reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27G-42 - Registered Professional Guardian Fund.

52:27G-42 Registered Professional Guardian Fund.
15. a. There is established in the Department of Human Services a special non-lapsing fund to be known as the Registered Professional Guardian Fund, which shall be a dedicated fund to serve as a depository for monies collected from the estate of an incapacitated adult pursuant to this section. The fund shall be administered by the Office of the Public Guardian for Elderly Adults, and all interest on monies in the fund shall be credited to the fund. The monies in the fund shall be made available to the Office of the Public Guardian for Elderly Adults to be used exclusively for the implementation of this act.
b. Sixty days after receiving plenary letters of guardianship or letters of guardianship of property, a guardian appointed by the Superior Court of New Jersey, with the exception of the appointment of the public guardian pursuant to P.L.1985, c.298 (C.52:27G-20 et seq.), a guardian for a veteran pursuant to N.J.S.3B:13-1 et seq. and guardianship services provided by the Bureau of Guardianship Services in the Division of Developmental Disabilities in the Department of Human Services pursuant to P.L.1965, c.59 (C.30:4-165.1 et seq.), shall pay out of the estate of the incapacitated adult a fee of $150 to the Office of the Public Guardian for Elderly Adults for deposit into the fund, except that no such charge shall be made to an incapacitated adult's estate for an incapacitated adult whose income is less than 150% of the federal poverty level and whose assets are less than $50,000.
c. If the guardian seeks an exemption from the fee based on the ward's income or assets, as set forth in subsection b. of this section, the guardian shall make an application to the Office of the Public Guardian for Elderly Adults on forms adopted by that office.
d. If a guardian who is obligated to pay an assessment imposed pursuant to subsection b. of this section fails to pay the assessment, upon application by the Office of the Public Guardian for Elderly Adults, the court shall afford the guardian notice and an opportunity to be heard on the issue of default. Failure to make the assessed payment when due shall be considered a default. The standard of proof shall be by a preponderance of the evidence, and the burden of establishing good cause for a default shall be on the guardian who has defaulted. If the court finds that the guardian has defaulted without good cause, the court may:
(1) compel the guardian of the estate to account and ascertain the financial condition of the incapacitated adult's estate;
(2) remove the guardian;
(3) enter judgment against the guardian of the estate for the amount of the assessment; or
(4) take such other action as may be permitted by law.
L.2005, c.37, s.15; amended 2012, c.17, s.429.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27G-43 - Rules, regulations, Rules of Court.

52:27G-43 Rules, regulations, Rules of Court.
16. a. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt rules and regulations necessary for the implementation of this act.
b. The Supreme Court may adopt Rules of Court for the implementation of this act.
L.2005, c.37, s.16; amended 2012, c.17, s.430.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-3 - Definitions

52:27H-3. Definitions
As used in this act:
a. "Commissioner" means the Commissioner of the Department of Commerce, Energy and Economic Development.
b. "Department" means the Department of Commerce, Energy and Economic Development established by this act.
L.1981,c.122,s.3; 1987,c.365,s.2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-4 - Department of Commerce, Energy and Economic Development

52:27H-4. Department of Commerce, Energy and Economic Development
There is established in the Executive Branch of the State Government a principal department which shall be known as the Department of Commerce, Energy and Economic Development.
L. 1981,c.122,s.4; amended 1987,c.365,s.3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-5 - Commissioner

52:27H-5. Commissioner
The administrator and chief executive officer of the department shall be a commissioner, who shall be known as the Commissioner of Commerce, Energy and Economic Development, and who shall be a person qualified by training and experience to perform the duties of his office. The commissioner shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the commissioner's successor. He shall devote his entire time to the duties of the office and shall receive such salary as shall be provided by law. Any vacancy occurring in the office of the commissioner shall be filled in the same manner as the original appointment.
L.1981,c.122,s.5; amended 1987,c.365,s.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-6 - Duties and powers

