N.J. Admin. Code § 17:27-4.6
Current through Register Vol. 56, No. 19, October 7, 2024
Section 17:27-4.6 - Procedures for the issuance and renewal of a certificate of employee information report(a) A vendor that has submitted an employee information report to a public agency pursuant to 17:27-4.3, and any subcontractor that has submitted an employee information report pursuant to 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 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 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 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 17:27-4.3.N.J. Admin. Code § 17:27-4.6
Amended by R.1988 d.522, effective 11/7/1988.
See: 20 N.J.R. 1780(a), 20 N.J.R. 2795(b).
Removed the word "approval"; substituted "procedures" for "rules"; substituted "employee information" for "employment".
Recodified from N.J.A.C. 17:27-4.5 and amended by R.2004 d.450, effective 12/6/2004.
See: 36 N.J.R. 2623(b), 36 N.J.R. 5443(b).
Rewrote the section. Former N.J.A.C. 17:27-4.6, Public agency authority to set time periods, recodified to N.J.A.C. 17:27-4.7.
Amended by R.2008 d.307, effective 10/20/2008.
See: 40 N.J.R. 3601(a), 40 N.J.R. 6222(a).
Substituted "vendor" for "contractor" and "Vendor" for "Contractor" throughout; in (b), substituted the third occurrence of "vendor" for "goods and services contractor"; in (c)1, substituted the first occurrence of "vendor" for "goods and services contractor" and the second occurrence of "vendor" for "goods and services contractors"; in (c)2, substituted the first occurrence of "vendor" for "goods and services contractor"; and in (c)3, substituted "vendor's" for "contractor's".
Amended by R.2010 d.053, effective 4/5/2010.
See: 41 N.J.R. 3041(a), 42 N.J.R. 723(a).
Rewrote (c); added new (d); and recodified former (d) as (e).