reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 3 - GENERAL REQUIREMENTS FOR PUBLIC AGENCIES AWARDING CONTRACTS › Section 17:27-3.5 - Mandatory language for goods and services bid specifications and contracts (Exhibit A)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A public agency
				shall include in all bid specifications and contracts for goods and services
				the language required by
				17:27-3.7(a).
				Also, bid specifications and contracts for goods and services, that are not
				subject to a Federally approved or sanctioned affirmative action program, shall
				include the following additional language:
1.
				Each contractor shall submit to the public agency, after notification of award
				but prior to execution of a goods and services contract, one of the following
				three documents:
i. Appropriate evidence that
				the contractor is operating under an existing Federally approved or sanctioned
				affirmative action program;
ii. A
				certificate of employee information report approval, issued in accordance with
				N.J.A.C. 17:27-4; or
iii. An
				employee information report (Form AA302) electronically provided by the
				Division and distributed to the public agency, through the Division's website,
				to be completed by the contractor, in accordance with N.J.A.C.
				17:27-4.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 3 - GENERAL REQUIREMENTS FOR PUBLIC AGENCIES AWARDING CONTRACTS › Section 17:27-3.7 - Mandatory bid specification and contract language for good faith efforts toward achieving equal employment opportunities in goods and services contracts (Exhibit A)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Public agencies
				shall include in all bid specifications and contracts for goods and services,
				including contracts for professional services, the following mandatory language
				for equal employment opportunities:
1. The
				contractor or subcontractor agrees to make good faith efforts to meet targeted
				county employment goals established in accordance with
				17:27-5.2.
2. The contractor or subcontractor agrees to
				inform in writing its appropriate recruitment agencies including, but not
				limited to, employment agencies, placement bureaus, colleges, universities, and
				labor unions, that it does not discriminate on the basis of age, race, creed,
				color, national origin, ancestry, marital status, affectional or sexual
				orientation, gender identity or expression, disability, nationality or sex, and
				that it will discontinue the use of any recruitment agency which engages in
				direct or indirect discriminatory practices.
3. The contractor or subcontractor agrees to
				revise any of its testing procedures, if necessary, to assure that all
				personnel testing conforms with the principles of job-related testing, as
				established by the statutes and court decisions of the State of New Jersey and
				as established by applicable Federal law and applicable Federal court
				decisions.
4. In conforming with
				the targeted employment goals, the contractor or subcontractor agrees to review
				all procedures relating to transfer, upgrading, downgrading and layoff to
				ensure that all such actions are taken without regard to age, race, creed,
				color, national origin, ancestry, marital status, affectional or sexual
				orientation, gender identity or expression, disability, nationality or sex,
				consistent with the statutes and court decisions of the State of New Jersey,
				and applicable Federal law and applicable Federal court decisions.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 3 - GENERAL REQUIREMENTS FOR PUBLIC AGENCIES AWARDING CONTRACTS › Section 17:27-3.9 - Emergency purchases

Current through Register Vol. 56, No. 14, July 15, 2024
A public agency may award a contract without affirmative
				  action evidence in an emergency situation. In such a situation, the public
				  agency shall document that an actual emergency exists, which affects the public
				  health, safety or welfare and requires the public agency to immediately award a
				  contract for construction or the delivery of goods and services, including
				  professional services, and that to delay the award of the contract would
				  endanger public health, safety, welfare or property. The contractor shall be
				  required to comply with the affirmative action rules prior to payment.
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 17:27-4.1 - Goods and services contracts, including professional services contracts, subject to affirmative action program requirements

