Current through Register Vol. 56, No. 24, December 18, 2024
(a) A
vendor that has submitted an employee information report to a public agency
pursuant to
N.J.A.C.
17:27-4.3, and any subcontractor that has
submitted an employee information report pursuant to
N.J.A.C.
17:27-4.4, shall immediately provide a copy
of said report to the Division with a fee of $ 150.00 payable to the Treasurer,
State of New Jersey.
(b) The
Division shall approve or reject an employee information report (Form AA302)
within 40 business days of its submission; provided, however, that such a
rejection, if it is independent of a noncompliance determination pursuant to
N.J.A.C. 17:27-10, shall in no way affect the validity of a contract for which
said employee information report was presented to satisfy the condition
required by
N.J.A.C.
17:27-4.3. Failure of the Division to so act
within 40 business days shall constitute approval of the employee information
report. If an employee information report submitted by a vendor or
subcontractor is rejected, a vendor or subcontractor may submit a corrected
employee information report (Form AA302) to the Division. Upon approval of an
employee information report submitted by a vendor or subcontractor who, prior
to its submission, had never received a certificate of employee information
report, the Division shall issue to said vendor or subcontractor a certificate
of employee information report which shall be valid for three years from the
date issued by the Division if the vendor has 50 or more employees and for
seven years from the date issued by the Division if the vendor or subcontractor
has less than 50 employees.
(c)
Additional procedures are as follows:
1. As
early as 90 business days prior to the expiration of a certificate of employee
information report, a vendor, including a professional services contractor, may
submit an application for renewal of the certificate of employee information
report with a fee in the amount of $ 150.00 payable to the Treasurer, State of
New Jersey to the Division. Said renewal application must be submitted within
10 business days of the certificate's expiring otherwise it will be treated as
an initial application for a certificate of employee information
report.
2. The Division shall make
the renewal application form available to vendors, including a professional
services contractor, in the form specified by the Division.
3. In accordance with the form specified by
the Division, the vendor, including a professional services contractor, shall
submit, along with its application for renewal and required fee, an updated
employee information report which shall contain current employee data, the
employee data contained in the prior employee information report approved by
the Division, the targeted employment goals which the vendor has been making
good faith efforts to meet during the period covered by the certificate or
employee information report approval for which renewal is requested, any
additional information requested by the Division and, if necessary, an
explanation of why the hiring and other personnel procedures employed by the
vendor have failed to produce good faith efforts to reach the targeted
employment goals established pursuant to
N.J.A.C.
17:27-5.2; and an explanation of changes in
hiring and personnel practices, if any, which the vendor plans to implement
expeditiously to increase minority and women employment opportunities in
pursuit of the targeted employment goals. Notwithstanding the content and scope
of the procedures which a vendor reports in an employee information report that
he or she will implement in pursuit of the targeted employment goals, said
vendor is obligated to make good faith efforts to implement and comply with any
hiring procedures and personnel practices required by this chapter including,
but not limited to, procedures required by the Division pursuant to this
chapter.
4. The Division shall
approve or reject an application for renewal of a certificate of employee
information report within 60 business days of its submission, and the failure
of the Division to so act within 60 business days shall constitute approval of
the renewal application. If a renewal application submitted by a vendor is
rejected, the Division shall state in writing reasons for the rejection and
allow the vendor to seek reconsideration by making a request in writing to the
Division. The Division, in its sole discretion, may agree to meet with the
vendor. A vendor whose application has been rejected may resubmit a renewal
application accompanied by a revised, current employee information report
pursuant to the same procedures and conditions applicable to the original
submission; provided, however, that any such resubmission shall serve to
terminate any reconsideration by the Division of a rejection of a renewal
application, which reconsideration has been commenced by the Division on the
basis of a vendor's response to its rejection of a renewal application. The
Division shall have 60 business days from submission of the revised renewal to
approve or reject the revised application. Upon approval of a renewal
application, the Division shall issue to the vendor a certificate of employee
information report which shall be valid for either three years from the date it
is issued by the Division for 50 or more employees or seven years from the date
it is issued by the Division for less than 50 employees. Any rejection of a
renewal application, if it is independent of a noncompliance determination,
pursuant to N.J.A.C. 17:27-10, shall in no way affect the validity of an
existing contract which has already been signed in accordance with
N.J.A.C.
17:27-4.3.
(d) There shall be a $ 75.00 fee for
duplicate or replacement certificate of employee information report.
(e) Where necessary to manage an
exceptionally difficult administrative schedule, the Division may issue a
temporary certificate of employee information report, valid for a time period
less than the time period authorized in (b) and (c) above, but at the time the
temporary certificate expires, the Division shall either issue a certificate of
employee information report that is valid for the appropriate time period as
authorized by (b) and (c) above, or reject said application; provided, however,
that any rejection of a renewal application, if it is independent of a
noncompliance determination, pursuant to N.J.A.C. 17:27-10, shall in no way
affect the validity of an existing contract which has already been signed, in
accordance with
N.J.A.C.
17:27-4.3.
