New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 8 - LISTING OF PERSONS PROHIBITED FROM CONTRACTING WITH ANY PUBLIC BODY DUE TO A VIOLATION OF STATE WAGE, BENEFIT, OR TAX LAWS
Subchapter 3 - VIOLATIONS; PUNISHMENT; NOTICE OF INTENT
Section 12:8-3.1 - Posting of names to a list on the Department's website of persons prohibited from contracting with any public body

Universal Citation: NJ Admin Code 12:8-3.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Where a person has been found to be in violation of any State wage, benefit, or tax laws and where a final order has been issued against that person by the Commissioner, or other appropriate agency officer, for a violation of any State wage, benefit, or tax laws, the Department may post that person's name to a list on the Department's website of persons prohibited from contracting with any public body.

(b) The Commissioner shall consider the following factors as material in each decision to place a person on the list pursuant to (a) above:

1. The record of previous violations;

2. Previous placement on the list by the Commissioner;

3. The frequency of violations by the person in previous or still pending cases;

4. The significance or scale of the violations;

5. The existence of failure to pay;

6. Failure to cooperate or respond to a request to produce records, forms, documents, or proof of payments;

7. Submission of falsified or altered records, forms, documents, or proof of payments;

8. Failure to provide goods or services; and

9. Failure to comply with contract specifications.

(c) When the Department seeks to post a name to the list of persons prohibited from contracting with any public body, the Department shall, 15 business days prior to the posting, furnish the person with a written Notice of Intent indicating the following:

1. The name, email address, and telephone number of a contact person at the Department and description of the procedure for removal of the posting;

2. The specific details concerning the violations and a copy of the unsatisfied court final judgment or final order for any violation of State wage, benefit, and tax laws;

3. Notification that the person shall be prohibited from contracting with any public body if the liability is not resolved; and

4. Notification that the person can request a hearing, in writing, to the Commissioner within 20 days of receipt of the Notice of Intent to place the person on the list.

(d) The Notice of Intent to post a name to the list on the Department's website of persons prohibited from contracting with any public body shall be mailed, by regular mail, or equivalent United States Postal Service option, and return receipt requested, to the person sought to be listed by the Department.

(e) A person who receives a Notice of Intent pursuant to (c) above shall have 20 days from receipt of the Notice of Intent to request a hearing.

(f) If the person has either failed to file a timely appeal, or has expressly waived its right to appeal, the name of the person shall be posted to the list on the Department's website of persons prohibited from contracting with any public body.

(g) All hearings pursuant to this section shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1" et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(h) The posting pursuant to (a) above, of the name of a person to the Department's list of persons prohibited from contracting with any public body, shall not occur when, prior to the anticipated date for posting of the name on the Department's list, either the person satisfies the entirety of the outstanding liability ordered by the court or the Commissioner, or a settlement has been reached and all payments have been made pursuant to the settlement.

(i) Within 15 days after the Department determines that a person on the Department's list of persons prohibited from contracting with a public body has satisfied the entirety of the outstanding liability ordered by the court, the Commissioner, or other agency head, or made all payments pursuant to the settlement for a violation of any State wage, benefit, or tax laws, the Department shall remove the name of that person from the list of persons prohibited from contracting with any public body.

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