Current through Register Vol. 56, No. 14, July 15, 2024
All vendors shall satisfy the affirmative action program
				  requirements of these rules by submitting the evidence identified in
				  17:27-4.2.
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 17:27-4.2 - Elements of affirmative action program for vendors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Affirmative
				action evidence for vendors shall consist of the following elements:
1. Provisions in the goods and services
				contract, including professional services contracts, containing the language
				required by
				17:27-3.5(a)  and
				3.7; and
2. An employee information
				report AA302, submitted in accordance with
				17:27-4.3, or a certificate of
				employee information report issued in accordance with
				17:27-4.5; or
i. Any existing Federally approved or
				sanctioned affirmative action program.
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 17:27-4.3 - Procedure for establishing an approved affirmative action program by contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon awarding a
				goods and services contract, including a professional services contract, the
				public agency shall submit to the vendor for signing a contract which contains
				the contract language required by
				17:27-3.5(a)  and
				3.7, subject to the following:
1. As a
				condition to entering into a valid and binding contract, said vendor shall
				submit to the public agency either appropriate evidence that:
i. The vendor is operating under an existing
				Federally approved or sanctioned affirmative action program;
ii. The vendor has a certificate of employee
				information report issued in accordance with this subchapter; or
iii. The vendor has an employee information
				report AA302, electronically provided by the Division to the public agency,
				through the Division's website, for distribution to and completion by the
				vendor in accordance with this chapter.
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 17:27-4.4 - Affirmative action program requirement for goods and services subcontractors

Current through Register Vol. 56, No. 14, July 15, 2024
A vendor, including a professional services contractor,
				  shall not enter into a subcontract with a subcontractor, unless the
				  subcontractor has submitted to said vendor one of the three documents which is
				  also required from vendors in accordance with all provisions of
				  17:27-4.3.
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 17:27-4.5 - Exemptions to Affirmative Action requirements for goods and services subcontractors

Current through Register Vol. 56, No. 14, July 15, 2024
All subcontractors for goods and services contracts,
				  including professional services contracts, with four or fewer employees shall
				  be exempt from the requirements of this subchapter.
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 17:27-4.7 - Public agency authority to set time periods

Current through Register Vol. 56, No. 14, July 15, 2024
A public agency may require a vendor, including a
				  professional services contractor, to seek immediate renewal of its certificate
				  of information report if the vendor will be preparing a bid or proposal within
				  90 business days of the expiration of its certificate or to seek such renewal
				  at the time its certificate is within 90 business days of expiration, except
				  that a public agency may not require a vendor to seek immediate renewal if
				  there is a reasonable probability that said vendor's current certificate will
				  be valid at the time when the public agency expects to award said
				  contract.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 5 - TARGETED MINORITY AND WOMEN EMPLOYMENT GOALS FOR DETERMINING GOOD FAITH EQUAL EMPLOYMENT OPPORTUNITY EFFORTS BY VENDORS AND GOODS AND SERVICES SUBCONTRACTORS › Section 17:27-5.1 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
The requirements of this subchapter shall not apply to any
				  vendor or subcontractor, including professional services contractors and
				  subcontractors, performing under an existing Federally approved or sanctioned
				  affirmative action program which is exempted from the affirmative action plan
				  requirements under
				  17:27-4.3(a), or
				  to any subcontractor which is exempted under
				  17:27-4.5.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 5 - TARGETED MINORITY AND WOMEN EMPLOYMENT GOALS FOR DETERMINING GOOD FAITH EQUAL EMPLOYMENT OPPORTUNITY EFFORTS BY VENDORS AND GOODS AND SERVICES SUBCONTRACTORS › Section 17:27-5.3 - Designation of approved minority referral agencies

Current through Register Vol. 56, No. 14, July 15, 2024
The Division shall compile and maintain a listing of
				  approved minority and women referral agencies for each county or multi-county
				  area of the State.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 5 - TARGETED MINORITY AND WOMEN EMPLOYMENT GOALS FOR DETERMINING GOOD FAITH EQUAL EMPLOYMENT OPPORTUNITY EFFORTS BY VENDORS AND GOODS AND SERVICES SUBCONTRACTORS › Section 17:27-5.4 - Vendor and subcontractor compliance obligations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				vendor or subcontractor shall be deemed to be in compliance with the employment
				goals pursuant to this subchapter, if the vendor or subcontractor is employing
				minority and women workers in the percentages established as targeted goals
				pursuant to this subchapter, and achievement of said employment percentages
				shall constitute compliance for purposes of this chapter, regardless of any
				other percentages established by a public agency; or if the vendor or
				subcontractor has acted and continues to act in good faith, including the use
				of the procedures required by the mandatory language prescribed by
				17:27-3.7, to achieve the targeted
				minority and women employment goal percentages established in accordance with
				this subchapter.
(b) The vendor or
				subcontractor agrees to provide documentation that it has made good faith
				efforts to meet equal employment opportunity requirements, whenever the
				Division, Department, or public agency, upon its own initiative or upon the
				complaint of any member of the public, determines that such information is
				needed to determine whether the vendor or subcontractor has failed to comply
				with the applicable equal employment opportunity requirements.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 5 - TARGETED MINORITY AND WOMEN EMPLOYMENT GOALS FOR DETERMINING GOOD FAITH EQUAL EMPLOYMENT OPPORTUNITY EFFORTS BY VENDORS AND GOODS AND SERVICES SUBCONTRACTORS › Section 17:27-5.6 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 6 - AFFIRMATIVE ACTION PROGRAM FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS › Section 17:27-6.1 - Construction contracts subject to affirmative action program requirements

