reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 2 - REQUIREMENTS FOR CONTRACTOR COMPLIANCE › Section 19:39-2.1 - Affirmative action, small business, and disabled veteran-owned business compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each construction or goods and services
				  contractor shall designate an employee who shall serve as a liaison with the
				  Authority's compliance inspector and who shall be responsible for coordinating
				  the firm's affirmative action program, maintaining all records required by this
				  chapter, and submitting the forms required by this chapter through the
				  Authority's website, or as otherwise directed, to the SDA's designated employee
				  or representative.
(b) Every
				  construction contractor shall complete and submit the following forms at the
				  times specified by the SDA in the procurement or contract documents for the
				  construction contract:
1. An SBE DVOB
				  Participation Form, together with all SBE DVOB Confirmation Forms;
2. An Initial Project Work Force form, Form
				  AA-201;
3. A Subcontractor
				  Projection form, Form AA-201a;
4. A
				  Monthly Workforce Tracking Report, Form AA-202; and
5. Certified payroll reports submitted with
				  payment invoices as specified in the contract documents.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 2 - REQUIREMENTS FOR CONTRACTOR COMPLIANCE › Section 19:39-2.2 - Contract provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All goods and services contractors shall
				  include in every subcontract the following mandatory language concerning
				  affirmative action employment practices:
1.
				  The affirmative action language set forth in
				  17:27-3.5(a)2  i
				  through iv, as applicable; and
2.
				  The employment goal compliance language set forth in
				  17:27-3.7(a)1 
				  through 4, as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 2 - REQUIREMENTS FOR CONTRACTOR COMPLIANCE › Section 19:39-2.3 - Compliance with affirmative action employment goals for minority and women workers by goods and services contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  requirements of this section shall not apply to any goods and services
				  contractor performing under an existing Federally approved or sanctioned
				  affirmative action program, which is exempted from the affirmative action plan
				  requirements under
				  17:27-4.3(a).
(b) A goods and services contractor will be
				  considered to be in compliance with this chapter only if the contractor has
				  acted in good faith to employ minority and women workers in each of the equal
				  employment occupational categories in which the contractor has employees, in
				  accordance with the applicable county employment goals, as established by the
				  Division in accordance with
				  N.J.A.C.
				  17:27-5.2, as updated from time to time by
				  the Division, and posted on the State website at
www.nj.gov/treasury/contract_compliance/documents/pdf/guidelines/procurement_targets.pdf
.
(c) In its determination of whether a goods
				  and services contractor has acted in good faith, the SDA shall consider whether
				  the contractor:
1. Has knowledge of and has
				  considered the general availability of minorities and women having requisite
				  skills in the immediate labor area;
2. Has knowledge of and has considered the
				  percentage of minorities and women in the total workforce in the immediate
				  labor area;
3. When the opportunity
				  has presented itself, has considered promoting minority and women employees
				  within its organization;
4.
				  Attempted to hire minorities and women based upon the anticipated expansion,
				  contraction and turnover of its workforce;
5. Has the ability to consider undertaking
				  training as a means of making all job classifications available to minorities
				  and women and whether it has done so;
6. Has utilized the available recruitment
				  resources to attract minorities and women with requisite skills, including, but
				  not limited to, training institutions, job placement services, referral
				  agencies, newspapers, trade papers, faith-based organizations, and
				  community-based organizations; and
7. Has documented its attempts to attain the
				  applicable county employment goals.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 2 - REQUIREMENTS FOR CONTRACTOR COMPLIANCE › Section 19:39-2.5 - Set asides and goals for SBE contractors on school facilities projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time
				  of each school facilities project advertisement, the Authority shall announce
				  the SBE requirements for the contract, and a construction contractor or goods
				  and services contractor shall be required to make a good faith effort to comply
				  fully with the SBE subcontracting goals.
(b) The SDA may set aside a school facilities
				  construction or goods and services contract for an SBE, whenever there is a
				  reasonable expectation that bids or proposals may be obtained from at least
				  three qualified SBE firms capable of providing the desired services. The
				  designation shall be made prior to advertisement for bids.
(c) When practicable, the SDA will issue
				  several smaller contracts, in place of one large contract, in order to increase
				  the ability of SBEs to bid on school facilities projects.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 2 - REQUIREMENTS FOR CONTRACTOR COMPLIANCE › Section 19:39-2.6 - Set-asides and goals for DVOB contractors on school facilities projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  At the time of each school facilities project advertisement, the Authority
				  shall announce the DVOB requirements for the contract, and a construction
				  contractor or goods and services contractor shall be required to make a good
				  faith effort to comply fully with the DVOB subcontracting goals.
