New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 4 - AFFIRMATIVE ACTION PROGRAM FOR VENDORS AND GOODS AND SERVICES SUBCONTRACTORS › Section 17:27-4.6 - Procedures for the issuance and renewal of a certificate of employee information report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A vendor that
				has submitted an employee information report to a public agency pursuant to
				17:27-4.3, and any subcontractor
				that has submitted an employee information report pursuant to
				17:27-4.4, shall immediately
				provide a copy of said report to the Division with a fee of $ 150.00 payable to
				the Treasurer, State of New Jersey.
(b) The Division shall approve or reject an
				employee information report (Form AA302) within 40 business days of its
				submission; provided, however, that such a rejection, if it is independent of a
				noncompliance determination pursuant to N.J.A.C. 17:27-10, shall in no way
				affect the validity of a contract for which said employee information report
				was presented to satisfy the condition required by
				17:27-4.3. Failure of the Division
				to so act within 40 business days shall constitute approval of the employee
				information report. If an employee information report submitted by a vendor or
				subcontractor is rejected, a vendor or subcontractor may submit a corrected
				employee information report (Form AA302) to the Division. Upon approval of an
				employee information report submitted by a vendor or subcontractor who, prior
				to its submission, had never received a certificate of employee information
				report, the Division shall issue to said vendor or subcontractor a certificate
				of employee information report which shall be valid for three years from the
				date issued by the Division if the vendor has 50 or more employees and for
				seven years from the date issued by the Division if the vendor or subcontractor
				has less than 50 employees.
(c)
				Additional procedures are as follows:
1. As
				early as 90 business days prior to the expiration of a certificate of employee
				information report, a vendor, including a professional services contractor, may
				submit an application for renewal of the certificate of employee information
				report with a fee in the amount of $ 150.00 payable to the Treasurer, State of
				New Jersey to the Division. Said renewal application must be submitted within
				10 business days of the certificate's expiring otherwise it will be treated as
				an initial application for a certificate of employee information
				report.
2. The Division shall make
				the renewal application form available to vendors, including a professional
				services contractor, in the form specified by the Division.
3. In accordance with the form specified by
				the Division, the vendor, including a professional services contractor, shall
				submit, along with its application for renewal and required fee, an updated
				employee information report which shall contain current employee data, the
				employee data contained in the prior employee information report approved by
				the Division, the targeted employment goals which the vendor has been making
				good faith efforts to meet during the period covered by the certificate or
				employee information report approval for which renewal is requested, any
				additional information requested by the Division and, if necessary, an
				explanation of why the hiring and other personnel procedures employed by the
				vendor have failed to produce good faith efforts to reach the targeted
				employment goals established pursuant to
				17:27-5.2; and an explanation of
				changes in hiring and personnel practices, if any, which the vendor plans to
				implement expeditiously to increase minority and women employment opportunities
				in pursuit of the targeted employment goals. Notwithstanding the content and
				scope of the procedures which a vendor reports in an employee information
				report that he or she will implement in pursuit of the targeted employment
				goals, said vendor is obligated to make good faith efforts to implement and
				comply with any hiring procedures and personnel practices required by this
				chapter including, but not limited to, procedures required by the Division
				pursuant to this chapter.
4. The
				Division shall approve or reject an application for renewal of a certificate of
				employee information report within 60 business days of its submission, and the
				failure of the Division to so act within 60 business days shall constitute
				approval of the renewal application. If a renewal application submitted by a
				vendor is rejected, the Division shall state in writing reasons for the
				rejection and allow the vendor to seek reconsideration by making a request in
				writing to the Division. The Division, in its sole discretion, may agree to
				meet with the vendor. A vendor whose application has been rejected may resubmit
				a renewal application accompanied by a revised, current employee information
				report pursuant to the same procedures and conditions applicable to the
				original submission; provided, however, that any such resubmission shall serve
				to terminate any reconsideration by the Division of a rejection of a renewal
				application, which reconsideration has been commenced by the Division on the
				basis of a vendor's response to its rejection of a renewal application. The
				Division shall have 60 business days from submission of the revised renewal to
				approve or reject the revised application. Upon approval of a renewal
				application, the Division shall issue to the vendor a certificate of employee
				information report which shall be valid for either three years from the date it
				is issued by the Division for 50 or more employees or seven years from the date
				it is issued by the Division for less than 50 employees. Any rejection of a
				renewal application, if it is independent of a noncompliance determination,
				pursuant to N.J.A.C. 17:27-10, shall in no way affect the validity of an
				existing contract which has already been signed in accordance with
				17:27-4.3.