Current through Register Vol. 56, No. 14, July 15, 2024
All construction contractors and subcontractors shall
				  satisfy the affirmative action program requirements of this chapter, with the
				  exception of construction subcontractors with a total workforce of four or
				  fewer employees, by submitting the evidence identified in
				  17:27-6.2.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 6 - AFFIRMATIVE ACTION PROGRAM FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS › Section 17:27-6.2 - Elements of an affirmative action program for construction contractors and subcontractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An affirmative
				action evidence for construction contractors and subcontractors shall consist
				of the following elements:
1. Provisions in
				the construction contract containing language required by
				17:27-3.6 and 3.8; and
2. An initial project workforce report AA201
				submitted in accordance with
				17:27-7.5; or
i. Any existing Federally approved or
				sanctioned affirmative action program.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 6 - AFFIRMATIVE ACTION PROGRAM FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS › Section 17:27-6.3 - Procedure for establishing an approved affirmative action program by contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon awarding a
				construction contract, the public agency shall submit to the contractor for
				signing a contract which contains the contract language required by
				17:27-3.6(b),
				except that the language required by
				17:27-3.6(b) 
				shall not be included in a contract with a contractor which submits to the
				public agency, prior to or at the time the contract is submitted by the public
				agency for signing, appropriate evidence that the contractor is operating under
				an existing Federally approved or sanctioned affirmative action
				program.
(b) If a contractor
				refuses to sign said contract because it contains the contract language
				required by
				17:27-3.6(a)  and
				3.8, when it is submitted for signing by the public agency, then the public
				agency shall rescind the award and these requirements shall apply to any other
				contractor which the public agency selects in accordance with applicable
				contracting laws and procedures.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 6 - AFFIRMATIVE ACTION PROGRAM FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS › Section 17:27-6.4 - Affirmative action program requirement for construction subcontractors

Current through Register Vol. 56, No. 14, July 15, 2024
A construction contractor operating under a construction
				  contract shall not enter into a subcontract with a construction subcontractor,
				  unless the subcontract contains the language required by
				  17:27-6.3; provided, however, that
				  subcontractors with a total workforce of four or fewer employees shall be
				  exempt from the requirements of this subchapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 7 - TARGETED MINORITY AND WOMEN EMPLOYMENT GOALS FOR DETERMINING GOOD FAITH EQUAL EMPLOYMENT OPPORTUNITY EFFORTS BY CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS › Section 17:27-7.1 - Exemption

