reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 103 - ADMINISTRATION OF THE MAIN STREET NEW JERSEY PROGRAM › Subchapter 3 - DESIGNATED MSNJ DISTRICTS › Section 5:103-3.2 - Designated MSNJ district requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The MSNJ
				district management organization shall, in accordance with the Letter of agreement:
1. Maintain status as an independent, recognized
				501(c)(3), (c)(4), or (c)(6) with the primary mission of revitalizing a commercial
				district with at least one representative of the municipal governing body or staff
				serving on the board of directors;
2.
				Dedicate funding in an annual operating budget, which at a minimum covers the
				following costs:
i. Executive director salary and
				fringe benefits. MSNJ district management organizations in municipalities with a
				population of more than 20,000, according to the most recent Decennial Census, shall
				employ a full-time, paid executive director;
ii. Rent and general office expenses;
iii. Travel to MSNJ meetings and the National Main
				Street Conference; and
iv. Executive
				director professional development;
3. Establish and maintain an active volunteer
				board of directors representing downtown stakeholders to oversee the
				organization;
4. Conduct a program of
				ongoing training for staff and volunteers;
5. Maintain membership in the National Main
				Center's Main Street America(R) program;
6. Submit monthly MSNJ Return on Investment (ROI)
				and Reinvestment Reports on the forms supplied by the MSNJ program;
7. Attend the annual National Main Street NOW
				Conference and the NJ Downtown Institute;
8. Indicate broad-based community support for the
				MSNJ district revitalization process, with strong support from both the public and
				private sectors;
9. Maintain a
				comprehensive downtown revitalization strategy based on the National Main Street
				Center's Main Street Approach(R) and Main Street America(R) structure including:
i. Implementing a variety of activities in the
				areas of organization, promotion, design, and economic vitality;
ii. Developing vision and mission statements
				relevant to community conditions and to the MSNJ district's organizational status;
				and
iii. Developing and implementing a
				comprehensive annual workplan;
10. Create standards that protect historic
				resources and encourage historic preservation as evidenced by:
i. Having or working towards an active design
				assistance program;
ii. Encouraging
				building renovation or rehabilitation consistent with the recommended treatments
				described in the Secretary of the Interior's Standards for Rehabilitation and
				Guidelines for Rehabilitating Historic Buildings; and
iii. Encouraging public awareness of the historic
				properties in the MSNJ district and the importance of their preservation;
11. Develop land use policies that
				encourage development and/or rehabilitation of property in the MSNJ district
				area;
12. Develop financial mechanisms
				and incentives to attract investment to the MSNJ district; and
13. Develop public-private partnerships.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 103 - ADMINISTRATION OF THE MAIN STREET NEW JERSEY PROGRAM › Subchapter 4 - GRANTS › Section 5:103-4.1 - MSNJ awards for physical improvements and operational support

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To the extent that funding is available,
				designated MSNJ district management organizations shall be eligible to apply for
				grant funding for both physical improvements and operational support.
(b) Funding opportunities will be announced to all
				designated MSNJ districts management organizations. Applications for funding will be
				available through the Department's grants application and management
				system.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 103 - ADMINISTRATION OF THE MAIN STREET NEW JERSEY PROGRAM › Subchapter 4 - GRANTS › Section 5:103-4.2 - Scope of project; activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During the first
				year following designation, each MSNJ district management organization will be
				eligible to apply for a start-up grant for operational support. All local program
				activities assisted through this grant shall be in accordance with the
				transformation strategies defined by Main Street New Jersey and the National Main
				Street Center(R).
(b) Designated MSNJ
				district management organizations may also apply for funding for physical
				improvement projects that result in visible and tangible change, foster private and
				public reinvestment, local economic growth, and quality placemaking within the
				district including, but not limited to, the following:
1. Improvement and restoration of mixed-use and
				commercial buildings and storefronts following the minimum standards of the MSNJ
				Design Guidelines for Facades and Storefronts;
2. Improvement and creation of placemaking
				projects in public and publicly accessible spaces meeting or exceeding the MSNJ
				placemaking project criteria; and
3.
