Current through Register Vol. 56, No. 18, September 16, 2024
(a) As an alternative to
or in addition to sanctions provided in
12:62-2.5, a certificate of
registration may be denied, suspended or revoked if the registrant or applicant or
an officer, partner, director, stockholder, or agent of the applicant or registrant
has at any time:
1. Failed to comply with the
registration requirement set forth in the Act;
2. Bid for or performed work pursuant to a public
works contract without having fully complied with the registration requirement set
forth in the Act;
3. Willfully made a
misstatement of or omitted revealing a material fact or facts in the application for
registration or renewal;
4. Failed to
provide all information requested by the Department pursuant to
12:62-2.1(c);
5. Contracted for use in the completion of a
public work any subcontractor or independent contractor required to register under
the Act who is not so registered or has utilized a subcontractor who has
subcontracted his or her work to any subcontractor or independent contractor who is
not so registered; or
6. Failed to
respond to a request to produce records, forms or documents or failed to cooperate
or has interfered with a designee of the Commissioner in the course of a
departmental investigation.
(b) A certificate of registration may be denied,
revoked, or suspended, depending on the nature and severity of the violation, if the
applicant or registrant, or an officer, partner, director, stockholder or agent of
the applicant or registrant has at any time violated any provision of the Act or of
this chapter, and/or any violations, or pending violations, brought by a
governmental entity of criminal or civil statutes and/or regulations which would
reflect upon the fitness of the applicant/contractor to bid on or engage in public
work projects or has failed to comply with the labor laws of New Jersey or any other
state or Federal labor law or any order of the Commissioner with regard to any
matter not referred to in (a) above.
(c)
The registration of a contractor shall not be revoked or suspended for a period
beyond five years. However, in determining the length of time for which a
contractor's registration may be denied, suspended or revoked, the following
criteria shall be considered:
1. The record of
previous violations by the contractor of the Public Works Contractor Registration
Act and/or the New Jersey Prevailing Wage Act and any violations, or pending
violations, brought by a governmental entity of criminal or civil statutes and/or
regulations which would reflect upon the fitness of the applicant/contractor to bid
on or engage in public work projects.
2.
Whether the general contractor or subcontractor in question should reasonably have
known that a subcontractor with whom he or she is in privity had not registered,
pursuant to the Act or had his or her registration revoked or suspended or had let
his or her registration lapse;
3. The
total number of unregistered subcontractors at the work site(s) in question and the
size and scope of public works project(s); and
4. Whether the general contractor or subcontractor
in privity to the subcontractor who is not registered pursuant to the Act obeyed the
Department's directive to remove the unregistered subcontractor from the work site
and thus cure the violation of the Act.
(d) The Commissioner may require as a condition of
initial or continued registration that a contractor who has violated either the Act
or the Prevailing Wage Act must provide a surety bond payable to the State.
1. The surety bond shall be for the benefit of
workers damaged by any failure of a contractor to pay wages or benefits pursuant to
or otherwise comply with the provisions of the "New Jersey Prevailing Wage Act,"
P.L. 1963, c.150,
34:11-56.2 5 et seq., or the
Act.
2. The surety bond shall be in the
amount and form that the Commissioner deems necessary for the protection of the
contractor's workers, but shall not exceed $ 10,000 per worker.
3. The surety bond shall be issued by a surety
that meets the requirements of
2A:44-143.