Current through Register Vol. 56, No. 14, July 15, 2024
The requirements of this subchapter shall not apply to any
				  construction contractor or subcontractor performing under an existing Federally
				  approved or sanctioned affirmative action program, or to any subcontractor
				  which is exempted under
				  17:27-6.1, from the affirmative
				  action program requirements of N.J.A.C. 17:27-6; or to any construction
				  contractor or subcontractor bidding on or negotiating with a public agency
				  operating under its own affirmative action program which has been designated as
				  a State approved affirmative action construction program pursuant to N.J.A.C.
				  17:27-6.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 7 - TARGETED MINORITY AND WOMEN EMPLOYMENT GOALS FOR DETERMINING GOOD FAITH EQUAL EMPLOYMENT OPPORTUNITY EFFORTS BY CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS › Section 17:27-7.2 - Establishment of targeted goals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall individually establish the minority and women employment goals for each
				construction contractor and subcontractor for each trade on each contract. The
				Department shall review the trades to be utilized during the completion of the
				work as reported on the initial project workforce report and determine the
				employment goals based upon the number of qualified minorities and women
				available as reported by the New Jersey Department of Labor, Division of
				Planning and Research in its report: EEO Tabulations--Detailed Occupations by
				Race/Hispanic Groups.
(b) The
				contractor shall obtain the targeted employment goals from the State's website
				at
www.state.nj.us/treasury/contract_compliance
or request the employment goals from the Department after submitting the
				initial project workforce report to the Department.
(c) When it is notified of a preconstruction
				or initial job meeting, the Department has the discretion to attend the meeting
				for the purpose of informing the construction contractor of its
				responsibilities, the targeted employment goals and the good faith criteria
				used in determining compliance with this chapter. If the Department determines
				not to attend the preconstruction or initial job meeting, a representative of
				the Department shall discuss the contractor's responsibilities, the targeted
				employment goals, and the good faith criteria used in determining compliance
				with this chapter during the first site monitoring visit. The Department shall
				evaluate compliance with the targeted employment goals and good faith
				requirements by reviewing the utilization of minorities and women as reported
				in the work hours per trade and the good faith efforts of each construction
				contractor. The Department shall calculate the work hours per trade based upon
				information in the monthly project workforce report submitted pursuant to
				N.J.A.C.
				17:27-7.5 and verified by periodic site
				visits.
(d) Public agencies,
				contractors, subcontractors, or affected minority or women workers may submit
				written requests to the Department for a determination of what employment goals
				should apply for a particular contract. The determination made by the
				Department in such cases shall be binding on public agencies, contractors,
				subcontractors, or minority or women workers who submit the requests.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 7 - TARGETED MINORITY AND WOMEN EMPLOYMENT GOALS FOR DETERMINING GOOD FAITH EQUAL EMPLOYMENT OPPORTUNITY EFFORTS BY CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS › Section 17:27-7.3 - Contractor and subcontractor compliance obligations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				construction contractor or subcontractor shall be deemed to be in compliance
				with the targeted employment goals pursuant to this subchapter, if the
				contractor or subcontractor is employing minority and women workers in the
				percentages established as employment goals pursuant to this subchapter, and
				achievement of said employment percentages shall constitute compliance for
				purposes of this chapter, regardless of any other percentages established by a
				public agency; or if the contractor or subcontractor has acted and continues to
				act in good faith, including the use of the procedures required by the
				mandatory language prescribed by
				17:27-3.7, to achieve the targeted
				minority and women employment goal percentages established in accordance with
				this subchapter.
(b) The contractor
				or subcontractor agrees to provide documentation that it has made good faith
				efforts to meet equal employment opportunity requirements whenever the
				Department or public agency, upon its own initiative or upon the complaint of
				any member of the public, determines that such information is needed to
				determine whether the contractor or subcontractor has failed to comply with the
				applicable equal employment opportunity requirements.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 7 - TARGETED MINORITY AND WOMEN EMPLOYMENT GOALS FOR DETERMINING GOOD FAITH EQUAL EMPLOYMENT OPPORTUNITY EFFORTS BY CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS › Section 17:27-7.5 - Construction project workforce reporting and compliance procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall electronically provide to the public
				  agency that has awarded a construction contract initial project workforce
				  reports (Form AA201), through its website, to be distributed to the contractor.
				  Each initial project workforce report shall identify the estimated employment
				  requirements, by trade or craft, of the construction contractors and
				  subcontractors for the duration of the construction contract. The Department
				  shall provide construction contractors and subcontractors monthly project
				  workforce reports that must be submitted to the public agency and the
				  Department by the seventh business day of each month. The Department, the
				  public agency compliance officer, construction contractors and subcontractors
				  shall use these project workforce reports in accordance with
				  N.J.A.C.
				  17:27-3.8, to monitor compliance with the
				  requirements of this subchapter, and the Department and the public agency
				  compliance officer also may use these reports to engage in other related
				  enforcement, compliance and reporting procedures as provided for in N.J.A.C.
				  17:27-9 and 10.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 7 - TARGETED MINORITY AND WOMEN EMPLOYMENT GOALS FOR DETERMINING GOOD FAITH EQUAL EMPLOYMENT OPPORTUNITY EFFORTS BY CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS › Section 17:27-7.6 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 9 - MONITORING PUBLIC AGENCY CONTRACTS › Section 17:27-9.1 - Designation of principal officer