				Costs of professional services directly related to implementing the
				project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 103 - ADMINISTRATION OF THE MAIN STREET NEW JERSEY PROGRAM › Subchapter 4 - GRANTS › Section 5:103-4.3 - Funding criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The operational
				grant shall meet the following criteria:
1. The
				grant funding will support the development or refinement of strategic transformation
				strategies for the local MSNJ program as defined by Main Street New Jersey and the
				National Main Street Center(R).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 5:105-1.1 - Purpose, scope, conformance, and construction of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this
				chapter are for the purpose of establishing procedures for the consideration of
				complaints filed pursuant to the Act, and for the benefit of any person seeking to
				utilize the Council as an information resource for understanding the Act and/or the
				functions of the Council.
(b) Any aspect
				of the adjudicatory process for denial of access complaints not covered by this
				chapter shall be governed by the Administrative Procedures Act,
				N.J.S.A. 52:14B-1 et seq.,
				and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. To the extent that
				these rules are inconsistent with the Administrative Procedures Act and Uniform
				Administrative Procedure Rules, the rules in this chapter shall apply.
(c) The rules in this chapter shall be liberally
				construed to permit the Council to discharge its statutory function.
(d) The rules in this chapter shall conform to the
				requirements of the Administrative Procedures Act,
				N.J.S.A. 52:14B-1 et seq.,
				and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, except as otherwise
				provided in this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 5:105-1.4 - Description of the Council

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Council shall
				consist of the Commissioners of the Department of Community Affairs and the
				Department of Education, or their designees, and three members of the public (not
				more than two of which can be of the same political party) appointed by the Governor
				with the advice and consent of the Senate pursuant to
				N.J.S.A.
				47:1A-7.a. The Council is supported by an
				Executive Director, and professional and clerical staff.
(b) Contact information for the Council:
State of New Jersey
Government Records Council
101 South Broad Street
PO Box 819
Trenton, New Jersey 08625-0819
Toll Free: (866) 850-0511
Direct Phone: (609) 292-6830
Fax: (609) 633-6337
Email: Government.Records@dca.nj.gov Website:
www.nj.gov/grc
.
(c) All communications to Council members,
				Executive Director or staff shall be delivered to the contact information listed
				above, or to any such other address that the Council may direct from time to
				time.
(d) The Council's website,
www.nj.gov/grc
, shall contain the Act, the
				Council's public meeting schedule, denial of access complaint forms, Council and
				legal decisions, frequently asked questions and other reference materials that the
				Council deems appropriate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 5:105-1.5 - Powers and duties of the Council

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Council shall
				have the following powers and duties pursuant to
				N.J.S.A.
				47:1A-7.b:
1.
				Adjudicate complaints filed with the Council regarding access to government
				records;
2. Make mediation services
				available free of charge to complainants and custodians;
3. Respond to inquiries about the Act or the
				Council from the public and public agencies; however, neither the Council nor staff
				shall provide legal advice to any member of the public, public agency, party, or
				person;
4. Provide information about the
				Act and services available from the Council;
5. Maintain a toll-free help-line and website to
				assist the public and custodians in obtaining information about the Act, the Council
				and issues and matters regarding access to government records;
6. At the Council's discretion, issue advisory
				opinions on the accessibility of government records;
7. Make training opportunities available to
				custodians, public officers, public employees and officials concerning the
				provisions of the Act; and
8. Prepare
				for custodians lists of the types of records in possession of public agencies, which
				are government records accessible under the Act.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 5:105-1.6 - Records designated confidential

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				records designated as confidential pursuant to the provisions at
				N.J.S.A.
				47:1A-1 et seq., any other law, rule promulgated
				under the authority of any statute or Executive Order of the Governor, resolution of
				both houses of the Legislature, Executive Order of the Governor, Rules of Court, or
				any Federal law, Federal rule, or Federal order, the following records shall not be
				considered government records subject to public access pursuant to
				N.J.S.A.
				47:1A-1 et seq.:
1. Denial of access complaint submissions,
				including, but not limited to, statements of information and sur-replies during the
				pendency of an adjudication by the Council;
2. Mediation communications as defined at
				P.L.
				2004, c. 157 (N.J.S.A.
