New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 9 - PRECONDITION TO AWARD OF DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT AND FOR THE DEPARTMENT TO REPORT TO ANOTHER STATE AGENCY OR ENTITY THAT A BUSINESS IS IN SUBSTANTIAL GOOD STANDING WITH THE DEPARTMENT; REQUIRED CONTRACT PROVISION FOR DIRECT BUSINESS ASSISTANCE FROM THE DEPARTMENT
Subchapter 1 - DEPARTMENT DETERMINATION; SUBSTANTIAL GOOD STANDING
Section 12:9-1.3 - Precondition for receipt of direct business assistance from the Department, and for the Department to report to another State agency or entity that a business is in substantial good standing

(a) As a precondition to the award of direct business assistance from the Department, and as a precondition for the Department to report to another State agency or entity that a business is in substantial good standing, the Office shall determine whether the person has any outstanding liability to the Department pursuant to any of the statutes or rules that the Department enforces, including, but not limited to, for unpaid contributions to the unemployment compensation fund or the State disability benefits fund; to any individual on whose behalf the Department has issued a final order for the payment of wages or benefits; or for any penalties, fees, or interest due the Department pursuant to a final order issued under any of the statutes or rules that the Department enforces.

(b) If the Office determines that a person has any outstanding liability to the Department pursuant to any of the statutes or rules that the Department enforces, the application by the person for direct business assistance from the Department shall be denied, and it shall be reported to any inquiring State agency or entity that the business is not in substantial good standing; except that the Office may, notwithstanding the outstanding liability to the Department pursuant to statutes or rules that the Department enforces, find that the application of such a person for direct business assistance from the Department may be granted, and may report to any inquiring State agency or entity that the business is in substantial good standing, if all of the following conditions have been met:

(c) Where the Office determines that a person has outstanding liability to the Department pursuant to (a) above, and provided the conditions set forth at (b)2 and 3 above have been met, the Office shall, within 20 business days of a person having submitted an application for direct business assistance from the Department, or of another State agency or entity having requested a report from the Department whether a business is in substantial good standing, notify the person, in writing, either by regular or electronic mail, of any outstanding liability owed and shall provide the person 15 business days from the date that the notification is mailed or sent electronically within which to provide proof to the Office of having entered into a written agreement with the affected Departmental program area to immediately and fully comply with the statutes and rules enforced by the Department and to resolve all delinquencies or deficiencies within a time-period specified by the departmental program area within the body of the agreement.

(d) Where the Office is satisfied that an agreement to immediately and fully comply with the statutes and rules enforced by the Department and to resolve all delinquencies or deficiencies within a time period specified by the Department within the body of the agreement has been reached between the person and the affected departmental program area, and where the affected departmental program area confirms to the Office that the person is not in default of its obligations pursuant to the agreement, the Office may, in its discretion, determine that the person has met the precondition set forth at N.J.S.A. 34:15D-34 to the award of direct business assistance from the Department, or for the Department to report to another State agency or entity that the business is in substantial good standing, provided the person satisfies the requirements at (b)2 and 3 above; that is, provided the person is not on a debarment list or a list prohibiting the person from contracting with any public body, administered by the Department pursuant to any of the statutes or rules that the Department enforces, and provided the person is not currently serving a suspension or revocation of any license, certificate, or registration, issued by the Department pursuant to any of the statutes or rules that the Department enforces.

(e) The finding of the Office as to whether the precondition set forth at N.J.S.A. 34:15D-34 to the award of direct business assistance from the Department, or for the Department to report to another State agency or entity that the business is in substantial good standing, has been met, shall be communicated by the Office exclusively to the departmental program area evaluating the application for direct business assistance from the Department, or the State agency or entity requesting a report from the Department whether a business is in substantial good standing, as appropriate.