Return to Browsing

7 N.J.A.R. 182

Housing Finance Agency , New Jersey v. Canino, James, et al
Formats: PDF | DjVu— Help viewing DjVu Files
Citation: 7 N.J.A.R. 182
Decision Date: 1983
Agency: HOUSING FINANCE AGENCY
Synopsis: The New Jersey Housing Finance Agency sought to immediately suspend and proposed to debar respondent from agency contracting for five years because of Federal criminal convictions. The administrative law judge assigned to the case rejected respon- dent's argument that the agency was unable to immediately suspend respondent from contracting before the exhaustion of the appeal of respondent's convictions and pending a hearing on debarment. The judge noted that immediate suspensions pending hearings had been constitutionally approved in other contexts. In addition, the judge concluded that the crimes of which respondent had been committed, i.e. mail fraud, fraud by wire and conducting affairs of an enterprise through a pattern of racketeering clearly evidenced a lack of business integrity and honesty within the meaning of N.J.A.C. $:80-4.2(a)(2) and thus were sufficient grounds for debarment. The judge also found that the five named corporate respondents were affiliated with respondent within the meaning of N.J.A.C. 5:80- 4.4(a)(4) and were thus also subject to debarment. Accordingly, the administrative law judge ordered a five-year de- barment effective from the date of suspension. The agency adopted the judge's initial decision as its own. State of New Jersey 183 N.J.H.F.A.v. Canino, et ai. Robert O. Meyer and Gary R. Backinoff, Deputy Attorneys Gen- eral, for petitioner (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Warren J. Kaps, Esq., for respondent (Kaps & Stern, attorneys) Initial Decision
Rule(s) Cited: 5:80-4.1 5:80-4.2(a)(2) 5:80-4.4 
Citation Tracker adopted-N.J. Housing Finance Agency; modified-App. Div., A-5065-82 (4/6/84); certification denied-97 N.J. 621 (1984) [Updated through 1991]