				2A:23C-4) pertaining to the confidential mediation
				process of any individual denial of access complaint, except for the "Mediation
				Disposition Report"; and
3. Unredacted
				documents provided to the Council for an in camera review.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any requestor who is denied access, in whole
				or in part, to a government record by a custodian, at the option of the requestor,
				may file a complaint with the Council pursuant to
				N.J.S.A.
				47:1A-6. Such filing shall be made within
				60-calendar days or, if the last day of the period is a Saturday, Sunday, or legal
				holiday, within the next business day, pursuant to
				N.J.A.C. 1:1-1.4,
				after the requestor receives a response from the custodian that grants or denies
				access or, if the custodian does not respond within seven business days of the
				request, within 60-calendar days following the expiration of such seven-business-day
				period, whichever is later, unless accompanied by a motion to file within time,
				showing good cause.
(b) The right to
				institute a proceeding before the Council shall solely be the right of the requestor
				pursuant to
				N.J.S.A.
				47:1A-6 of the Act.
(c) The Council will handle complaints in a
				summary or expedited manner pursuant to
				N.J.S.A.
				47:1A-6 of the Act.
(d) Upon receipt of a complaint, the Council will
				first determine whether any portion of the complaint is outside its jurisdiction,
				frivolous, or without factual basis. If the complaint falls within any of said
				categories, the Council shall reduce its determinations to writing and transmit a
				copy thereof to the complainant and to the custodian against whom the complaint was
				filed pursuant to
				N.J.S.A.
				47:1A-7.e.
(e) If the Council concludes that the complaint is
				within its jurisdiction and is neither frivolous nor without factual basis, the
				Council shall proceed with the adjudication process.
(f) At the request of the Council, any party shall
				produce documents and legal certifications to the facts and/or arguments presented
				with respect to matters before the Council pursuant to
				N.J.S.A.
				47:1A-7.c.
(g) Discovery shall be limited to the submissions
				of the parties submitted to the Council.
(h) In response to the complaint before it, the
				Council may raise issues and defenses pertaining to that complaint on a sua sponte
				basis if it deems such action appropriate or necessary and if said action on behalf
				of the Council would be in the interest of furthering the provisions and intent of
				the Act.
(i) The Council shall not
				charge any party a fee in regard to actions filed with or proceedings before the
				Council pursuant to
				N.J.S.A.
				47:1A-7.f.
(j) Council votes adjudicating a complaint shall
				be rendered at open public meetings of the Council. Parties, their representatives,
				or other persons are not permitted to make oral or written presentations to the
				Council regarding the complaint at the meetings unless requested by the Council to
				do so.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.2 - Parties to a complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The complainant and custodian shall always be
				parties to a complaint and, along with their legal representatives, shall be
				notified of all decisions or orders issued by the Council concerning a complaint. If
				a party secures representation following submission of a denial of access complaint,
				the party must notify the Council and all other parties immediately. The
				representatives of any party named in a complaint shall file with the Council a
				letter of representation and a copy of same shall be served upon all parties at the
				same time the Council receives the notification.
(b) At the Executive Director's discretion, the
				Government Records Council may entertain an application for a party to intervene in
				a pending complaint consistent with the following:
1. Upon timely application, any person not
				initially a party who has a statutory right to intervene or who will be
				substantially, specifically, and directly affected by the outcome of a contested
				case may, on motion, seek leave to intervene;
2. Parties must file any objections to the
				movant's application within 10 business days following receipt of the
				application;
3. In ruling upon a motion
				to intervene, the Council shall take into consideration the nature and extent of the
				movant's interest in the outcome of the case, whether the movant's interest is
				sufficiently different from that of any party, so as to add measurably and
				constructively to the scope of the case, the prospect of confusion or undue delay
				arising from the movant's inclusion, and other appropriate matters;
4. The Council will notify the parties of the
				acceptance or rejection of movant's application through an administrative order or
				interim order; and
5. Persons permitted
				to intervene shall have all the rights and obligations of a party to the
				proceeding.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.3 - Complainant document submissions to the Council

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The complainant
				submitting a completed denial of access complaint on the form required pursuant to
				(c) below to the Council and custodian initiates the complaint process.
(b) All submissions must be in writing. The
				Council shall not consider ex parte communications from any party.
