New Jersey § 34:11-56

§ 34:11-56.

a. A contractor who: (1) willfully hinders or delays the commissioner in the performance

of his duties in the enforcement of this act; (2) fails to make, keep, and preserve

any records as required under the provisions of the “New Jersey Prevailing Wage Act,”

P.L.1963, c. 150 ( C.34:11-56.25 et seq. ); (3) falsifies any such record, or refuses to make any such record accessible to

the commissioner upon demand; (4) refuses to furnish a sworn statement of such records

or any other information required for the enforcement of this act to the commissioner

upon demand; (5) pays or agrees to pay wages at a rate less than the rate prescribed

by the “New Jersey Prevailing Wage Act,” P.L.1963, c. 150 ( C.34:11-56.25 et seq. ); (6) willfully makes, or causes to be made, a false, deceptive or fraudulent statement

on the public works contractor registration form; or (7) otherwise violates any provision of this act, shall be guilty of a disorderly persons

offense and shall, upon conviction, be subject to punishment by a fine of not less than $2,500

nor more than $25,000 and disqualification from bidding on or engaging in public work

for a period of up to three years. Where the contractor has made or has caused to be made a false, deceptive or fraudulent

statement on the public works contractor registration form in connection with the

requirement of section 5 of P.L.1999, c. 238 ( C.34:11-56.52 ) that the contractor participate in a registered apprenticeship program for each

craft that the contractor employs, and where the false, deceptive or fraudulent statement

was made by an officer or employee charged with the duty of completion of the registration

form for a contractor, that officer or employee, upon conviction, shall be subject

to punishment by the fine indicated in this subsection or by imprisonment not exceeding

six months, or both . b. As an alternative to or in addition to sanctions provided by the “New Jersey Prevailing

Wage Act,” P.L.1963, c. 150 ( C.34:11-56.25 et seq. ), the commissioner may, after providing the contractor with notice of any alleged

violation of this act, and with an opportunity to request a hearing before the commissioner

or his designee: (1) Deny renewal, revoke or suspend the registration of a contractor for a period

of not more than five years; or (2) Require a contractor, as a condition of initial or continued registration, to

provide a surety bond payable to the State. The surety bond shall be for the benefit of workers damaged by any failure of a

contractor to pay wages or benefits pursuant to or otherwise comply with the provisions

of the “New Jersey Prevailing Wage Act,” P.L.1963, c. 150 ( C.34:11-56.25 et seq. ) or this act. The surety bond shall be in the amount and form that the commissioner deems necessary

for the protection of the contractor's workers, but shall not exceed $10,000 per worker. The surety bond shall be issued by a surety that meets the requirements of N.J.S.2A:44-143 . c. The director may order the immediate suspension of a contractor's registration,

prior to a formal hearing on the revocation of the contractor's registration pursuant

to subsection b. of this section, if the director determines that ordering an immediate

suspension is in the public interest and provided that the contractor is afforded

an opportunity to contest the immediate suspension in the following manner: (1) The director shall notify the contractor in writing of the immediate revocation

and the contractor's rights under the subsection. (2) The contractor may notify the director of its request for an opportunity to be

heard and contest the immediate suspension in writing within 72 hours of its receipt

of immediate suspension notification. (3) Within seven business days of receipt of the notification from the contractor

pursuant to paragraph (2) of this subsection, the director shall grant the contractor

a hearing to contest the immediate suspension. The director shall permit the contractor to present evidence at the hearing. (4) The director shall issue a written decision within five business days of the hearing

either upholding or reversing the contractor's immediate suspension. The decision shall include the grounds for upholding or reversing the contractor's

immediate suspension. (5) If the contractor disagrees with the written decision, the contractor may appeal

the decision to the commissioner, in accordance with the “Administrative Procedure

Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). d. If the director intends to impose an immediate suspension as set forth in subsection

c. of this section, based upon a rebuttable presumption as set forth in section 14

of P.L.1963, c. 150 ( C.34:11-56.38 ), the director shall provide the contractor with a notice of intent to suspend and

the contractor may request a hearing before the Director of the Division of Wage and

Hour Compliance within 72 hours of the receipt of the notice of intent to suspend

in order to present evidence expeditiously in support of the position that the suspension

should not be imposed. The suspension shall not take effect prior to the expiration of the 72-hour opportunity

to request a hearing. If such a request is not made, the suspension shall take effect at the end of the

72-hour period. If such a request is made, the suspension shall take effect only after the director

conducts the hearing. e. If the director orders the immediate suspension of a contractor's registration

pursuant to subsection b. of this section, the violation shall have no effect on the

registration of any contractor or subcontractor, regardless of tier, in the contractual

chain with the suspended contractor , unless the registration form for the contractual chain of contractors and subcontractors

was filed by a sponsor, in which case all of the contractors of whatever tier who

participated in the sponsor's apprenticeship program shall be suspended and their

registrations shall be revoked by the commissioner .