(b) The SDA may set aside a school facilities
				  construction or goods and services contract for a DVOB contractor, whenever
				  there is a reasonable expectation that bids or proposals may be obtained from
				  at least three qualified DVOB firms capable of providing the desired services.
				  The designation shall be made prior to advertisement for bids.
(c) When practicable, the SDA will issue
				  several smaller contracts, in place of one large contract, in order to increase
				  the ability of DVOBs to bid on school facilities projects.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 2 - REQUIREMENTS FOR CONTRACTOR COMPLIANCE › Section 19:39-2.7 - Good faith efforts with respect to SBE goals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The good faith efforts of contractors to
				  meet the 25 percent SBE subcontracting goal on school facilities projects shall
				  include, but not be limited to, the following measures:
1. Sending solicitation letters to SBE firms
				  registered with the Division of Revenue and Enterprise Services and to
				  pre-qualified SBE firms on the SDA's vendor directory accessible at
				  www.njsda.gov;
2. Making follow-up
				  telephone calls to firms solicited at (a)1 above, and keeping a log of such
				  calls and responses;
3. Breaking
				  the work into smaller subcontracts, to make it easier for SBE firms to
				  compete;
4. Contacting small
				  business groups and community groups for assistance in identifying SBE
				  firms;
5. Placing advertisements in
				  local newspapers, construction trade letters, magazines, or special
				  publications aimed at SBEs;
6.
				  Negotiating in good faith with interested SBE subcontractors, so as not to
				  disqualify a prospective subcontractor without good cause; and
7. Assisting potential SBE subcontractor
				  firms by acting as a reference for the subcontractor, or by referring the
				  subcontractor to the surety agent or bank officer of the contractor or
				  consultant to satisfy bonding, insurance, or credit requirements.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 2 - REQUIREMENTS FOR CONTRACTOR COMPLIANCE › Section 19:39-2.8 - Good faith efforts with respect to DVOB goals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The good faith efforts of contractors to
				  meet the three percent DVOB subcontracting goal on school facilities projects
				  shall include, but not be limited to, the following measures:
1. Sending solicitation letters to DVOB firms
				  registered with the Division of Revenue and Enterprise Services and DVOB firms
				  listed in the SDA vendor directory accessible at www.njsda.gov;
2. Making follow-up telephone calls to firms
				  solicited at (a)1 above, and keeping a log of such calls and
				  responses;
3. Breaking the work
				  into smaller subcontracts, to make it easier for DVOB firms to
				  compete;
4. Contacting relevant
				  veterans' groups and other community groups for assistance in identifying DVOB
				  firms;
5. Placing advertisements in
				  local newspapers, construction trade letters, magazines, or special
				  publications aimed at DVOB firms;
6. Negotiating in good faith with interested
				  DVOB subcontractors, so as not to disqualify a prospective subcontractor
				  without good cause; and
7.
				  Assisting potential DVOB subcontractor firms by acting as a reference for the
				  subcontractor, or by referring the subcontractor to the surety agent or bank
				  officer of the contractor or consultant to satisfy bonding, insurance, or
				  credit requirements.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 3 - ENFORCEMENT › Section 19:39-3.1 - Monitoring workforce affirmative action compliance and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  goods and services or construction contractor's employee liaison designated in
				  accordance with
				  19:39-2.1(a) 
				  shall meet, when requested, with the SDA's compliance inspector and/or other
				  SDA representatives to ensure compliance with this chapter and the contractor's
				  affirmative action plan.
(b) The
				  SDA's compliance inspector shall conduct on-site visits and/or attend project
				  meetings and, at reasonable times and in a reasonable manner, may request to
				  enter the contractor's business facility or construction project site for the
				  purpose of determining whether the contractor is complying with its affirmative
				  action plan and is otherwise in compliance with the procedures set forth in
				  this chapter.
(c) The SDA may
				  investigate to determine if there is a violation of this subchapter or a
				  contractor's affirmative action plan. If the SDA determines there is
				  substantial probability that a violation is occurring, SDA may issue a written
				  alert notice to a contractor. The written alert notice shall provide details of
				  the alleged violation.