(c) Complaints shall be submitted on the Council's
				denial of access complaint form either through U.S. mail, facsimile, email, or
				through the Council's online interface. However, a courtesy copy of complaints
				exceeding 50 pages shall be submitted to the GRC at 101 South Broad Street, PO Box
				819, Trenton, NJ 08625.
(d) Complaint
				forms may be obtained from the Council's staff or downloaded from the Council's
				website (
www.nj.gov/grc
).
(e) The complainant shall include in the complaint
				or the attachments thereto any information, issues, and arguments that the
				complainant wishes to bring to the Council's attention for consideration in the
				adjudication of the complaint. The complaint may also include any attachments,
				affidavits, certifications, or other documentation deemed relevant or supportive of
				the allegations set forth in the complaint.
(f) Upon retention, an attorney representing a
				complainant in a matter before the Council shall submit to the Council a letter of
				representation. Failure to submit this letter will result in the Council considering
				the complainant to be pro se. The Government Records Council will only communicate
				with the complainant until receipt of the letter of representation.
(g) A complainant may amend their complaint as a
				matter of right within 30 business days after the filing of the initial complaint.
				Such amendments must be submitted, in writing, to the Council with copies served
				simultaneously on all parties.
1. Additional
				amendments or supplements to a complaint submitted beyond the 30-business-day
				amendment period shall only be accepted for consideration in the adjudication of a
				complaint when such acceptance is authorized by the Executive Director.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.6 - Council complaint deliberations - no hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Council members
				shall review the findings and recommendations of the Executive Director, as well as
				all party submissions, and vote to modify, reject or accept such findings and
				recommendations during open public meetings.
(b) The Council shall convene in closed session as
				necessary in accordance with the Open Public Meetings Act,
				N.J.S.A.
				10:4-6 to
				10:4-21.
(c) Parties are not permitted to make oral or
				written presentations to the Council regarding complaints at Council meetings unless
				expressly requested to do so by the Council.
(d) The Council will issue its decision to all
				parties, as soon as practicable, following the adjudicatory proceedings. All
				decisions of the Council shall be posted online, as soon as practicable, following
				the adjudicatory proceedings.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.7 - Council complaint deliberations - hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Council is
				unable to make a determination as to the accessibility of a record based upon the
				complaint and the custodian's response thereto, the Council may conduct a hearing,
				pursuant to 47:1A-7.e, and in conformity with the
				rules provided for administrative hearings by a public agency in contested cases
				pursuant to the Administrative Procedures Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedures Rules, N.J.A.C. 1:1, insofar as they may be applicable and
				practicable.
(b) The following concern
				the filing of additional documentation or arguments:
1. The Council reserves the right not to consider
				documentation submitted by a complainant or custodian unless it has been submitted
				to the Council and the other parties named in the complaint not later than 10
				business days in advance of the scheduled hearing.
2. A written statement by the party shall
				accompany each such submission explaining the relevance of such
				submission.
3. Parties filing
				submissions must provide copies to all parties to the complaint and provide proof of
				service to the Council simultaneously therewith.
4. The Council will not accept any submissions at
				the hearing that have not been provided to all parties pursuant to these rules,
				unless the Chairperson authorizes said submissions.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.8 - In camera inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Council may, at its discretion, issue an
				administrative order or interim order for in camera inspection of the documents that
				are the subject of a denial of access complaint. Both parties will be notified that
				an in camera inspection has been ordered through an administrative order or interim
				order.
(b) Notice of inspection: The
				Council shall provide the custodian with advance written notice of the in camera
				inspection. The notice shall include, in addition to such other information as may
				be deemed relevant:
1. The documents requested to
				be inspected; and
2. The manner in which
				the documents are to be presented to the Council for inspection.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.9 - Decisions of the Council

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Council shall issue the following types of
				decisions:
1. Administrative orders;
2. Interim orders;
3. Final decisions;
4. Revised interim or final decisions;
				and
5. Administrative complaint
				dispositions.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.10 - Relief from Council decisions - reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Council,
				at its own discretion, may reconsider any decision it renders.
