to
				any mitigating factors.
(d) The
				existence of a cause set forth in
				5:4-1.2(a)1  through 8
				shall be established upon the rendering of a final judgment of conviction by, or the
				entry of a plea of guilty or nolo contendere in, a court of competent jurisdiction
				or an administrative agency empowered to render such judgment. In the event of a
				successful appeal of a judgment of conviction, the debarment shall be removed unless
				other cause for debarment exists.
(e)
				The existence of a cause set forth in
				5:4-1.2(a)9  through 12
				shall be established by evidence which the Commissioner determines to be clear and
				convincing in nature.
(f) Debarment for
				one of the causes set forth in
				5:4-1.2(a)13  and 14
				shall be proper, provided that one of the causes set forth in
				5:4-1.2(a), or an
				equivalent cause under the law of another jurisdiction, was the basis for debarment
				by the original debarring agency. Such debarment may be based entirely upon the
				record of facts obtained by the original debarring agency, or upon a combination of
				such facts and additional facts.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.4 - Procedures; period of debarment; scope of debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any division within
				DCA seeking to debar a person or his affiliates shall furnish such person with a
				written notice which shall:
1. State that
				debarment is being proposed;
2. Set
				forth the reasons for the proposed debarment;
3. Indicate that the person is entitled to contest
				the proposed action in an administrative hearing to be conducted by the Office of
				Administrative Law in accordance with the Administrative Procedure Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1-1 et seq. provided that a request for
				such a hearing is made within 15 days of receipt by the person of notice of the
				proposed debarment, and that hearing requests are to be sent to the Hearing
				Coordinator, Department of Community Affairs, CN 800, Trenton, New Jersey
				08625.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.5 - Causes for suspension

Current through Register Vol. 56, No. 14, July 15, 2024
In the public interest, the Commissioner, after consultation with
				  the Division of Law, may suspend a person for any cause set forth in
				  5:4-1.2, or upon a reasonable suspicion
				  that such cause exists.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.6 - Conditions for suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Suspension shall be
				imposed only by the Commissioner after consultation with the Division of Law, except
				as may otherwise be provided by law.
(b)
				The existence of any cause for suspension shall not require that suspension be
				imposed. A decision to suspend shall be made at the discretion of the Commissioner
				and shall be rendered in the best interests of the State.
(c) Suspension shall be based only upon adequate
				evidence that cause exists or upon evidence adequate to create a reasonable
				suspicion that cause exists and shall not be based upon any unsupported accusation.
				In assessing whether adequate evidence exists, consideration shall be given to the
				amount of credible evidence that is available, to the existence or absence of
				corroboration as to important allegations, and to inferences which may properly be
				drawn from the existence or absence of affirmative facts.
(d) Reasonable suspicion of the existence of a
				cause described in
				5:4-1.2(a)1  through 8
				may be established by the rendering of a final judgment or 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.
(e) A suspension imposed by
				another agency for any of the causes described in
				5:4-1.2 may be the basis for the
				imposition of a concurrent suspension by DCA, which suspension may be imposed when
				found to be in the best interest of the State.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.7 - Procedures; period of suspension; scope of suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner,
				after consultation with the Division of Law, may suspend a person or his affiliates,
				provided that within 10 days after the effective date of the suspension, the
				Commissioner provides each affected person with a written notice which shall:
1. State that a suspension has been imposed and
				set forth its effective date;
2. Set
				forth the reasons for the suspension to the extent that the Division of Law
				determines that such reasons may properly be disclosed;
3. State that the suspension is for a temporary
				period of time pending the completion of an investigation and such legal proceedings
				as may ensue; and
4. Indicate that, if
				such legal proceedings are not commenced or the suspension removed within 60 days of
				the date of such notice, the person will be given an opportunity to contest the
				suspension in accordance with the Administrative Procedure Act in the manner set
				forth in 5:4-1.4(a).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.8 - Extent of debarment and suspension

Current through Register Vol. 56, No. 14, July 15, 2024
Exclusion from DCA contracting by virtue of debarment or
				  suspension shall extend to all contracting and subcontracting within the control or
				  jurisdiction of DCA, including any contracts which utilize funds granted or loaned
				  by DCA. When determined by the Commissioner, after consultation with the Division of
				  Law, to be essential to the public interest, an exemption from total exclusion may
				  be made with respect to a particular contract.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.9 - Lists of debarred and suspended persons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DCA shall supply to
				the State Treasurer a monthly list of all persons who are currently debarred or
				suspended, including the effective date and term, if determined, of such debarment
				or suspension. Such list shall at all times be available for public
				inspection.
(b) Insofar as may be
				practicable, prior notice shall be given to the Attorney General and to the
				Treasurer of any proposed debarment or suspension.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.10 - Discretion

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained in this subchapter shall be construed to limit
				  the authority of DCA to contract or to refrain from contracting within the
				  discretion allowed by law.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.11 - Lists of other agencies

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding the failure of DCA to debar or suspend any person
				  pursuant to this subchapter, whenever DCA shall participate in any program financed,
				  regulated or established by any department, agency, or instrumentality of the United
				  States of America, it may rely on and distribute lists of persons suspended or
				  debarred by such department, agency, or instrumentality and prevent any listed
				  person from participating in that program.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 4 - DEPARTMENT CONTRACTS › Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING › Section 5:4-1.12 - Information concerning criminal conduct and records

Current through Register Vol. 56, No. 14, July 15, 2024
To the extent permitted by State and Federal law, as determined
				  by the Attorney General, DCA may seek to obtain, use and disclose information
				  concerning the criminal conduct or criminal record of any person engaged in, or
				  seeking to be engaged in, DCA contracting.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 1 - DEFINITIONS › Section 5:5-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
"ADA" means the Americans with Disabilities Act, 42 U.S.C.A.
				  § 12101 et seq.
"Agency" means the New Jersey Department of Community
				  Affairs.
"Designated decision maker" means the Commissioner of Community
				  Affairs or his or her designee.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 2 - GENERAL PROVISIONS › Section 5:5-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are
				adopted by the agency in satisfaction of the requirements of the ADA and regulations
				promulgated pursuant thereto,
				28
				C.F.R. 35.107.
(b) The purpose of these rules is to establish a
				designated coordinator whose duties shall include assuring that the agency complies
				with and carries out its responsibilities under the ADA. Those duties shall also
				include the investigation of any complaint filed with the agency pursuant to
				N.J.A.C. 5:5-4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 3 - DESIGNATED ADA COORDINATOR › Section 5:5-3.1 - Designated ADA coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated
				coordinator of ADA compliance and complaint investigation for the agency
				is:
ADA Coordinator
New Jersey Department of Community Affairs
CN 800
Trenton, New Jersey 08625
(b) All inquiries regarding the agency's
				compliance with the ADA and the availability of accommodation which would allow a
				qualified individual with a disability to receive service or participate in a
				program or activity provided by the agency should be directed to the designated
				coordinator identified in (a) above.
(c)
				All complaints alleging that the agency has failed to comply with or has acted in a
				way that is prohibited by the ADA should be directed to the designated ADA
				coordinator identified in this section, in accordance with the procedures set forth
				in N.J.A.C. 5:5-4.