(d) If the
				  alleged violation explained in the alert notice has not been corrected within
				  three business days after the alert notice is received by the contractor, the
				  SDA shall issue a violation notice to the contractor. Said violation notice
				  shall provide details of the continuing violation.
(e) After SDA's issuance of a notice of
				  violation, the alleged violator shall submit, within seven business days, a
				  written statement explaining why it is not in violation of this subchapter or
				  the affirmative action plan or an explanation of how it will correct any such
				  violation. The SDA shall review the written statement, and if the SDA
				  determines that the alleged violator has not adequately explained why it is not
				  in violation or determines that the violation is continuing to occur, then SDA
				  shall conduct an investigatory conference to determine whether there is a
				  violation and/or if corrective measures must be taken. The conference may also
				  be conducted to discuss and resolve issues before taking any action pursuant to
				  N.J.A.C.
				  19:39-3.2. Such investigatory conference
				  shall be conducted within 30 business days of the contractor's submission of
				  its written statement. The conference may involve interviews of relevant
				  parties and the SDA may request from appropriate parties the submission of
				  additional information as is considered necessary to determine whether the
				  alleged violation has occurred.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 3 - ENFORCEMENT › Section 19:39-3.2 - Sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the SDA determines that either a goods
				  and services or construction contractor is in violation of this chapter or its
				  affirmative action plan, SDA shall enforce the obligations of this chapter and
				  the requirements of the affirmative action plan by any or all of the following
				  actions, as applicable:
1. Reduce the
				  contractor's performance evaluation;
2. Reduce the contractor's project rating on
				  subsequent bid proposals;
3. Reduce
				  the contractor's compensation by a maximum of one and one-half percent of the
				  contract price if the contractor is found not to have in good faith satisfied
				  the hiring requirements set forth in the contract, because the SDA cannot and
				  will not pay for contractual services that are not performed or contractual
				  obligations that are not met. This reduction in the contract price will be
				  effectuated either by the withholding of all or part of future payments to the
				  contractor or by a reduction in the amount of retainage otherwise due for
				  release to the contractor under the contract;
4. Pursue any of the sanctions available
				  under N.J.A.C. 19:38A-4, including
				  revocation of the firm's pre-qualification and/or suspension or debarment from
				  SDA contracting; and/or
5.
				  Terminate the contract.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 4 - SUBCONTRACTOR REPLACEMENT › Section 19:39-4.1 - Subcontractor replacement on school facilities projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  construction or goods and services contractor shall not replace an SBE or DVOB
				  subcontractor, except where such contractor is in breach of its subcontract and
				  the SDA has provided the contractor its prior written consent to the
				  replacement.
(b) A request for
				  replacement shall be in writing, with complete justification for the request.
				  The contractor must have the written approval of the SDA before such a
				  replacement can be made, regardless of the reason for the
				  replacement.
(c) The contractor
				  shall make a good faith effort to find another SBE or DVOB firm, as applicable,
				  to perform at least the same amount of work as had been allocated to the
				  original SBE or DVOB subcontractor.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 5 - WORKFORCE TRAINING › Section 19:39-5.1 - Training programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				  P.L.
				  2009, c.
				  313(N.J.S.A. 52:38-7),
				  the SDA shall allocate an amount equal to one half of one percent of the value
				  of school facilities contracts in excess of $ 1,000,000 that are pertinent to
				  construction, design, and management of school facilities projects, to fund
				  training and scholarship programs for minority group members and women in
				  preparation for construction trade occupations or other occupations, including
				  engineering and construction management professions.
(b) The SDA shall utilize the funds pursuant
				  to (a) above to work with the State Higher Education Student Assistance
				  Authority to develop a targeted scholarship program for New Jersey women and
				  minority group members, directed toward fields of study relevant to occupations
				  pertinent to school facilities project construction, management, and design, to
				  increase the numbers of women and minorities in the State's construction trades
				  and related professions.
(c) The
				  SDA shall further utilize the funds pursuant to (a) above to create an
				  SBE/WBE/MBE/DVOB training program to assist existing New Jersey
				  SBE/WBE/MBE/DVOB entities in trades or professions related to school facilities
				  project design, management, and construction to further develop their business
				  practices, become familiar with SDA contracting and procurement requirements,
				  and to secure SDA prequalification to participate in SDA
				  procurements.