Current through Register Vol. 56, No. 14, July 15, 2024
If a contractor or subcontractor is operating under an
				  affirmative action program prescribed by
				  N.J.A.C.
				  17:27-4.2(a)  or 6.2(a),
				  said contractor or subcontractor shall designate a principal officer of its
				  firm who shall meet, when necessary, with its staff, subcontractors, union
				  representatives, the public agency compliance officer, the Department, and the
				  Division to insure compliance with these rules and its affirmative action
				  program.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 9 - MONITORING PUBLIC AGENCY CONTRACTS › Section 17:27-9.2 - Department's on-site visits and attendance at job meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				official of the Division or Department shall be allowed to conduct on-site
				visits and/or to attend all project and/or job meetings and, at reasonable
				times and in a reasonable manner, to enter the contractor's or subcontractor's
				business facility or facilities or construction project site for the purpose of
				determining, in accordance with the Division's or Department's standard
				operating procedures, whether the contractor or subcontractor is complying with
				the affirmative action program.
(b)
				An official of the Division or Department, with reasonable advance notice,
				shall be allowed to enter the public agency's business facility or facilities
				for the purpose of determining, in accordance with the Division's or
				Department's standard operating procedures, whether the public agency is
				complying with the affirmative action rules.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 10 - COMPLIANCE PROCEDURES AND SANCTIONS, APPLICABLE TO PUBLIC WORKS CONTRACTS › Section 17:27-10.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this subchapter shall
				apply to contractors and subcontractors who are awarded public contracts and to
				public agencies that award public contracts.
(b) The Division, Department, and those
				public agencies to which it has delegated authority in accordance with
				N.J.A.C.
				17:27-3.10 have the authority to issue
				sanctions pursuant to this subchapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 10 - COMPLIANCE PROCEDURES AND SANCTIONS, APPLICABLE TO PUBLIC WORKS CONTRACTS › Section 17:27-10.2 - Alert notices for contractors and/or subcontractors

Current through Register Vol. 56, No. 14, July 15, 2024
The Division, Department, or public agency compliance officer
				  designated by a public agency who has received authority from the Division or
				  Department, on its own initiative or in response to an allegation from a public
				  agency compliance officer, or in response to a written complaint or allegation
				  from an interested party, shall investigate any complaint or allegation of a
				  violation of this chapter or of an approved affirmative action program. If the
				  Division, Department, or public agency compliance officer designated by a
				  public agency, who has received authority from the Division or the Department,
				  determines that there is a substantial probability that a violation is
				  occurring, it may issue a written alert notice to a contractor or subcontractor
				  and provide a copy to the public agency. The alert notice shall explain in
				  sufficient detail the facts of the alleged violation.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 10 - COMPLIANCE PROCEDURES AND SANCTIONS, APPLICABLE TO PUBLIC WORKS CONTRACTS › Section 17:27-10.3 - Correction of alleged violations; violation notice for contractors and/or subcontractors

Current through Register Vol. 56, No. 14, July 15, 2024
If the alleged violation explained in the alert notice has
				  not been corrected to the satisfaction of the Division, Department, or public
				  agency compliance officer designated by a public agency who has received
				  authority from the Division or Department issuing the notice, within three
				  business days after it is received by the contractor or subcontractor, said
				  Division, Department, or public agency compliance officer designated by a
				  public agency who has received authority from the Division or Department shall
				  issue a violation notice to said contractor or subcontractor. Said violation
				  notice shall explain in sufficient detail the facts of the continuing
				  violation.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 10 - COMPLIANCE PROCEDURES AND SANCTIONS, APPLICABLE TO PUBLIC WORKS CONTRACTS › Section 17:27-10.4 - Advisement notices for public agencies

Current through Register Vol. 56, No. 14, July 15, 2024
The Division or Department, acting on its own initiative or
				  in response to a written complaint or allegation from an interested party,
				  shall investigate any written complaint or allegation of a violation of this
				  chapter by a public agency. If the Division or Department determines that there
				  is a substantial probability that a violation is occurring, it may issue an
				  advisement letter to a public agency. The advisement letter shall explain in
				  sufficient detail the facts of the alleged violation.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 10 - COMPLIANCE PROCEDURES AND SANCTIONS, APPLICABLE TO PUBLIC WORKS CONTRACTS › Section 17:27-10.5 - Correction of alleged public agency violations; show cause letter

