New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 3 - CONTRACT ADMINISTRATION
Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S)
Section 10:3-1.4 - Procedures, period of debarment and scope of debarment

1. The Department of Human Services, in seeking to debar a person or his affiliates, shall furnish such party with a written notice stating that debarment is being considered, setting forth the reasons for the proposed debarment and indicating that such party will be accorded an opportunity for a hearing if he so requests within a stated period of time. All such hearings shall be conducted in accordance with the provisions of the Administrative Procedure Act. However, where one department or agency has imposed debarment upon a party, the DHS may also impose a similar debarment without according an opportunity for a hearing, provided that the DHS furnishes notice of the proposed debarment to that party and accords that party an opportunity to present information in his behalf to explain why the proposed debarment should not be imposed in whole or in part.

2. Debarment shall be for a reasonable and definite 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 party is accorded an opportunity to present information in his behalf to explain why the additional period of debarment should not be imposed.

3. Except as otherwise provided by law, a debarment may be removed or the period thereof may be reduced in the discretion of the DHS 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.

4. A debarment may include all known affiliates of a person, 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 person with whom he is affiliated where such conduct was accomplished within the course of his official duty or was effected by him with the knowledge or approval of such person.