52:27H-6. Duties and powers
The commissioner shall:
a. Administer the work of the department;
b. Appoint and remove officers and other personnel employed within the department, subject to the provisions of Title 11 of the Revised Statutes, and other applicable statutes, except as herein otherwise specifically provided;
c. Have authority to organize and maintain an administrative division and to assign to employment therein such secretarial, clerical and other assistants in the department as his office and the internal operations of the department may require in accordance with Title 11 of the Revised Statutes;
d. Perform, exercise and discharge the functions, powers and duties of the department through such divisions as may be established by this act or otherwise by law;
e. Organize the work of the department in such divisions, not inconsistent with the provisions of this act, and in such bureaus and other organizational units as he may determine to be necessary for efficient and effective operation;
f. Adopt, issue and promulgate, in the name of the department, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), such rules and regulations as may be authorized by law;
g. Formulate and adopt rules and regulations for the efficient conduct of the work and general administration of the department, its officers and employees;
h. Institute or cause to be instituted such legal proceedings or processes as may be necessary to properly enforce and give effect to any of his powers or duties;
i. Make an annual report to the Governor and to the Legislature of the department's operations, and render such other reports as the Governor shall from time to time request or as may be required by law;
j. Coordinate the activities of the department, and the several divisions and other agencies therein, in a manner designed to eliminate overlapping and duplicative functions;
k. Integrate within the department, so far as practicable, all staff services of the department and of the several divisions and other agencies therein;
l . Have access to all relevant files and records of other State agencies and require any officer or employee therein to provide such information as he may deem necessary in the performance of the functions of the department;
m. Maintain suitable headquarters for the department and such other quarters as he shall deem necessary to the proper functioning of the department; and
n. Perform such other functions as may be prescribed in this act or by any other law.
L.1981, c. 122, s. 6, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-6.1 - Functions, powers, duties continued and transferred

52:27H-6.1. Functions, powers, duties continued and transferred
All of the functions, powers and duties heretofore exercised by the Department of Energy and the commissioner thereof pursuant to P.L.1980, c. 68; P.L.1981, c. 302 (C. 26:2D-37 et seq.); section 15 of P.L.1971, c. 198 (C. 40A:11-15) as amended by P.L.1981, c. 551; P.L.1983, c. 115 (C. 48:7-16 et seq.); P.L.1983, c. 559 (C. 52:27F-16.1 et seq.); and N.J.S. 18A:18A-42 and N.J.S. 18A:18A-5 as amended by P.L.1984, c. 49 are transferred to and vested in the Department of Commerce, Energy and Economic Development and the commissioner thereof.
L. 1987,c.365,s.13.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-7 - Deputy commissioner; appointment; powers, functions and duties; qualifications

52:27H-7. Deputy commissioner; appointment; powers, functions and duties; qualifications
The commissioner shall appoint a deputy commissioner, who shall be designated to perform all of the powers, functions and duties of the commissioner during the absence or disability of the commissioner, and who shall perform such other duties as are assigned by the commissioner. Such appointment shall be subject to the approval of the Governor and shall be filed with the Secretary of State. The deputy commissioner shall be a person qualified by training and experience to perform the duties of the office.
L.1981, c. 122, s. 7, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-8 - Responsibility for support and development of business and industry, and research, statistics and business information service

52:27H-8. Responsibility for support and development of business and industry, and research, statistics and business information service
The department and the commissioner, through the councils, divisions, offices and bureaus shall be responsible for the activities of the State Government in the support and development of business and industry through aid, promotion and advertising of resort facilities, convention bureaus, domestic and foreign commerce and business and industrial growth and related programs. It shall also be responsible for research and statistics in the fields of commerce and industry and maintenance of a business information service.
L.1981, c. 122, s. 8, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-9 - Economic development council; transfer to department; members; continuance in office; duties; advisory committees

52:27H-9. Economic development council; transfer to department; members; continuance in office; duties; advisory committees
The Economic Development Council created by P.L.1965, c. 21 (C. 13:1B-15.75 et seq.), shall be transferred to the department. The chairperson and other members of the Economic Development Council in office on the effective date of this act shall continue in office respectively as members of the council for the duration of the terms for which they were appointed. The council shall provide advice to the commissioner and assist the commissioner in the recommendation of comprehensive policies for the implementation of the functions, powers and duties assigned to the department for the promotion of a healthy business and industrial climate in New Jersey. The council shall consult with and advise the commissioner with respect to the work of the department, hold hearings with respect thereto and report to the commissioner annually, and at such other times as it deems to be in the public interest, with respect to its findings, conclusions and recommendations. The council may, in its discretion, create advisory committees.
L.1981, c. 122, s. 9, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-10 - Division of economic development in department of labor and industry; abolishment; transfer of employees to division of economic development in department

