New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 3 - AFFIRMATIVE ACTION IN AUTHORITY-FINANCED CONSTRUCTION PROJECTS › Section 19:30-3.8 - Failure to comply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				  the Authority determines that a contractor is not in compliance with this
				  subchapter, the Authority will notify the contractor, the project
				  owner/applicant, the construction lender, and the agent or trustee, in writing,
				  of the steps the contractors should take to be considered in compliance. The
				  Authority's actions may include:
1. The
				  Authority on its own initiative or in response to monitoring conducted by an AA
				  Compliance Officer, or in response to a written complaint or allegation from an
				  interested party, shall investigate any complaint or allegation of violation of
				  this subchapter. If the Authority determines there is a substantial probability
				  that a violation is occurring, it may issue a written alert notice to a
				  contractor or subcontractor and/or project owner/applicant if applicable. The
				  alert notice shall explain in sufficient detail the facts of the alleged
				  violation.
2. If the alleged
				  violation explained in the alert notice has not been corrected to the
				  satisfaction of the Authority within seven business days after it is received
				  by the contractor or subcontractor, the Authority shall issue a violation
				  notice to said contractor or subcontractor and/or project owner/applicant if
				  applicable. Said violation notice shall explain in sufficient detail the facts
				  of the continuing violation.
3. The
				  Authority, 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. If the Authority staff investigating the
				  complaint or allegation determines there is a substantial probability that a
				  violation is occurring, the Authority shall issue a violation notice to said
				  contractor or subcontractor and/or project owner/applicant if applicable. Said
				  violation notice shall explain in sufficient detail the facts of the continuing
				  violation.
4. The notice of
				  violation shall notify the alleged violator that it shall submit within seven
				  business days, a written statement explaining why it is not in violation of
				  this subchapter or an explanation of how it will correct any such violation. If
				  the Authority determines that the contractor or subcontractor has not
				  adequately explained why it is not in violation or if the Authority determines
				  that the alleged violation is continuing to occur, then it shall conduct an
				  investigatory conference to determine whether there is a violation and/or if
				  corrective measures must be taken. A conference may also be conducted to
				  discuss and resolve issues before imposing financial penalties in accordance
				  with 10:5-35 and 36. The investigatory
				  conference shall be conducted within 30 business days of the alleged violator's
				  submission of its written statement in response to the violation notice. The
				  Authority may conduct interviews and request from appropriate parties the
				  submission of additional information as is considered necessary to determine
				  whether the alleged violation has occurred.
5. A technical assistance meeting with the
				  Authority may be requested by a contractor and/or subcontractor at any time,
				  whether or not a violation has been alleged.