N.J. Admin. Code § 17:27-3.10

Current through Register Vol. 56, No. 19, October 7, 2024

Section 17:27-3.10 - State-approved public agency affirmative action construction programs; delegated authority

(a) Notwithstanding any other provisions of this subchapter, a public agency may establish its own affirmative action program for construction contracts and submit said program to the Department for designation as a State-approved affirmative action construction program resulting in the delegation of authority to monitor its own construction projects for Equal Employment Opportunity/Affirmative Action compliance. Any public agency program so designated shall exclusively establish the State affirmative action procedures and requirements which implement N.J.S.A. 10:5-31 et seq., as applied to construction contracts and subcontracts involving said public agency.

(b) The Department may designate a public agency's affirmative action construction program as State-approved only if the program requires the public agency's construction contracts to conform to the mandatory contract language requirements of N.J.A.C. 17:27-3.6(b). Said program requires the public agency's advertisement and solicitation of construction contract bids to contain the following language: "Bidders are required to comply with requirements of N.J.S.A. 10:5-31 et seq.," and said program establishes targeted employment goal, which is not lower than the targeted goal established by N.J.A.C. 17:27-7.2.

(c) A public agency that seeks to have its program designated as a State-approved program shall submit to the Department a complete description of its program, copies of the relevant forms and administrative and regulatory documents, and any other information requested by the Department. Within 60 business days of receiving all necessary information, the Department shall either designate a public agency affirmative action program as State-approved for an initial period of one year or reject said program in accordance with the Division's Standard Operating Procedures. Approval shall be conditioned upon the execution of a Memorandum of Understanding between the Department and the public agency. If an affirmative action program submitted by a public agency is disapproved, the Department shall state, in writing, reasons for the disapproval and allow the public agency to seek reconsideration by making a request, in writing, to the Department and correcting any defects as stated in the Department's written response.

(d) Any change that a public agency intends to make in a State-approved program shall first be submitted in writing to the Department for approval. The Department shall approve all changes to a State-approved program in writing. Any changes to a State-approved program made without the written approval of the Department shall terminate the State approval.

(e) Within 60 business days prior to the expiration of State approval of a public agency's affirmative action program, the public agency may request renewal of the State's approval for a two-year period, in accordance with the procedures for obtaining initial approval set forth in (d) above. The Department shall evaluate the public agency's compliance with the State-approved program in determining whether the approved designation should be renewed.

(f) The Department may review the operation of any State-approved program, and where appropriate, may issue a written notice of termination. Any such termination shall become effective 60 business days after the written notice of termination and opportunity to cure is issued.

(g) Any construction contractor or subcontractor that submits appropriate evidence, in accordance with N.J.A.C. 17:27-3.6(a)2 iv, that it is operating under an existing Federally approved or sanctioned affirmative action program to a public agency, including a public agency that is operating under its own State-approved affirmative action construction program, shall be deemed to have satisfied the affirmative action requirements of N.J.S.A. 10:5-31 et seq. The determination of the Department as to what constitutes such appropriate evidence shall be binding on the contractor or subcontractor.

N.J. Admin. Code § 17:27-3.10

Amended by 49 N.J.R. 2968(b), effective 9/5/2017