52:27H-10. Division of economic development in department of labor and industry; abolishment; transfer of employees to division of economic development in department
The Division of Economic Development in the Department of Labor and Industry established pursuant to P.L.1965, c. 21 (C. 13:1B-15.75 et seq.) is abolished and the employees of this division as it was originally constituted are transferred, pursuant to the "State Agency Transfer Act" , P.L.1971, c. 375 (C. 52:14D-1 et seq.) to the new Division of Economic Development in the Department of Commerce and Economic Development established pursuant to this act.
L.1981, c. 122, s. 10, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-12 - New Jersey economic development authority in department of labor and industry with its functions, powers and duties to department

52:27H-12. New Jersey economic development authority in department of labor and industry with its functions, powers and duties to department
The New Jersey Economic Development Authority in the Department of Labor and Industry, established pursuant to P.L.1974, c. 80 (C. 34:1B-1 et seq.), together with all its functions, powers, and duties, is continued and transferred to the Department of Commerce and Economic Development. This shall not affect the terms of office of the present members of the authority.
L.1981, c. 122, s. 12, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-13 - South Jersey Port Corporation; continuance and transfer from department of labor and industry to department

52:27H-13. South Jersey Port Corporation; continuance and transfer from department of labor and industry to department
The South Jersey Port Corporation in the Department of Labor and Industry, established pursuant to P.L.1968, c. 60 (C. 12:11A-1 et seq.), together with all its functions, powers and duties, is continued and transferred to the Department of Commerce and Economic Development. This shall not affect the terms of office of the present members of the corporation. The members of the corporation shall continue to be appointed as provided by existing law.
L.1981, c. 122, s. 14, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-14 - New Jersey motion picture and television development commission in department of labor and industry; continuance and transfer to department

52:27H-14. New Jersey motion picture and television development commission in department of labor and industry; continuance and transfer to department
The New Jersey Motion Picture and Television Development Commission in the Department of Labor and Industry, established pursuant to P.L.1977, c. 44 (C. 34:1B-22 et seq.), together with all its powers, functions and duties, is continued and transferred to the Department of Commerce and Economic Development. This act shall not affect the terms of office of the present members of the commission. The members of the commission shall continue to be appointed as provided by existing law, except that the Commissioner of Commerce and Economic Development shall also serve as an ex officio member of the commission.
L.1981, c. 122, s. 15, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-15 - Division of travel and tourism in department of labor and industry; continuance and transfer to department

52:27H-15. Division of travel and tourism in department of labor and industry; continuance and transfer to department
The Division of Travel and Tourism in the Department of Labor and Industry, established pursuant to P.L.1977, c. 225 (C. 34:1A-45 et seq.), together with all its powers, functions and duties, is continued and transferred to the Department of Commerce and Economic Development. This act shall not affect the terms of office of the present members of the Tourism Advisory Council in the Division of Travel and Tourism and the members of the commission shall continue to be appointed as provided by existing law.
L.1981, c. 122, s. 16, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-16 - Office for promoting technical innovation in department of labor and industry; continuance and transfer to department

52:27H-16. Office for promoting technical innovation in department of labor and industry; continuance and transfer to department
The Office for Promoting Technical Innovation in the Department of Labor and Industry, established pursuant to P.L.1977, c. 429 (C. 34:1A-64 et seq.), together with all its powers, functions and duties, is continued and transferred to the Department of Commerce and Economic Development. This act shall not affect the terms of office of the present members of the Technical Advisory Board in the Office for Promoting Technical Innovation and the members of the board shall continue to be appointed as provided by existing law.
L.1981, c. 122, s. 17, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-17 - Establishment of office of economic research, division of economic development and division of international trade

52:27H-17. Establishment of office of economic research, division of economic development and division of international trade
There is established in the department an Office of Economic Research, a Division of Economic Development, and a Division of International Trade.
L.1981, c. 122, s. 18, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-18 - Office of economic research; powers and duties; economic development research activity in office of economic research in division of planning and research in department of labor and industry; transfer

