N.J. Admin. Code § 12:62-2.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:62-2.4 - Denial, suspension or revocation of registration

(a) As an alternative to or in addition to sanctions provided in N.J.A.C. 12:62-2.5, a certificate of registration may be denied, suspended or revoked if the registrant or applicant or an officer, partner, director, stockholder, or agent of the applicant or registrant has at any time:

1. Failed to comply with the registration requirement set forth in the Act;

2. Bid for or performed work pursuant to a public works contract without having fully complied with the registration requirement set forth in the Act;

3. Willfully made a misstatement of or omitted revealing a material fact or facts in the application for registration or renewal;

4. Failed to provide all information requested by the Department pursuant to N.J.A.C. 12:62-2.1(c);

5. Contracted for use in the completion of a public work any subcontractor or independent contractor required to register under the Act who is not so registered or has utilized a subcontractor who has subcontracted his or her work to any subcontractor or independent contractor who is not so registered; or

6. Failed to respond to a request to produce records, forms or documents or failed to cooperate or has interfered with a designee of the Commissioner in the course of a departmental investigation.

(b) A certificate of registration may be denied, revoked, or suspended, depending on the nature and severity of the violation, if the applicant or registrant, or an officer, partner, director, stockholder or agent of the applicant or registrant has at any time violated any provision of the Act or of this chapter, and/or any violations, or pending violations, brought by a governmental entity of criminal or civil statutes and/or regulations which would reflect upon the fitness of the applicant/contractor to bid on or engage in public work projects or has failed to comply with the labor laws of New Jersey or any other state or Federal labor law or any order of the Commissioner with regard to any matter not referred to in (a) above.

(c) The registration of a contractor shall not be revoked or suspended for a period beyond five years. However, in determining the length of time for which a contractor's registration may be denied, suspended or revoked, the following criteria shall be considered:

1. The record of previous violations by the contractor of the Public Works Contractor Registration Act and/or the New Jersey Prevailing Wage Act and any violations, or pending violations, brought by a governmental entity of criminal or civil statutes and/or regulations which would reflect upon the fitness of the applicant/contractor to bid on or engage in public work projects.

2. Whether the general contractor or subcontractor in question should reasonably have known that a subcontractor with whom he or she is in privity had not registered, pursuant to the Act or had his or her registration revoked or suspended or had let his or her registration lapse;

3. The total number of unregistered subcontractors at the work site(s) in question and the size and scope of public works project(s); and

4. Whether the general contractor or subcontractor in privity to the subcontractor who is not registered pursuant to the Act obeyed the Department's directive to remove the unregistered subcontractor from the work site and thus cure the violation of the Act.

(d) The Commissioner may require as a condition of initial or continued registration that a contractor who has violated either the Act or the Prevailing Wage Act must provide a surety bond payable to the State.

1. The surety bond shall be for the benefit of workers damaged by any failure of a contractor to pay wages or benefits pursuant to or otherwise comply with the provisions of the "New Jersey Prevailing Wage Act," P.L. 1963, c.150, N.J.S.A. 34:11-56.25 et seq., or the Act.

2. The surety bond shall be in the amount and form that the Commissioner deems necessary for the protection of the contractor's workers, but shall not exceed $ 10,000 per worker.

3. The surety bond shall be issued by a surety that meets the requirements of N.J.S.A. 2A:44-143.

N.J. Admin. Code § 12:62-2.4

Amended by R.2002 d.48, effective 2/4/2002.
See: 33 N.J.R. 3885(a), 33 N.J.R. 4309(a), 34 N.J.R. 776(a).
In (b), inserted ", or has failed to comply with the labor laws of New Jersey or any other state or Federal labor law" following "chapter".
Amended by R.2006 d.136, effective 4/17/2006.
See: 37 N.J.R. 1674(a), 38 N.J.R. 1752(a).
In (a)3, added "or omitted revealing a" and "or facts"; deleted "or" from (a)4; rewrote (a)5; added (a)6; in (b), added "and/or any violations, or pending violations, brought by . . . engage in public work projects"; rewrote (c), adding (c)1-4.