(b) Requests for reconsideration shall be filed
				within 10 business days following receipt of a Council decision, except that
				requests for reconsideration that are based on the discovery of new evidence must be
				submitted no later than 30 business days following receipt of a Council decision and
				within 10 business days of when the requestor discovered the new evidence. A request
				for reconsideration based on the discovery of new evidence shall be supported by an
				affidavit showing with particularity the materiality and necessity of the additional
				evidence and the reason why such evidence was not presented previously. For purposes
				of this subsection, "new evidence" is defined as evidence that could not have been
				provided prior to the Council's decision because the evidence did not exist or was
				unknown to the party at that time.
(c)
				Parties may request reconsideration based on the following reasons: change in
				circumstances, extraordinary circumstances, fraud, illegality, mistake, and new
				evidence. Mistake in this instance means a mistake by the Government Records
				Council.
(d) Requests shall be
				submitted, in writing, on the most recent version of Council's designated form,
				delivered to the Council, and served on all parties. Request for reconsideration
				forms will be provided by Council's staff or may be downloaded from the GRC website
				(
www.nj.gov/grc
). A courtesy copy of a request
				for reconsideration exceeding 50 pages shall be submitted to the GRC at 101 South
				Broad Street, PO Box 819, Trenton, NJ 08625.
(e) Parties must file any objection to the request
				for reconsideration within 10 business days following receipt of the request
				submitted, in accordance with
				N.J.A.C.
				5:105-2.6(d).
(f) Sur-replies beyond a party's objections to a
				request for reconsideration are not permitted.
(g) The Council will provide all parties with
				written notification of its determination regarding the request for
				reconsideration.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.11 - Relief from Council decisions - appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An administrative
				order or final decision of the Council may be appealed to the Appellate Division of
				the Superior Court within 45 calendar days from the date the decision is issued to
				the parties in accordance with New Jersey Rules Governing the Courts.
(b) The Council's administrative order, interim
				order, or final decision shall remain in full force and effect, unless, and until, a
				party files a request for a stay pending an appeal. Such request shall be filed with
				the Council prior to filing an appeal.
(c) A request for a stay is not required when a
				prevailing party complainant appeals a final decision only with regard to the amount
				of attorney's fees awarded.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.12 - Stays of Council's administrative orders, interim orders, and final decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests
				for a stay of a final decision must be in writing, delivered to the Council and
				simultaneously served upon all parties.
(b) Parties must file any objection to the request
				for a stay from a final decision within 10 business days following receipt of the
				request.
(c) The Executive Director may
				grant a stay from a final decision based on consideration of the request and any
				objection to the request submitted to the Council.
(d) Requests for a stay of the effective date of a
				Council administrative order or interim order must be made prior to the last day by
				which action was to have been taken in accordance with the Council's decision.
				Appeals of administrative orders and interim orders may be made to the Appellate
				Division of New Jersey Superior Court, in accordance with N.J. Court Rule 2:5-6 .
1. Requests must be in writing, delivered to the
				Council and simultaneously served upon all parties.
2. Parties must file any objection to the request
				for a stay from an administrative order or interim order within 10 business days
				following receipt of the request.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.13 - Prevailing party attorney's fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Reasonable
				attorney's fees shall be awarded when the complainant has achieved the desired
				result because the complaint brought about a change, voluntary or otherwise, in the
				custodian's conduct and a factual causal nexus exists between the complainant's
				filing of a Denial of Access Complaint and the relief ultimately achieved.
(b) If the Council decides that a complainant is a
				prevailing party entitled to an award of reasonable attorney's fees, the parties
				shall be given 20 business days to confer on the award amount. The parties shall
				promptly notify the Council, in writing, if a fee agreement is reached. If the
				parties cannot agree on the amount of attorney's fees, the complainant, or their
				attorney, shall submit a fee application to the Council, in accordance with (c)
				below.
(c) The complainant, or their
				attorney, shall submit an application to the Council for an award of attorney's fees
				within 20 business days following the expiration of the conference period at (b)
				above, or a voluntary settlement agreement. The application must include a
				certification from the attorney(s) representing the complainant that includes:
1. The Council's complaint reference name and
				number;
2. Law firm
				affiliation;
3. A statement of client
				representation;
4. The hourly rates of
				all attorneys and support staff involved in the complaint;
5. Copies of weekly time sheets for each
				professional involved in the complaint, which includes detailed descriptions of all
				activities attributable to the project in 0.1 hour (six-minute)
				increments;
6. Evidence that the rates
				charged are in accordance with prevailing market rates in the relevant community.
