N.J. Admin. Code § 5:4-1.3

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

Section 5:4-1.3 - Conditions affecting debarment

(a) Debarment pursuant to this subchapter shall be made only upon approval by the Commissioner.

(b) The existence of any of the causes set forth in 5:4-1.2 shall not necessarily require that a person be debarred. In each instance, the decision to debar shall be made within the discretion of the Commissioner and shall be rendered in accordance with the best interests of the State.

(c) In determining the seriousness of the offense or failure or inadequacy of performance, and whether disbarment is warranted, the Commissioner shall give consideration to any mitigating factors.

(d) The existence of a cause set forth in 5:4-1.2(a)1 through 8 shall be established upon the rendering of a final judgment of conviction by, or the entry of a plea of guilty or nolo contendere in, a court of competent jurisdiction or an administrative agency empowered to render such judgment. In the event of a successful appeal of a judgment of conviction, the debarment shall be removed unless other cause for debarment exists.

(e) The existence of a cause set forth in 5:4-1.2(a)9 through 12 shall be established by evidence which the Commissioner determines to be clear and convincing in nature.

(f) Debarment for one of the causes set forth in 5:4-1.2(a)13 and 14 shall be proper, provided that one of the causes set forth in 5:4-1.2(a), or an equivalent cause under the law of another jurisdiction, was the basis for debarment by the original debarring agency. Such debarment may be based entirely upon the record of facts obtained by the original debarring agency, or upon a combination of such facts and additional facts.

N.J. Admin. Code § 5:4-1.3

Amended by R.1997 d.375, effective 9/15/1997.
See: 29 New Jersey Register 2734(a), 29 New Jersey Register 4101(a).
Amended N.J.A.C. references throughout.