52:27H-18. Office of economic research; powers and duties; economic development research activity in office of economic research in division of planning and research in department of labor and industry; transfer
The Office of Economic Research shall:
a. Study trends and developments in the industries of the State and analyze the reasons underlying such trends; study costs and other factors affecting successful operation of businesses within the State; and make recommendations regarding circumstances promoting or hampering business and industrial development;
b. Investigate and study conditions affecting New Jersey business, industry, and commerce, and collect and disseminate information, and engage in technical studies, statistical research, and educational activities necessary or useful in promoting and developing New Jersey business, industry, and commerce, both within and outside the State;
c. Develop an effective business information service both for the direct assistance of industry of the State and for the encouragement of industries outside the State to use business facilities within the State;
d. Serve as a clearinghouse for business and industrial problems of the State;
e. Collect and disseminate information related to population, housing trends and needs and serve as a clearinghouse for the exchange of information on the condition and needs of the housing industry of the State;
f. Provide information to existing and proposed small business ventures relative to organization, financing, regulation and compliance with government regulations;
g. Develop and make available, periodically, indices and other information relating to current business conditions;
h. Make recommendations to the Economic Development Council from time to time, for the remedy or improvement of any conditions, and for the elimination of any restrictions and burdens imposed by law, or otherwise existing, which adversely affect or retard the development and expansion of business and industry.
i. The functions, duties, records, property and personnel of the economic development research activity, now located in the Office of Economic Research in the Division of Planning and Research in the Department of Labor and Industry, are transferred to the Office of Economic Research in the Department of Commerce and Economic Development.
L.1981, c. 122, s. 19, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-19 - Office of economic research; director; qualifications; appointment; terms; duties

52:27H-19. Office of economic research; director; qualifications; appointment; terms; duties
The Office of Economic Research shall be under the immediate supervision of a director, who shall be a person qualified by training and experience to direct the work of such division. The director of such division shall be appointed by the commissioner and shall serve at the pleasure of the commissioner.
The director shall administer the work of such division under the direction and supervision of the commissioner, and shall perform such other functions of the department as the commissioner may prescribe.
L.1981, c. 122, s. 20, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-20 - Division of Economic Development; powers and duties

52:27H-20. Division of Economic Development; powers and duties
21. The Division of Economic Development shall:
a. Promote and encourage the location and development of new business, industry, and commerce in the State as well as the maintenance and expansion of existing business, industry, and commerce;
b. Promote and encourage the expansion and development of markets for products and services of New Jersey businesses and industries. In promoting and encouraging the expansion and development of those markets, the division shall place a priority on using any business directories developed pursuant to section 4 of P.L.1995, c.210 (C.34:1B-104) to stimulate the purchase of goods and services produced by New Jersey businesses and industries and shall, to the extent feasible, seek to coordinate the "New Jersey Purchase First Program" established pursuant to section 3 of P.L.1995, c.210 (C.34:1B-103) with partnership campaigns which are privately funded or otherwise supported to promote the purchase of goods and services produced in the State;
c. Conduct or encourage research designed to further new and more extensive uses of the resources of the State, and designed to develop new products and industrial processes;
d. Cooperate with business service organizations, utility companies, railroads, financial institutions and similar groups and agencies actively engaged in economic development within the State and plan its program of work to supplement and support the programs of such voluntary private organizations and agencies;
e. Advise and cooperate with municipal, county, regional and other local agencies and officers within the State, to provide guidance and assistance, when requested, in their efforts toward economic development of their respective areas, and to assist them to make an effective selection of economic promotional activities best suited to their potentialities and needs;
f. Cooperate with other State and interstate agencies engaged in formulating and promoting the adoption of interstate compacts and agreements helpful to business, industry and commerce; and
g. Investigate, study, and undertake ways and means of promoting or encouraging the prosperous development and protection of the legitimate interests and welfare of New Jersey business and industry within and outside the State.
L.1981,c.122,s.21; amended 1995,c.210,s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-20.1 - Division of Energy Planning and Conservation