(d) To the extent
				  practicable, the services provided pursuant to this section shall be
				  coordinated with apprenticeship training provided pursuant to
				  N.J.S.A.
				  18A:7G-38.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 1 - CONSTRUCTION AND APPLICATION OF RULES › Section 19:40A-1.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is issued under and pursuant to the authority
					 of the Casino Control Act, constituting P.L. 1977, c. 110, as
					 amended.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 1 - CONSTRUCTION AND APPLICATION OF RULES › Section 19:40A-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				  words and terms are defined in the New Jersey Casino Control Act ( P.L. 1977,
				  c. 110, as amended) and are used in the rules of the Commission as defined in
				  that Act:
"Applicant"
"Application"
"Attorney"
"Casino" or "licensed casino"
"Casino key employee"
"Casino license"
"Chairman" and "Commissioner" or "member"
"Commission"
"Director"
"Division"
"Family"
"Gaming" or "gambling"
"License"
"Licensee"
"Operation"
"Party"
"Person"
"Property"
"Registrant"
(b) The following words and terms, when used
				  in this chapter, shall have the following meanings, unless the context clearly
				  indicates otherwise:
"Act" or "Casino Control Act" means the New Jersey Casino
					 Control Act ( P.L. 1977, c. 110, as amended).
"Casino licensee" or "licensed casino" means the holder of
					 any license, issued pursuant to the Casino Control Act, that authorizes the
					 ownership or operation of a casino and, if applicable, of a casino simulcasting
					 facility.
"Casino simulcasting" is defined by the Division at
					 13:69M-1.2.
"Casino simulcasting facility" is defined by the Division
					 at 13:69M-3.1 through 3.4.
"Interested person" means any person whose specific legal
					 rights, duties, obligations, privileges, benefits, or other specific legal
					 relations are affected by the adoption, amendment, or repeal of a specific rule
					 or by any decision, order, or ruling of the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 1 - CONSTRUCTION AND APPLICATION OF RULES › Section 19:40A-1.3 - Construction and amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  This chapter shall be construed in accordance with generally accepted
				  principles of statutory construction, including those set forth in N.J.S.A.
				  1:1-1.1 et seq.
(b) This chapter
				  shall be liberally construed to permit the Commission to effectively carry out
				  its statutory functions and to secure a just and expeditious determination of
				  issues properly presented to the Commission.
(c) Nothing contained in this chapter shall
				  be construed as to conflict with any provision of the New Jersey Casino Control
				  Act or any other applicable statute.
(d) In special cases and for good cause
				  shown, the Commission may relax or permit deviations from any rule in this
				  chapter.
(e) Whenever any provision
				  of this chapter requires that an act or event occur on a specified day or date,
				  and such day or date falls upon a Saturday, Sunday, or legal holiday, or upon a
				  day in which the State is closed as the result of a declared state of
				  emergency, such provision shall be construed to refer to the next business day
				  immediately following such day or date.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 1 - CONSTRUCTION AND APPLICATION OF RULES › Section 19:40A-1.4 - Severability and preemption

Current through Register Vol. 56, No. 14, July 15, 2024
If any clause, sentence, subparagraph, paragraph,
					 subsection, section, subchapter, or other portion of this chapter or the
					 application thereof to any person or circumstance shall be held to be invalid,
					 such holding shall not affect, impair, or invalidate the remainder of this
					 chapter or the application of such portion held invalid to any other person or
					 circumstances, but shall be confined in its operation to the clause, sentence,
					 subparagraph, paragraph, subsection, section, subchapter, or other portion
					 thereof directly involved in such holding or to the person or circumstance
					 involved therein.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 1 - CONSTRUCTION AND APPLICATION OF RULES › Section 19:40A-1.5 - Practice where regulations do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
In any matter not governed by this chapter, the Commission
					 shall exercise its discretion, so as to carry out the purposes of the
					 Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 2 - ORGANIZATION AND OPERATION OF THE COMMISSION › Section 19:40A-2.2 - Meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Regular
				  meetings of the Commission shall be held at least once per month on such dates
				  and at such times and places as the Chairman or the Commission shall
				  establish.
(b) Special meetings of
				  the Commission will be held from time to time on such dates and at such times
				  and places as the Chairman or the Commission may deem convenient. Special
				  meetings of the Commission may be called at the discretion of the Chairman; but
				  the Chairman shall call a special meeting at the request of a majority of the
				  Commission.