				Such evidence shall include:
i. Years of related
				or similar experience;
ii. Skill level;
				and
iii. Reputation; and
7. A detailed listing of any expense
				reimbursements with supporting documentation for such costs.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.14 - Knowing and willful violations of the Act; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Public officials,
				officers, employees or custodians who knowingly and willfully violate the Act and
				are found to have unreasonably denied access under the totality of the circumstances
				shall be subject to a civil penalty pursuant to
				N.J.S.A.
				47:1A-11.
(b) Penalty amounts are as follows:
1. $ 1,000 for initial violation;
2. $ 2,500 for a second violation that occurs
				within ten (10) years of an initial violation; and
3. $ 5,000 for a third violation that occurs
				within ten (10) years of an initial violation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 3 - INQUIRIES › Section 5:105-3.1 - Inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may
				telephone or write the Council with a request for information regarding the Act and
				Council procedures. All written communications to the Council shall be dated, state
				the name of the sender, the street and/or P.O. Box address of the sender, and the
				facsimile number or e-mail address to which replies shall be sent.
(b) The Council, where possible, will direct
				inquirers to available resources such as Council decisions, court decisions, Act
				citations, publications available through the Council, etc., that might assist
				inquirers.
(c) Guidance offered during
				the inquiry process is based solely on the facts provided and shall not constitute
				final decisions of the Council, is not legal advice and shall not alter any legal
				right or liability already existing in New Jersey or under Federal law.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 4 - ADVISORY OPINIONS › Section 5:105-4.1 - Advisory opinions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Council shall,
				in its discretion, issue advisory opinions as to whether a particular type of record
				is a government record which is accessible to the public pursuant to
				47:1A-7.b.
(b) Advisory opinions address whether general
				categories of records are disclosable and do not serve as complaint-specific
				decisions of the Council.
(c) Advisory
				opinions do not constitute final decisions of the Council, are not legal advice and
				shall not alter any legal right or liability already existing in New Jersey or under
				Federal law.
(d) The issuance of
				advisory opinions shall not prejudice any party's rights to file a complaint with
				the Council.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 120 - URBAN ENTERPRISE ZONE AUTHORITY › Subchapter 1 - URBAN ENTERPRISE ZONE PROGRAM › Section 5:120-1.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this
				subchapter are promulgated by the Urban Enterprise Zone Authority (UEZA) to
				implement 52:27H-60 ( P.L. 1983, c. 303), as
				amended, the New Jersey Urban Enterprise Zones Act.
(b) The Act provides for the establishment of an
				UEZA which is to designate certain areas of the State as Urban Enterprise Zones
				(UEZ). The Act also provides that the UEZA provide continuing review of the
				implementation of the Act and report annually to the Governor and the Legislature on
				the effectiveness of UEZs in addressing the conditions cited in the Act, including
				any recommendations for legislation to improve the effectiveness of operation of the
				UEZs.
(c) Questions concerning UEZs
				should be directed to:
Urban Enterprise Zone Program
New Jersey Department of Community Affairs
101 South Broad Street, 6th Floor
PO Box 822
Trenton, New Jersey 08625-0822
(d) Questions concerning applications to become
				certified or recertified as a "qualified business" (see definition at
				5:120-1.3 ) or other questions regarding
				a particular UEZ should be directed to the Coordinator of the UEZ in the
				municipality in which the applicant conducts business. A directory of UEZs' contact
				information shall be maintained on a UEZA webpage within the Department of Community
				Affairs website.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 120 - URBAN ENTERPRISE ZONE AUTHORITY › Subchapter 1 - URBAN ENTERPRISE ZONE PROGRAM › Section 5:120-1.4 - Application for zone business benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any business, which
				desires to receive zone business benefits, shall submit to the Coordinator of the
				zone in which the place of business is located, a certification application package,
				or recertification application package when the business is seeking to continue its
				participation, and any other additional information requested by the Administrator.
