New Jersey § 34:11-56

§ 34:11-56.

The public body awarding any contract for public work, or otherwise undertaking any

public work, or entering into a lease or agreement to lease pursuant to which public

work is to be done, shall first ascertain from the commissioner the list of names

of contractors or subcontractors who have failed to pay prevailing wages as determined

in section 13 of this act, 1 and no contract shall be awarded to such contractor or subcontractor, or to any firm,

corporation or partnership in which such contractor or subcontractor has an interest

until three years have elapsed from the date of listing as determined in section 13

of this act. For purposes of this section, “ interest ” shall mean an interest in the firm, corporation or partnership bidding on, or performing

public work, whether having the interest as an owner, partner, officer, manager, employee,

agent, consultant or representative. The term may also include, but not be limited to, all instances in which the contractor

or subcontractor listed by the commissioner under section 13 of this act has received

payments, whether those payments are in the form of cash or any other form of compensation

from the firm, corporation or partnership, or when the contractor or subcontractor

listed by the commissioner under section 13 of this act has entered into any contract

or agreement with the firm, corporation or partnership for services performed or to

be performed, for services that have been or will be assigned or subletted, or for

the sale, rental or lease of vehicles, tools, equipment or supplies during the period

from the initiation of the proceedings under section 13 of this act against the contractor

or subcontractor until three years have elapsed from the date that the contractor

or subcontractor has been listed by the commissioner under section 13 of this act. The term “ interest ” shall not include shares held in a publicly traded corporation if the shares were

not received as compensation after the initiation of proceedings under section 13

of this act from a firm, corporation or partnership bidding or performing public work. A rebuttable presumption that a contractor or subcontractor listed by the commissioner

under section 13 of this act has an interest in another firm, corporation or partnership

may arise if the two share any of the following capacities or characteristics: (1)

perform similar work within the same geographical area and within the same monetary

range, (2) occupy the same premises, (3) have the same telephone number or fax number,

(4) have the same email address or internet website, (5) employ substantially the

same administrative employees, (6) utilize the same tools and equipment, (7) employ

or engage the services of any listed person or persons involved in the direction or

control of the other, or (8) list substantially the same work experience in order

to obtain the requisite pre-qualification rating from the Department of the Treasury,

or any other entity, to participate in any public work. If a rebuttable presumption has arisen that a contractor or subcontractor listed by

the commissioner under section 13 of this act has an interest in another firm, corporation

or partnership, the adversely affected contractor or subcontractor, including the

firm, corporation or partnership, which would by virtue of a finding of “interest”

be prevented under this section from being awarded public work, may request a hearing,

which shall be conducted in accordance with the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ). 1

N.J.S.A. § 34:11-56.37.