4. a. Each contractor or sponsor as defined herein, who is registered under P.L.1999, c.238 (C. 34:11-56.48 et seq.) to bid on and perform public work shall be under a continuing obligation between registration certificate renewal cycles to ensure compliance with the requirements of section 5 of P.L.1999, c.238 (C. 34:11-56.52).

b. When between registration certificate renewal cycles it is determined by the department that a contractor has failed to comply with the requirements of section 5 of P.L.1999, c.238 (C. 34:11-56.52), provided it is also determined by the department that the failure to comply with section 5 of P.L.1999, c.238 (C. 34:11-56.52) existed at the time of the contractor’s most recent certificate of registration application, whether that application was for contractor registration renewal or initial approval, the department shall consider the resulting failure of the contractor to accurately complete its registration application to have been the making or causing to be made of a false, deceptive or fraudulent statement on the public works contractor registration form, which pursuant to paragraph (7) of subsection a. of section 9 of P.L.1999, c.238 (C. 34:11-56.56), constitutes grounds for revocation of the contractor’s certificate of registration.

c. When between registration certificate renewal cycles it is determined by the department that a contractor has failed to comply with section 5 of P.L.1999, c.238 (C. 34:11-56.52), but where it is also determined by the department that the failure to comply with section 5 of P.L.1999, c.238 (C. 34:11-56.52) did not exist at the time of the contractor’s most recent certificate of registration application, whether that application was for contractor registration renewal or initial approval, the department shall suspend the contractor’s certificate of registration pursuant to this section either until the contractor establishes compliance with section 5 of P.L.1999, c.238 (C. 34:11-56.52) or until the beginning of the next registration certificate renewal cycle, whichever occurs first.

d. When a contractor has had its registration certificate either revoked or suspended under subsections b. or c. of this section, for failure between registration certificate renewal cycles to comply with section 5 of P.L.1999, c.238 (C. 34:11-56.52), that registration certificate revocation or suspension shall be taken into consideration by the department as a prior offense when determining whether to grant any subsequent certificate of registration application.

L.2021, c.423, s.4.