Current through Register Vol. 56, No. 18, September 16, 2024
(a)
The following circumstances shall constitute some of the indicia of a party's
failure to meet the requirements of this chapter or of an affirmative action
program, which may form the basis for a finding of a violation by the Division
or Department. These indicia are a representative sampling of indicia, but are
not intended to constitute the only indicia that may be considered by the
Division or Department in its determination as to whether a violation has
occurred:
1. For construction contractors:
i. Failure to submit Affirmative Action Form
201 (Initial Project Workforce Report);
ii. Failure to submit Affirmative Action Form
202 (Monthly Project Workforce Report);
iii. Failure to submit documentation of good
faith efforts to provide equal employment opportunity in the hiring of
minorities and women in each trade such as that noted at
17:27-7.4;
iv. Failure to provide additional requested
information to determine compliance;
v. Failure to respond to an Alert or
Violation Notice; or
vi. Failure to
attend an investigatory conference.
2. For goods and services and professional
services vendors:
i. Failure to submit
affirmative action evidence (that is, Form 302 (Employee Information Report),
Certificate of Employee Information Report or Letter of Federal Approval) to
public agency;
ii. Failure to
submit Affirmative Action Form 302 (Employee Information Report) to the
Division for issuance of a Certificate of Employee Information
Report;
iii. Failure to submit
documentation of good faith efforts to provide equal employment opportunity in
the hiring of minorities and women;
iv. Failure to submit Affirmative Action
Plan; or
v. Alteration or forgery
of Certificate of Employee Information Report.
3. For public agencies:
i. Failure of a State agency to pay one-half
of one percent of the total cost of the construction project that is the
subject of one or more construction contracts and equal to or greater than $
1,000,000, to the Department of Labor and Workforce Development for the
outreach and training of minorities and women in the construction trades in
accordance with the notice required pursuant to
17:27-12.1;
ii. Failure to include mandatory language in
advertisements, bid specifications or contracts;
iii. Failure to obtain affirmative action
evidence from vendor/contractor;
iv. Failure to submit the Public Agency
Compliance Officer (PACO) Letter or to notify the Division of changes in PACO
designation;
v. Failure to
cooperate fully with the Division in the establishment and implementation of
guidelines for determining whether a contractor or vendor has failed to provide
equal employment opportunity in the hiring of minorities and women on public
contracts; or
vi. Failure to
provide the Division with such other information as it shall request and as
shall be necessary to enable the Division to fulfill its mission.
(b) If the Division
determines that a contractor, subcontractor or public agency is in violation of
this chapter or in violation of its affirmative action program, the Division
may enforce the obligations of
N.J.S.A.
10:5-31 et seq., as implemented by this
chapter, and the requirements of the affirmative action program by ordering or
taking part in any or all of the remedial actions in (b)1 through 4 below. A
public agency acting under delegated authority may also enforce the obligations
of N.J.S.A. 10:5-31 et seq., as
implemented by this chapter and the requirement of the affirmative action plan
by ordering these remedial actions except with regards to other public
agencies.
1. Subject the contractor or
subcontractor or public agency to a fine of up to $ 1,000 for each violation
for each day during which the violation continues, as delineated in
17:27-10.7, with said fine to be
collected in a summary manner pursuant to the Penalties Enforcement Law of
1999, 2A:58-10 et seq.;
2. Refer the record of violation to the
contracting agency for corrective action as provided by statute, regulation or
contract, including, but not limited to, suspension, debarment, withholding
payment and termination of a contract;
3. Refer the record of violation
determination proceeding to the Attorney General or his or her designee for
evaluation for action consistent with the "Law Against Discrimination";
and/or
4. The Director of the
Division, as the designee of the Treasurer, may enforce in a court of law the
provisions of
10:5-31, et seq., or join in or
assist any enforcement proceeding initiated by any aggrieved person under said
Act. A public agency acting under delegated authority also has said enforcement
authority except with respect to other public agencies.