52:27H-20.1. Division of Energy Planning and Conservation
a. The Division of Energy Planning and Conservation in the Department of Energy, together with all its functions, powers and duties, except as herein otherwise provided, is continued and this division is transferred to and constituted the Division of Energy Planning and Conservation in the Department of Commerce, Energy and Economic Development.
b. The Division of Energy Planning and Conservation shall be under the immediate supervision of a director who shall be appointed by the Commissioner of Commerce, Energy and Economic Development and shall serve at the pleasure of the commissioner.
The director shall administer the work of the division under the direction and supervision of the commissioner and shall perform such other functions of the department as the commissioner may prescribe.
c. The commissioner shall organize the work of the Division of Energy Planning and Conservation and establish therein such administrative subdivisions as he may deem necessary, proper and expedient.
d. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Division of Energy Planning and Conservation in the Department of Energy, the same shall mean and refer to the Division of Energy Planning and Conservation in the Department of Commerce, Energy and Economic Development.
L. 1987,c.365, s.7.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-20.2 - Advisory Council on Energy Planning and Conservation

52:27H-20.2. Advisory Council on Energy Planning and Conservation
a. The Advisory Council on Energy Planning and Conservation in the Division of Energy Planning and Conservation in the Department of Energy, together with all its functions, powers and duties, is continued and transferred to and constituted the Advisory Council on Energy Planning and Conservation in the Division of Energy Planning and Conservation in the Department of Commerce, Energy and Economic Development.
b. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Advisory Council on Energy Planning and Conservation in the Department of Energy, the same shall mean and refer to the Advisory Council on Energy Planning and Conservation in the Department of Commerce, Energy and Economic Development.
L. 1987,c.365, s.8.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21 - Division of economic development; director; qualifications; appointment; term; duties

52:27H-21. Division of economic development; director; qualifications; appointment; term; duties
The Division of Economic Development shall be under the immediate supervision of a director, who, prior to his appointment, shall be qualified by responsible work in economic development activities or its equivalent in training and experience. The director of such division shall be appointed by the commissioner and shall serve at the pleasure of the commissioner.
The director shall administer the work of such division under the direction and supervision of the commissioner, and shall perform such other functions of the department as the commissioner may prescribe.
L.1981, c. 122, s. 22, eff. April 16, 1981.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.7 - Findings, declarations

52:27H-21.7. Findings, declarations
The Legislature finds and declares:
a. That small businesses play a major role in the economy of this State; and
b. That small businesses, and businesses owned by minorities and women in particular, are often in need of financial and technical assistance which may be unavailable to them through traditional sources; and
c. That it is the public policy of this State to provide a source of technical assistance and financial assistance in order to encourage the establishment and the growth of small businesses and businesses owned by minorities and women; and
d. That, in the interest of efficiency, the services now provided by the State to these businesses should be combined into a single division within the Department of Commerce and Economic Development; and
e. That it is the intention of this Legislature that the division, in concert with the New Jersey Development Authority for Small Businesses, Minorities and Women's Enterprises created pursuant to the provisions of P.L. 1985, c. 386 (C. 34:1B-47 et seq.), provide a full range of financial and technical assistance to small businesses and businesses owned by minorities and women in order to ensure their success and their growth.
L. 1987, c. 55, s. 1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.8 - Definitions