Current through Register Vol. 56, No. 14, July 15, 2024
If the public agency does not correct or sufficiently address
				  to the satisfaction of the Division or Department the alleged public agency
				  violation explained in the letter of advisement within 30 days of the agency's
				  receipt of the letter of advisement, the Division or Department may conduct a
				  further review or issue a show cause letter to said public agency. Said show
				  cause letter shall explain in sufficient detail the facts of the continuing
				  violation.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 10 - COMPLIANCE PROCEDURES AND SANCTIONS, APPLICABLE TO PUBLIC WORKS CONTRACTS › Section 17:27-10.6 - Contractor, vendor and public agency violations; remedial actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The following circumstances shall constitute some of the indicia of a party's
				failure to meet the requirements of this chapter or of an affirmative action
				program, which may form the basis for a finding of a violation by the Division
				or Department. These indicia are a representative sampling of indicia, but are
				not intended to constitute the only indicia that may be considered by the
				Division or Department in its determination as to whether a violation has
				occurred:
1. For construction contractors:
i. Failure to submit Affirmative Action Form
				201 (Initial Project Workforce Report);
ii. Failure to submit Affirmative Action Form
				202 (Monthly Project Workforce Report);
iii. Failure to submit documentation of good
				faith efforts to provide equal employment opportunity in the hiring of
				minorities and women in each trade such as that noted at
				17:27-7.4;
iv. Failure to provide additional requested
				information to determine compliance;
v. Failure to respond to an Alert or
				Violation Notice; or
vi. Failure to
				attend an investigatory conference.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 10 - COMPLIANCE PROCEDURES AND SANCTIONS, APPLICABLE TO PUBLIC WORKS CONTRACTS › Section 17:27-10.7 - Fines and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Division or Department finds
				that a construction contractor, vendor or public agency has violated the Act or
				its implementing rules, the Treasurer is authorized to assess and collect fines
				in the amounts and time frames that follow:
1. First Violation - $ 250.00 per day for
				each violation during which the violation continues.
2. Second Violation - not more than $ 500.00
				per day for each violation for each day during which the violation
				continues.
3. Third and Subsequent
				Violations - not less than $ 500.00 per day for each violation but not more
				than $ 1,000 per day for each violation.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 10 - COMPLIANCE PROCEDURES AND SANCTIONS, APPLICABLE TO PUBLIC WORKS CONTRACTS › Section 17:27-10.9 - Final determination against construction contractor; aggregate rating for State contract awards

Current through Register Vol. 56, No. 14, July 15, 2024
Upon rendering a final determination against a construction
				  contractor, the Department shall notify the Division of Property Management and
				  Construction of such determination and the Division of Property Management and
				  Construction shall consider such adverse finding as a factor in determining the
				  contractor's aggregate rating for the award of State construction
				  contracts.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 10 - COMPLIANCE PROCEDURES AND SANCTIONS, APPLICABLE TO PUBLIC WORKS CONTRACTS › Section 17:27-10.10 - Requested meetings

Current through Register Vol. 56, No. 14, July 15, 2024
A meeting with, or technical assistance provided by an
				  official of the Division or Department may be requested by a contractor and/or
				  subcontractor or public agency at any time, whether or not a violation has been
				  alleged.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 11 - REPORT FOR PUBLIC WORKS CONTRACTORS, SUBCONTRACTORS AND PUBLIC AGENCIES › Section 17:27-11.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
The contractor and its subcontractors shall furnish such
				  reports and other documents to the Division or the Department as may be
				  requested by the Division or the Department from time to time in order to carry
				  out the purposes of these rules, and public agencies shall furnish such
				  information as may be requested by the Division or the Department for
				  conducting a compliance investigation pursuant to N.J.A.C.
				  17:27-10.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 12 - TRAINING AND OUTREACH › Section 17:27-12.1 - Financing minority and women worker outreach and training programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Annual funding for on-the-job and/or off-the-job outreach and training programs
				for minorities and women in the construction trades administered by the
				Department of Labor and Workforce Development shall be set forth in the
				Appropriations Act, by statute, and/or other means permitted by law, by no
				later than July 1st of each year. The Department shall notify all public
				agencies of the funding mechanism for these programs by no later than July 15th
				of each year.
(b) Public agencies
				that are required to allocate and release funds for outreach and training
				programs for minorities and women in the construction trades, in accordance
				with (a) above, shall notify the Department of the allocation and release of
				training funds to the Department of Labor and Workforce Development in writing
				and within 10 business days of the release.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 12 - TRAINING AND OUTREACH › Section 17:27-12.2 - Assistance