				The application package shall include the following forms and supporting
				documentation as appropriate:
1. Procedures and
				Instructions for Certification or Recertification;
2. Certification, or Recertification, Application
				form;
3. Employee data sheets for
				full-time and part-time employees;
4.
				"Application for Reduced Sales Tax" (Div of Taxation UZ-1);
5. "Application for Exemption from Sales Tax on
				Purchases of Goods and Materials; for Exclusive Use or Consumption within an Urban
				Enterprise Zone" (Div of Taxation UZ-5-SB-A);
6. Proof of Business Registration (Business
				Registration Certificate or an NJ-REG application);
7. "Exempt Sales Tax Tracking Form" for
				Recertifications; and
8. A copy of the
				certificate of occupancy, lease and/or deed to substantiate the business location
				and enable verification that it is within the zone.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 120 - URBAN ENTERPRISE ZONE AUTHORITY › Subchapter 1 - URBAN ENTERPRISE ZONE PROGRAM › Section 5:120-1.5 - Time for application for zone business benefits

Current through Register Vol. 56, No. 14, July 15, 2024
A business may apply for zone business benefits at any time after
				  the business to be located in the zone agrees with the Administrator or the
				  Administrator's designee to provide an increase in permanent full-time employment in
				  the zone.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 120 - URBAN ENTERPRISE ZONE AUTHORITY › Subchapter 1 - URBAN ENTERPRISE ZONE PROGRAM › Section 5:120-1.6 - Zone business benefits eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Qualified businesses
				within a zone shall be eligible to receive all benefits provided for under the Act
				as approved by the UEZA for the specific zone.
(b) The UEZA, in determining whether a business
				shall be approved as a qualified business, shall:
1. Review data compiled by the United States
				Department of Labor and New Jersey Department of Labor and Workforce Development and
				private industry councils created under the Federal Job Training Partnership Act,
				and any other relevant sources, which bears on the availability to the business, in
				the area in which it is or will be located, of potential employees who meet the
				criteria set forth in
				52:27H-62(c)(1), (2), or
				(3); and
2. At the time the business applies for qualified
				business designation under
				52:27H-62(c), review
				the business' employee turnover experience for one year in the instance of
				certification and three years in the instance of recertification preceding its
				application and estimate the number of new positions to be created by the business
				during the three years after the date of its certification application or
				recertification application, whichever is appropriate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 120 - URBAN ENTERPRISE ZONE AUTHORITY › Subchapter 1 - URBAN ENTERPRISE ZONE PROGRAM › Section 5:120-1.7 - Good faith waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the UEZA
				determines that an applicant for qualified business status or a previously qualified
				business is unable in good faith to meet the definition of qualified business (see
				5:120-1.2 ) because an insufficient
				number of persons satisfying the criteria of
				52:27H-62(c)(1), (2), and
				(3), and the workforce requirements of the
				business are available within the business's geographical area, the UEZA, in its
				discretion, may reduce the requirement below the 25 percent factor for that business
				conditioned upon the agreement of the business to implement any one or more of the
				below-listed actions. Good faith shall include: a letter on the business' letterhead
				describing the position (including: type of position, salary, job description,
				number of positions available, list attempts and means business used to fill
				position locally, results of business' efforts), proof of advertisement for the
				position(s), a request to New Jersey Department of Labor and Workforce Development
				for assistance, and such other evidence to support an effort to hire so as to
				satisfy the 25 percent factor.
1. Sponsor and fund
				development and training programs in high schools, vocational or technical schools,
				or continuing education facilities which serve the zone municipality and which
				primarily develop basic or entry level job skills;
2. Provide summer or part-time jobs for zone
				municipality high school students or graduates;
3. Provide summer internships for zone
				municipality students attending post-secondary, vocational, or technical educational
				institutions;
4. Design and implement
				skills training programs in zone municipalities. These programs shall include, but
				are not limited to:
i. Secretarial
				skills;
ii. Computer skills;
iii. Financial administration and analysis
				skills;
iv. Management skills;
				and
v. Other vocational
				skills;
5. Participate in and
				fund State and federally sponsored job training programs in zone municipalities.
