New Jersey § 34:11-56

§ 34:11-56.

No public body shall approve, fund, authorize, or administer, or otherwise provide

financial assistance to a waterfront facility, by means of any new or renewed agreement

to do so, without first ascertaining that no waterfront employer employing longshoreman

at the facility is on the current debarment list of names of waterfront employers

who have failed to pay waterfront prevailing wages required by this act. No contract shall be awarded by a public body to any listed waterfront employer

or to any other waterfront employer in which the listed waterfront employer has an

interest. For purposes of this section, “ interest ” means an interest, affiliation, relationship or connection of a waterfront employer

listed pursuant to section 9 of this act 1 in or with another waterfront employer employing, or seeking to employ, longshoremen

at a waterfront facility, whether having the interest is as an owner, partner, officer,

manager, employee, agent, consultant or representative. The listed waterfront employer shall be regarded as having an interest in another

waterfront employer if the listed waterfront employer enters into a contract or agreement

with the other waterfront employer 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 9 of this act against the waterfront employer until

three years have elapsed from the date that the waterfront employer was listed by

the commissioner under section 9 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 9 of this act. A rebuttable presumption that a waterfront employer listed by the commissioner under

section 9 of this act has an interest in another waterfront employer may arise if

the two share any of the following capacities or characteristics: occupy the same

premises, have the same telephone number or fax number, have the same email address

or internet website, employ substantially the same administrative employees, utilize

the same tools and equipment, or employ or engage the services of any listed person

or persons involved in the direction or control of the other. If the rebuttable presumption that a listed waterfront employer has an interest in

another waterfront employer results in a determination to include of the other waterfront

employer in the debarment list, the other waterfront employer may request a hearing

to challenge the determination, to be conducted in accordance with the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). 1

L.2021, c. 336 (N.J.S.A. § 34:11-56.85).