Current through Register Vol. 56, No. 14, July 15, 2024
The public agency compliance officer, in consultation with
				  the Department, may assist contractors in the use of outreach, referral and
				  training programs for minority and women workers.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 12 - TRAINING AND OUTREACH › Section 17:27-12.3 - Use of established public and private agencies

Current through Register Vol. 56, No. 14, July 15, 2024
Public works contractors and subcontractors shall make use
				  of established public and private agencies, such as the New Jersey State
				  Employment Service, WIB's (Workforce Investment Boards), Urban League,
				  community action agencies, faith-based organizations, community based
				  organizations, including, but not limited to, urban women centers, hispanic
				  resource centers and displaced homemaker centers, county vocational schools and
				  Workforce Investment Act (WIA) One Stop Career Centers, in order to facilitate
				  the recruitment, referral and training of women and minorities for all
				  employment positions.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 12 - TRAINING AND OUTREACH › Section 17:27-12.4 - Minority and women referral agencies

Current through Register Vol. 56, No. 14, July 15, 2024
The Division and the Department shall designate approved
				  minority and women referral, training and outreach agencies for each region.
				  Contractors and subcontractors shall list, as is appropriate, employment
				  opportunities with the minority and women referral agency or agencies
				  designated for its region.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 12 - TRAINING AND OUTREACH › Section 17:27-12.5 - Satisfaction of minority and women obligations