				These programs shall include, but are not limited to:
i. The New Jersey Department of Labor and
				Workforce Development's Customized Training Program;
ii. The Job Training Partnership Act, Pub.L.
				97-300 ( 29 U.S.C. §§ 1501 et seq.); or
iii. Any other job training program recognized by
				the UEZA;
6. Sponsor and fund
				any other programs as may be designated by the UEZA.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 120 - URBAN ENTERPRISE ZONE AUTHORITY › Subchapter 2 - BUSINESS CERTIFICATION FOR ZONE BUSINESS BENEFITS › Section 5:120-2.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this
				subchapter are promulgated by the Urban Enterprise Zone Authority (UEZA) to
				implement P.L. 1983, c.303, as amended, the New Jersey Urban Enterprise Zones Act
				(the Act), and to implement standards of business certification and recertification
				for zone business benefits. This subchapter establishes standards and procedures for
				the recertification of zone businesses.
(b) This subchapter also governs the alternative
				procedure when creation of new employment cannot be met, and the appeals
				process.
(c) Applications and questions
				shall be directed as set forth in
				5:120-1.1(c) and
				(d).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 120 - URBAN ENTERPRISE ZONE AUTHORITY › Subchapter 2 - BUSINESS CERTIFICATION FOR ZONE BUSINESS BENEFITS › Section 5:120-2.2 - Reapplication for zone business benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any business
				desiring to continue to receive zone business benefits shall forward to the Zone
				Coordinator a complete recertification application package, upon which the business
				shall disclose in an accurate manner the requested information, including actual
				legal name of the business as registered with the State of New Jersey, the trade
				name of the business, the New Jersey taxpayer identification number (the unique
				12-digit number assigned by the Department of the Treasury Division of Revenue), the
				street address of its actual location within the boundaries of the zone, complete
				contact information, the amount of full-time and part-time employment located within
				the zone for each of the three years prior to recertification or one year prior to
				certification, the amount of full-time and part-time employment and such employment
				projected for each of the next three years, actual and projected capital expenditure
				for the same time periods, and any other information as the Administrator shall
				specify.
(b) This subsection concerns
				time for reapplication for zone business benefits.
1. A business must reapply for zone business
				benefits no later than three years after the prior date of certification, or
				recertification, of that business to receive zone business benefits. The application
				is not considered as filed until all required forms and information are accurately
				and completely provided by the business.
2. The Administrator may extend the reapplication
				period deadline until a date not later than six months after the anniversary date of
				its certification when the business has demonstrated good faith efforts to produce
				the information required by the Administrator; in addition, the Administrator may
				extend the reapplication period deadline up to December 4, 2021 (six months beyond
				the end of the public health emergency), to any business seeking recertification
				that has demonstrated an adverse economic impact due to the state of
				emergency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 120 - URBAN ENTERPRISE ZONE AUTHORITY › Subchapter 3 - URBAN ENTERPRISE ZONE BOUNDARY AMENDMENTS › Section 5:120-3.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter are promulgated by the Urban
				  Enterprise Zone Authority (UEZA) to implement P.L. 1983, c. 303, as amended, the New
				  Jersey Urban Enterprise Zones Act, and to specifically implement the methodology of
				  amending zone boundaries within a municipality.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 120 - URBAN ENTERPRISE ZONE AUTHORITY › Subchapter 3 - URBAN ENTERPRISE ZONE BOUNDARY AMENDMENTS › Section 5:120-3.2 - Standards of eligibility for zone boundary revisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A qualified
				municipality shall be eligible to apply for a revision of the urban enterprise zone
				within that municipality when:
1. The area to be
				included within the boundaries of the revised UEZ satisfies the criteria set forth
				in 5:120-3.6(a);
				and
2. The expansion and modification of
				the UEZ boundary:
i. Will not, as based upon the
				original zone application by the municipality for designation of a UEZ,
				significantly alter the percentage within the zone of:
(1) Unemployment;
(2) Persons below the poverty level; or
(3) Persons receiving public assistance;
				and
ii. Is limited to include
				areas within the UEZ that will attract or permit the creation of new businesses in
				the UEZ, although sites adjacent to existing areas within the UEZ may be included to
				permit continuity of the zone.