New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 46 - DEVELOPMENT OF MINORITY AND WOMEN'S BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:46-1.9 - Procedure for challenges to a business certified as a minority and/or women's business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A third-party may challenge the
				qualifications of an applicant or a certified entity under this chapter for
				eligibility to be certified as a minority or women's business and be included
				in the SAVI database.
(b) A
				third-party finding cause to challenge a business' certification as a minority
				and/or a women's business shall submit an appeal to the Director setting forth,
				in detail, the grounds for such challenge in a written statement with copies to
				the challenged business and to the appropriate contracting agency if a specific
				contract is at issue. The challenge shall contain the specific grounds for
				challenging the certification, including all arguments, materials, and/or other
				documentation that may support the challenger's position. A challenge under
				this subsection is limited to the authenticity of a business under this chapter
				to be certified as a minority or women's business. The right to challenge a
				currently certified minority business or women's business is, in addition to,
				and independent of, any protest hearing rights that are afforded by any State
				contracting agency.
(c) When the
				Division receives a challenge, upon the request of the minority and/or women's
				business whose certification is at issue, the Division shall notify the
				affected business in writing.
(d)
				Upon proper notice, the Division shall conduct a hearing on the matter as
				follows:
1. The business must request the
				hearing within 10 days after receipt of notice that the business' certification
				is subject to a challenge;
2. The
				Director has sole discretion to determine if an in-person presentation is
				necessary to reach an informed decision on the matter(s) of the appeal.
				In-person presentations are fact-finding for the benefit of the Director. The
				Director has the discretion to limit attendance at an in-person presentation to
				those parties likely to be affected by the outcome of the proceeding. The
				Division shall notify all interested parties of the time and place of the
				hearing, and of the right to attend and be represented at the
				hearing;
3. The Director shall
				resolve any challenge received by written decision based on the Director's, or
				his or her designee's, review of the written record including, but not limited
				to, the business's application, the written appeal, pertinent administrative
				rules, statutes, and case law, and any associated documentation deemed
				appropriate. In cases where no in-person presentation is held, such review of
				the written record shall, in and of itself, constitute an informal hearing. The
				burden of proof lies with the third-party challenger. However, the Division may
				use its own resources to ascertain the viability of a challenge and the status
				of a business;
4. The determination
				issued by the Director, or the Director's designee, shall be a final agency
				decision, which shall be appealable to the Appellate Division of the Superior
				Court;
5. The Director is entitled
				to request, receive, and review copies of any and all records and documents
				deemed appropriate and relevant to the issues and arguments set forth in the
				challenge. Upon receipt of the Director's request, the business shall promptly
				provide the requested records or information. The Director may also consider
				relevant information requested and received from other parties deemed
				appropriate; and
6. An applicant
				who receives a decision from the Division that the certification has been
				revoked may reapply for certification one year after the date of
				revocation.