Current through Register Vol. 56, No. 14, July 15, 2024
Contractors and subcontractors shall satisfy their minority
				  and women worker outreach and training obligations by complying with the
				  requirements of N.J.A.C. 17:27-5 and 12.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 28 - PUBLIC EMPLOYEE CHARITABLE FUND-RAISING CAMPAIGN › Subchapter 1 - GENERAL PROVISIONS › Section 17:28-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of the rules in this chapter
				is to:
1. Provide a convenient channel through
				which State and local units of government employees may support the efforts of
				charitable fund-raising organizations and charitable agencies, while minimizing
				disruption to the workplace and cost to the taxpayers that fund-raising may
				entail;
2. Establish a system for
				the planning and conduct of charitable fund-raising campaigns among State and
				local units of government employees in order to ensure that the funds will be
				collected and distributed in a reasonable manner; and
3. Provide eligible charitable fund-raising
				organizations and charitable agencies access to the public workplace for
				soliciting and collecting such contributions.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 28 - PUBLIC EMPLOYEE CHARITABLE FUND-RAISING CAMPAIGN › Subchapter 1 - GENERAL PROVISIONS › Section 17:28-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Public Employee Charitable
				Fund-raising Campaign is the only authorized fund-raising solicitation of
				employees in the public workplace on behalf of charitable
				organizations.
(b) No deductions
				shall be made from compensation payable to State employees by the State
				Treasurer or his or her agents, or from compensation payable to employees of
				any instrumentality of the State, not payable by the State Treasurer, for the
				payment of contributions to any charitable fund-raising organization or
				charitable agency pursuant to N.J.S.A. 52:14-15.9c 1, unless such organization
				or agency complies with the requirements of this chapter.
(c) No deductions shall be made from
				compensation payable by disbursing officers of local units of government or
				their agents, or from compensation payable to employees of any local unit of
				government, for the payment of contributions to any charitable fund-raising
				organization or charitable agency pursuant to N.J.S.A. 52:14-15.9c 1, unless
				such organization or agency complies with the requirements of this
				chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 28 - PUBLIC EMPLOYEE CHARITABLE FUND-RAISING CAMPAIGN › Subchapter 1 - GENERAL PROVISIONS › Section 17:28-1.4 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
In order to carry out its functions, the Department of the
				  Treasury or local unit of government shall use such forms as it shall deem
				  appropriate. Such forms may be amended, supplemented, and/or replaced at the
				  discretion of the State Treasurer or local unit of
				  government.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 28 - PUBLIC EMPLOYEE CHARITABLE FUND-RAISING CAMPAIGN › Subchapter 1 - GENERAL PROVISIONS › Section 17:28-1.5 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No charitable agency or charitable
				fund-raising organization shall engage in any direct solicitation activity at
				the work site of State and local unit employees, except as a participant in the
				Campaign and in accordance with this chapter.
(b) No charitable agency shall participate in
				a Campaign as both an affiliated and an unaffiliated agency.
(c) All activities of the Campaign shall be
				conducted in a manner that promotes a unified solicitation on the behalf of all
				participants. While it is permissible to individually identify, describe or
				explain the charitable fund-raising organizations or charitable agencies in the
				Campaign for informational purposes, no person affiliated with the Campaign
				shall engage in any Campaign activity that is construed to either advocate or
				criticize any specific charitable fund-raising organization or charitable
				agency.
(d) No State or local unit
				of government official or employee shall assume the duties and responsibilities
				of the Campaign Steering Committee, the Campaign Steering Committee Chair, or
				the Campaign Manager. In the event of the inability of the Committee to
				function, or a continuing vacancy in the position of Chair or Manager, the
				State Treasurer or local unit of government reserves the right to cancel the
				Campaign. The State Treasurer and each local unit of government shall designate
				an employee coordinator to assist the Campaign Steering Committee.
(e) The limitations on the solicitation of
				funds and distribution of printed communications are as follows:
1. No charitable agency, charitable
				fund-raising organization, or any other entity, shall be permitted to solicit
				funds from State or local unit of government employees through the use of a
				circular, notice, advertisement, solicitation, inquiry, or other communication
				of any type, purpose, or design distributed with, or at the same time as, an
				envelope or other container having within it a payroll check or other official
				communication; and
2. The
				distribution of any type of printed communication with any envelope or other
				container having within it a payroll check or other official communication
				shall be limited to: the distribution of announcements by the Governor, the
				head of a principal department in the Executive Branch of State Government for
				governmental purposes and not in conjunction with any charitable agency or
				charitable fund-raising organization, as approved by the State Treasurer, and
				to the distribution of printed materials related to the charitable fund-raising
				campaign, as approved by the Campaign Steering Committee or the head of a local
				unit of government.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 28 - PUBLIC EMPLOYEE CHARITABLE FUND-RAISING CAMPAIGN › Subchapter 2 - CHARITABLE FUND-RAISING CAMPAIGN STEERING COMMITTEE › Section 17:28-2.1 - Steering Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Campaign Steering Committee is the
				operational unit of the State and local unit of government Campaign. Its
				actions on behalf of the member charitable fund-raising organizations shall be
				binding; it may assign functions, organize subgroups, and enlist others in its
				activities, as it deems necessary in order to carry out its
				responsibilities.
(b) The
				underlying philosophy that shall govern the actions of the Campaign Steering
				Committee and the relationship among participating charitable fund-raising
				organizations is that no one organization shall function in a manner that will
				be detrimental to other participating organizations or to agencies
				participating in the Campaign.
(c)
				The Campaign Steering Committee shall convene at least quarterly, with the
				first meeting of the year occurring on or before March 1.
(d) Each member shall have one
				vote.
(e) No official action can be
				taken if objected to by at least five members of the Campaign Steering
				Committee.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 28 - PUBLIC EMPLOYEE CHARITABLE FUND-RAISING CAMPAIGN › Subchapter 2 - CHARITABLE FUND-RAISING CAMPAIGN STEERING COMMITTEE › Section 17:28-2.2 - Membership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Campaign Steering Committee
				shall consist of one representative of each of the charitable fund-raising
				organizations eligible to participate in the State Campaign pursuant to
				N.J.S.A. 52:14-15.9c 7a through f, one representative of a State public
				employee labor union to be chosen by the presidents of the various labor unions
				that represent State employees and one representative of the executive branch
				of State Government to be appointed by the Governor.
(b) Each local Campaign Steering Committee
				shall consist of one representative of each of the charitable fund-raising
				organizations eligible to participate in the local unit of government Campaign
				pursuant to N.J.S.A. 52:14-15.9c 7a through e and g, and one representative of
				each local unit of government to be appointed by the Chief Executive Officer of
				the unit. Each local Campaign Steering Committee may also include one
				representative of the employees and one representative of the management of the
				local unit of government, as may be designated by the governing body of the
				unit.