N.J. Admin. Code § 17:12-4.9

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:12-4.9 - Audit and complaint discovery procedures

(a) CCAU, either as part of discovery in connection with a complaint filed under this subchapter, or for any other reason, is entitled to request, receive, review, and audit copies of any and all records and documents related to a State contract at any time. Upon receipt of the CCAU request, the contractor shall promptly provide the requested records and documents free of charge in the time, place, and manner specified by CCAU.

(b) Failure of the contractor to comply with the requirements of this section may, at the reasonable discretion of the Director:

1. Constitute sufficient basis to resolve the issue(s) in the complaint against the non-compliant contractor. CCAU may also consider relevant information requested and received from other parties deemed appropriate by the Director; and/or

2. Be used by the State to prove contract non-compliance and may be the basis for the State to take any action or seek any remedy available under the contract, at law or in equity.

(c) The audit result and any information received in response to a CCAU request pursuant to this section may be used by the State to establish contract non-compliance, to take any action, or seek any remedy available under the contract, at law, or in equity.

N.J. Admin. Code § 17:12-4.9

New Rule, R.1999 d.407, effective 11/15/1999.
See: 31 N.J.R. 2301(a), 31 N.J.R. 3742(b).
Amended by R.2005 d.128, effective 4/18/2005.
See: 36 N.J.R. 5230(a), 37 N.J.R. 1218(a).
Substituted "against" for "in disfavor of".
Amended by R.2012 d.074, effective 4/2/2012.
See: 43 N.J.R. 3308(a), 44 N.J.R. 1143(b).
Section was "Discovery procedures". Rewrote the section.