New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 4 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF FIRM(S) AND INDIVIDUAL(S) › Section 17:19-4.3 - Procedures, period(s) of debarment and scope of debarment affecting the debarment of a firm(s) or an individual(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures,
				period of debarment and scope of debarment include the following:
1. When the DPMC seeks to debar a firm or an
				individual, the DPMC shall furnish to such firm or individual written notice:
				stating that debarment is being considered; setting forth the reasons for the
				proposed debarment; and indicating that such firm or individual will be
				afforded an opportunity for a hearing if such firm or individual so requests
				within a stated period of time. All such hearings shall be conducted in
				accordance with N.J.A.C. 17:19-5.
2. Where an agency of government, other than
				the DPMC, has imposed debarment upon a firm or an individual, the DPMC may also
				impose a similar debarment without affording an opportunity for a hearing,
				provided that the DPMC furnishes notice of the proposed similar debarment to
				that firm or individual, and affords that firm or individual an opportunity to
				present information in its behalf to explain why the proposed similar debarment
				should not be imposed, in whole, or in part.
3. Debarment shall be for a reasonable,
				definitely stated period of time, which as a general rule shall not exceed five
				years. Debarment for an additional period shall be permitted provided that
				notice thereof is furnished and the firm or the individual is afforded an
				opportunity to present information in its behalf to explain why the additional
				period of debarment should not be imposed.
4. Except as otherwise provided by law, a
				debarment may be removed or the period thereof may be reduced at the discretion
				of the Director upon the submission of a good faith application under oath,
				supported by documentary evidence, setting forth substantial and appropriate
				grounds for the granting of relief, such as newly discovered material evidence;
				reversal of a conviction or judgment; actual change of ownership, management,
				or control; or the elimination of the causes for which the debarment was
				imposed.
5. A debarment 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 giving due regard to
				all relevant facts and circumstances. The offense, failure or inadequacy of
				performance of an individual may be imputed to a firm or an individual with
				whom the individual is affiliated, where such conduct was accomplished within
				the course of the individual's official duty or was affected by the knowledge
				or approval of the individual.
6. A
				firm that has been given notice of debarment by the DPMC shall not be eligible
				for an increase in its aggregate rating or an expansion of its trade
				classifications pending determination of the debarment action. The debarment or
				the suspension of a firm shall result in the immediate forfeiture of the firm's
				classification.