52:27H-21.8. Definitions
For the purposes of this act:
a. "Authority" means the New Jersey Development Authority for Small Businesses, Minorities and Women's Enterprises established pursuant to the provisions of P.L. 1985, c. 386 (C. 34:1B-47 et seq.);
b. "Commissioner" means the Commissioner of the Department of Commerce and Economic Development;
c. "Division" means the Division of Development for Small Businesses and Women's and Minority Businesses;
d. "Eligible business" means a small business or a minority or women's business certified by the division and determined to be eligible to receive assistance and to participate in programs according to the standards established pursuant to this act;
e. "Minority" means a person who is:
(1) Black, which is a person having origins in any of the black racial groups in Africa;
(2) Hispanic, which is a person of Spanish or Portuguese culture, with origins in Mexico, South or Central America, or the Caribbean islands, regardless of race;
(3) Asian American, which is a person having origins in any of the original people of the Far East, Southeast Asia, the Indian Subcontinent, Hawaii, or the Pacific Islands; or
(4) American Indian or Alaskan native, which is a person having origins in any of the original peoples of North America;
f. "Minority business" means a business which is:
(1) A sole proprietorship, owned and controlled by a minority;
(2) A partnership or joint venture owned and controlled by minorities in which at least 51% of the ownership interest is held by minorities and whose management and daily business operations are controlled by one or more of the minorities who own it; or
(3) A corporation or other entity the management and daily business operations of which are controlled by one or more minorities who own it, and which is at least 51% owned by one or more minorities, or, if stock is issued, at least 51% of the stock of which is owned by one or more minorities;
g. "Small business" means a sole proprietorship, partnership or corporation which is a size and type defined by the commissioner;
h. "Women's business" means a business which is:
(1) A sole proprietorship owned and controlled by a woman; or
(2) A partnership or joint venture owned and controlled by women in which at least 51% of the ownership is held by women; or
(3) A corporation or other entity the management and daily business operations of which are controlled by one or more women who own it, and which is at least 51% owned by women, or, if stock is issued, at least 51% of the stock of which is owned by one or more women.
L. 1987, c. 55, s. 2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.9 - Division of Development for Small Businesses and Women's and Minority Businesses

52:27H-21.9. Division of Development for Small Businesses and Women's and Minority Businesses
There is established within the Department of Commerce and Economic Development a Division of Development for Small Businesses and Women's and Minority Businesses. The administrative head of the division shall be a division director, who shall be appointed by the commissioner and who shall serve at the pleasure of the commissioner during the commissioner's term of office and until a successor is appointed and qualified. Any vacancy occurring in the office of division director shall be filled in the same manner as the original appointment. The position of division director shall be a full-time position and the salary shall be as provided by law. The division director may employ professional, technical, research and clerical staff as necessary within the limits of available appropriations. The provisions of Title 11 (Civil Service) of the Revised Statutes shall be construed to extend to all those personnel.
L. 1987, c. 55, s. 3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.12 - Fees

52:27H-21.12. Fees
The division may charge any fees to eligible businesses as are reasonable and necessary for the provision of technical or other assistance under this act. The division may contract with any person to provide technical or other assistance to eligible businesses on a discounted fee basis or otherwise, or it may provide these services directly.
L. 1987, c. 55, s. 6.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.13 - Advertising, promotional campaigns

52:27H-21.13. Advertising, promotional campaigns
The division shall conduct advertising and promotional campaigns to increase awareness of the services provided by the division to eligible businesses and shall prepare, compile, and disseminate research and other information useful to eligible businesses. The division shall sponsor seminars and programs directed toward eligible businesses to provide information which is useful to persons seeking practical information on business management, marketing, and other matters, and shall compile lists of qualified professionals in specific areas of expertise, which shall be disseminated to eligible businesses or used by the division in making referrals.
L. 1987, c. 55, s. 7.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.14 - Assistance

52:27H-21.14. Assistance
The division may, in order to carry out the purpose of this act, request from any department, division, board, bureau, commission or other agency of the State or from any public corporation or district, and the same are authorized to provide, any assistance, services and data as will enable the division properly to carry out its functions, powers, and duties hereunder.
L. 1987, c. 55, s. 8.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.14a - Toll-free telephone information line providing assistance to small businesses

52:27H-21.14a. Toll-free telephone information line providing assistance to small businesses
1. a. The Division of Development for Small Businesses and Women's and Minority Businesses in the Department of Commerce and Economic Development , in consultation with the New Jersey small business development centers, shall establish a toll-free telephone information line which shall be readily accessible to the public and shall provide information regarding entrepreneurial or business assistance programs available to small businesses, including sources of financing for training, micro-loans and venture capital, from the following entities:
(1) The Department of Commerce and Economic Development;
(2) The New Jersey Economic Development Authority;
(3) The Department of Labor;
(4) The New Jersey small business development centers; and
(5) Private organizations, individuals or corporations that provide technical assistance and services to small businesses in this State.
b. The telephone information line shall provide information regarding the nature of the assistance and benefits available from the programs provided by the entities set forth in subsection a. of this section, and shall provide information on how to access and apply for these programs.
c. To pay for the assistance provided to small businesses pursuant to this act the division shall make use of any available State or federal funding and shall solicit contributions from any private business organizations, individuals or corporations that provide technical assistance or services to small businesses.
d. The division may assess a fee, to be determined by the division, upon any private business organization, individual or corporation that wishes to have information regarding its small business assistance programs available through the telephone information line. The fee shall not exceed the cost of providing the information regarding the business organization, individual or corporation to the public through the telephone information line. The fees collected pursuant to this subsection shall be used to pay for the services provided pursuant to this act.
L.1996,c.37,s.1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.16 - Functions transferred

