New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES
Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS
Section 16:72-5.6 - Conditions for suspension of a person(s)
Universal Citation: NJ Admin Code 16:72-5.6
Current through Register Vol. 56, No. 24, December 18, 2024
(a) The following conditions concerning suspension are to be adhered to:
1.
Suspension shall be imposed only upon approval of the Executive Director and
upon approval of the Attorney General, except as otherwise provided by
law.
2. The existence of any cause
for suspension shall not require that a suspension be imposed, and a decision
to suspend shall be made at the discretion of the Executive Director and of the
Attorney General, and shall be rendered in the best interest of NJ
TRANSIT.
3. Suspension shall not be
based upon unsupported accusation, but upon adequate evidence that cause
exists.
4. In assessing whether
adequate evidence exists, consideration shall be given to the amount of
credible evidence which is available, to the existence or absence of
corroboration as to important allegations, and to inferences which may properly
be drawn from the existence or absence of affirmative facts.
5. Reasonable suspicion of the existence of a
cause described in N.J.A.C. 16:72-5.2(a)1 through 8 may be established by the
rendering of a final judgment or conviction by a court or administrative agency
of competent jurisdiction, by grand jury indictment, or by evidence that such
violations of civil or criminal law did in fact occur.
6. A suspension invoked by another agency for
any of the causes described in N.J.A.C. 16:72-5.2may be the basis for the
imposition of a concurrent suspension by NJ TRANSIT, which may impose such
suspension without the approval of the Attorney General.
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