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 17:27-10.8 - Investigatory conference; hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When issuing a
				notice of violation or show cause order, the program monitoring unit or public
				agency compliance officer designated by a public agency who has received
				authority from the Division or Department shall provide written notice to the
				alleged violator that it shall submit within 10 business days of receipt of
				such notice a written response statement explaining why it is not in violation
				of this chapter or the affirmative action plan or provide a detailed
				explanation of how it will correct any such violation and the date by which it
				will do so.
(b) If the program
				monitoring unit or public agency compliance officer designated by a public
				agency who has received authority from the Division or Department determines
				that the contractor or subcontractor has not adequately explained why it is not
				in violation or if the program monitoring unit or public agency compliance
				officer designated by a public agency who has received authority from the
				Division or Department determines that the violation is continuing to occur,
				then it shall conduct an investigatory conference to determine whether there is
				a violation, if corrective measures must be taken and/or whether it would
				recommend to the Division that financial penalties should be imposed in
				accordance with
				N.J.S.A.
				10:5-35 and 36. Such investigatory conference
				shall be conducted within 30 business days of the contractor's and/or
				subcontractor's submission of its written statement. The program monitoring
				unit 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. As soon as practical after conclusion of the
				investigatory conference, the program monitoring unit shall issue an initial
				determination to the alleged violator.
(c) If the alleged violator intends to appeal
				the initial determination, it must submit a written appeal to the Division or
				Department within 10 days of receipt of the initial determination from the
				program monitoring unit. Any such appeal must identify the specific bases for
				seeking review, including all reasons that support the alleged violator's
				position.
(d) The Division or
				Department may disregard any appeal that is filed after the 10-day period. The
				Division or Department shall resolve an appeal of the program monitoring unit's
				initial determination by written decision on the basis of the Division's or
				Department's review of the written record (including any timely submission from
				the alleged violator) and information obtained by the Division or Department
				including, but not limited to, the violation notice, field monitoring reports,
				affirmative action data, pertinent standard operating procedures,
				administrative rules, statutes, case law and any associated
				information/documentation the Division or Department deems appropriate. Such
				review of the written record shall, in and of itself, constitute an informal
				hearing.
(e) At the discretion of
				the Division or Department, the alleged violator or any other relevant party
				may be called upon to make an oral presentation, which may include an
				opportunity to submit additional documentation relevant to the issues set forth
				in the violation notice or show cause order. Oral presentations as convened
				under these rules are fact-findings for the benefit of the Division or
				Department. At such oral presentations, the program monitoring unit, shall be
				represented by pertinent members of the Division or Department and by the
				Office of the Attorney General, if required. The Division or Department has the
				discretion to limit attendance at an oral presentation to those parties likely
				to be affected by the outcome of the appeal.
(f) The Division or Department, may perform a
				review of the written record or conduct an oral presentation directly. In the
				case of a review or oral presentation being handled by a hearing officer
				designee from outside the Division or Department, the determination of such
				designee shall be in the form of a report, which shall be advisory in nature
				and not binding on the Division or Department. All parties shall receive a copy
				of the hearing officer's report and shall have 10 business days to provide
				written comments or exceptions to the Division or Department. Subsequent to the
				10-business-day period for comments or exceptions, the Division or Department
				shall issue an initial written decision on the matter. In the case of a review
				or oral presentation being handled by a designee from within the Division or
				Department, the determination shall be issued by the Division or Department, or
				the Division's or Department's designee.
(g) An appeal of the Division's or
				Department's determination may be made to the Office of Administrative Law in
				accordance with the Administrative Procedure Act,
				N.J.S.A.
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.