52:27H-21.16. Functions transferred
The functions of the Office of Small Business Assistance and the Office of Minority Business Enterprises are transferred to the Division of Development for Small Businesses and Women's and Minority Businesses and the provisions of the "State Agency Transfer Act," P.L. 1971, c. 375 (C. 52:14D-1 et seq.) shall apply to the transfer.
P.L. 1987,c.55,s.10.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.17 - Findings, declarations

52:27H-21.17. Findings, declarations
The Legislature finds and declares that:
a. Historically, businesses owned by minorities and women have been small establishments offering products and services and their participation in the nation's business community has been disproportionate to their numbers in society as a whole.
b. The opportunity for full participation in our free enterprise system by minorities and women is essential if social and economic justice for them is to be attained, and the functioning of our economy improved.
c. The role of government at the national, State and local levels in encouraging the development of businesses owned by minorities and women has been recognized and is developing at a rapid pace, with technical and financial assistance, contract procurement, contract set-asides and other programs designed to encourage development.
d. As a result, each year entrepreneurs in New Jersey spend an average of $5,000.00 to demonstrate that they qualify for these programs designed to foster the growth and development of their businesses, so that the public agencies administering the programs can be certain that the businesses which benefit are bona fide minority or women's businesses.
e. A unified procedure for the certification of businesses owned by minorities and women, administered by the State, for the purpose of certifying the eligibility of the businesses for various State programs will eliminate duplication of effort and improve efficiency, thereby increasing productivity and reducing costs in the public and the private sectors.
L. 1986, c. 195, s. 1, eff. Dec. 23, 1986.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.19 - Certification by division

52:27H-21.19. Certification by division
Notwithstanding the provisions of any law, rule or regulation to the contrary, the division shall have the exclusive authority within State government to certify to public agencies the eligibility of a business to bid on contracts as a "minority business" or "women's business" under any program conducted by the public agency for which such certification is so required. That certification by the division shall be binding on the public agency.
L. 1986, c. 195, s. 3, eff. Dec. 23, 1986.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.20 - Procedure for certification

52:27H-21.20. Procedure for certification
The division shall establish a unified procedure for the certification of a business as a minority business or women's business, for the purpose of establishing eligibility to bid on public contracts.
In establishing and administering the procedure required by this section, the director shall insure that the application and certification process is clear, concise, and, to the extent practicable, does not require duplication of effort on the part of the applicant or the division or the public agency administering the program. In furtherance of these objectives, the director shall:
a. Establish criteria to be used to determine the status of a business as a minority business or women's business, as defined by section 2 of this act, which criteria, to the extent not inconsistent with this act, shall conform to federal law or regulations and criteria used by the division;
b. Provide a single form for application for certification, which form shall be written in a simple, clear, understandable and easily readable way, and include instructions as to the certification procedure and any additional documents or information required to be separately supplied by the applicant for a particular program;
c. Have the authority to require the payment of a single fee, to be established by the director, to compensate the division for its cost in administering the certification process;
d. Screen applicants to insure that businesses seeking certification are not misrepresenting their status as minority businesses or women's businesses, as the case may be, and that the minority or women's business applicants are, in fact, in the control of members of minority groups or women, and are not merely "fronts" for businesses controlled by persons other than minorities or women;
e. Monitor the status of certified businesses to insure continued compliance with the criteria for certification and control by the appropriate persons;
f. Compile, maintain and make available to the public agencies lists of businesses certified as minority businesses or women's businesses; and
g. Provide for dissemination of information to interested parties, and the public at large, concerning the certification of businesses as minority businesses or women's businesses, as required by this act.
L. 1986, c. 195, s. 4, eff. Dec. 23, 1986.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.21 - Precedence to federal certification procedure

52:27H-21.21. Precedence to federal certification procedure
When the division's procedure for certification of a business as a minority business or women's business conflicts with a federal certification procedure that affects a State project in which the federal government participates, the federal certification procedure shall take precedence. Public agencies shall identify those projects and shall notify the division.
L. 1986, c. 195, s. 5, eff. Dec. 23, 1986.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.22 - Determining eligibility.

52:27H-21.22 Determining eligibility.
6. The director may require of a first-time applicant for certification as a minority business or women's business the documentation that is necessary to determine the applicant's eligibility for certification. Such documentation may include, but not be limited to:
a. Names and addresses of the owner, partners or shareholders, as applicable, and their representative shares of ownership;
b. Names and addresses of members of the board of directors, in the case of corporations;
c. Names and addresses of the officers of the business;
d. Number of shares of stock issued and outstanding, in the case of a corporation;
e. Articles of incorporation, bylaws, partnership agreements, or joint venture agreements, as applicable;
f. Organizational charts;
g. An applicant's certificate of birth and motor vehicle driver's license; and
h. An affidavit certifying that the applicant is a minority business or women's business, as defined pursuant to section 2 of P.L.1986, c.195 (C.52:27H-21.18).
The director shall not require an applicant to provide any personal federal or personal State income tax returns.
L.1986,c.195,s.6; amended 2003, c.189, s.3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.22a - Application for recertification for first-time applicant.

52:27H-21.22a Application for recertification for first-time applicant.
4. The director shall require a first-time applicant to apply for recertification as a minority business or women's business one year after the original certification was issued. The director may require of the applicant the documentation that is necessary to determine the applicant's eligibility for recertification, including but not limited to:
a. Names and addresses of the owner, partners or shareholders, as applicable, and their representative shares of ownership;
b. Names and addresses of members of the board of directors, in the case of corporations;
c. Names and addresses of the officers of the business;
d. Names and addresses of capital investors;
e. Number of shares of stock issued and outstanding, in the case of a corporation;
f. Articles of incorporation, bylaws, partnership agreements, or joint venture agreements, as applicable;
g. The capacity of the business to be bonded;
h. The affiliation of the business or any of its owners, officers or directors with any other business entity;
i. A representative list of prior and current clients;
j. Major real and personal property holdings of the business;
k. Financial statements and balance sheets;
l. Banking institutions with which the business is affiliated; and
m. Organizational charts;
n. An applicant's certificate of birth and motor vehicle driver's license;
o. Personal or corporate federal or State income tax returns;
p. An affidavit certifying that the applicant is a minority business or women's business, as defined in section 2 of P.L.1986, c.195 (C.52:27H-21.18); and
q. Any other information the director deems necessary to effectuate the purposes of this act.
L.2003,c.189,c.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27H-21.22b - Application for recertification every five years; required.

52:27H-21.22b Application for recertification every five years; required.
5. After a minority business or women's business has been recertified after first receiving initial certification, the director shall require the certified minority business or certified women's business to apply for recertification every five years. The director may require of the applicant the documentation that is necessary to determine the applicant's eligibility for recertification, including but not limited to:
a. Names and addresses of the owner, partners or shareholders, as applicable, and their representative shares of ownership;
b. Names and addresses of members of the board of directors, in the case of corporations;
c. Names and addresses of the officers of the business;
d. Names and addresses of capital investors;
e. Number of shares of stock issued and outstanding, in the case of a corporation;
f. Articles of incorporation, bylaws, partnership agreements, or joint venture agreements, as applicable;
g. The capacity of the business to be bonded;
h. The affiliation of the business or any of its owners, officers or directors with any other business entity;
i. A representative list of prior and current clients;
j. Major real and personal property holdings of the business;
k. Financial statements and balance sheets;
l. Banking institutions with which the business is affiliated; and
m. Organizational charts;
n. An applicant's certificate of birth and motor vehicle driver's license;
o. Personal or corporate federal or State income tax returns;
p. An affidavit certifying that the applicant is a minority business or women's business, as defined in section 2 of P.L.1986, c.195 (C.52:27H-21.18); and
q. Any other information the director deems necessary to effectuate the purposes of this act.
L.2003,c.189,c.5.