(c) The annual
				  reorganization meeting of the Commission shall be the first meeting of the
				  Commission in January of each year.
(d) All meetings of the Commission shall be
				  in compliance with the Senator Byron M. Baer Open Public Meetings Act,
				  10:4-6 et seq.
(e) The Commission may prepare an agenda
				  describing the order of business for public meetings, which agenda shall
				  include, but not be limited to:
1. Presiding
				  officer's statement of compliance with the Senator Byron M. Baer Open Public
				  Meetings Act,
				  10:4-6 et seq.;
2. Roll call;
3. Ratification of the minutes of prior
				  meetings;
4. Consideration of
				  applications for licenses;
5.
				  Consideration of appeals from decisions or determinations made by the
				  Director;
6. Consideration of
				  petitions for Commission action or approval; and
7. Questions and comments from the
				  public.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 2 - ORGANIZATION AND OPERATION OF THE COMMISSION › Section 19:40A-2.3 - Quorum; votes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A majority
				  of the full Commission shall constitute a quorum at any meeting of the
				  Commission.
(b) The vote on any
				  matter before the Commission shall be taken in a manner to be determined by the
				  Commission. The names of the members voting for or against or abstaining shall
				  be entered in the minutes of the meeting.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 2 - ORGANIZATION AND OPERATION OF THE COMMISSION › Section 19:40A-2.4 - Resolutions and minutes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  records of the Commission shall include a minute book and a resolution book.
				  The vote on any matter before the Commission shall be set forth in the minutes
				  in accordance with the requirements of (b) below. If the Commission determines
				  to memorialize the vote on a particular matter by the preparation of a formal
				  resolution, the resolution shall be prepared in accordance with the
				  requirements of (c) below and shall be recorded in the resolution
				  book.
(b) Every vote of the
				  Commission recorded in the minutes shall include the following information:
1. The substance of the matter
				  considered;
2. The vote of the
				  Commission, including the names of any commissioners dissenting or
				  abstaining;
3. If appropriate,
				  reference to the existence of a formal resolution concerning the matter;
				  and
4. Certification by the
				  Executive Secretary.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 2 - ORGANIZATION AND OPERATION OF THE COMMISSION › Section 19:40A-2.5 - Delegation of Commission authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  The Commission may, in its discretion and where permitted by law, delegate its
				  authority to perform any of its functions under the Act or this chapter to a
				  member or members of its staff. Except as provided in (d) below, such action
				  shall for all purposes be deemed the final action of the Commission, without
				  approval, ratification, or other further action by the Commission.
(b) Any delegation of Commission authority
				  shall be effected through the adoption of a formal resolution at a public
				  meeting of the Commission. Such resolution shall specify the following, without
				  limitation:
1. The specific authority
				  delegated;
2. The member or members
				  of the Commission's staff to whom such authority is delegated; and
3. Any limitations or conditions imposed on
				  the authority delegated.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 2 - ORGANIZATION AND OPERATION OF THE COMMISSION › Section 19:40A-2.6 - Post-employment restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				  purposes of this section, a "policy-making management position" for the
				  Commission means the Executive Secretary; the Chief of Staff; a Director of any
				  Division; the General Counsel; and any other person designated to serve on the
				  Commission's management team.
(b)
				  No employee of the Commission shall solicit or accept employment with, or
				  acquire any direct or indirect interest in, any person who is an applicant,
				  licensee, or registrant with the Commission for a period of two years from the
				  date of termination of his or her employment with the Commission.
				  Notwithstanding the foregoing:
1. A
				  secretarial or clerical employee may solicit and accept such employment at any
				  time after termination of employment with the Commission;
2. Any employee, other than a person subject
				  to (c) below, who is terminated as the result of a reduction in workforce at
				  the Commission may accept employment otherwise prohibited by this subsection
				  upon application to and the approval of the Commission pursuant to (d) and (e)
				  below; and
3. Nothing in this
				  section shall prohibit a former employee of the Commission from soliciting or
				  accepting employment with, or acquiring an interest in, any person who is
				  registered as a casino service industry enterprise pursuant to subsection 92.c
				  of the Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 3 - INFORMATION AND FILINGS › Section 19:40A-3.1 - Offices; hours

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The main
				  offices of the Commission are located at:
Arcade Building
Tennessee Avenue and the Boardwalk
Atlantic City, NJ 08401
(b) The offices of the Commission are open
				  for business (except for public inspection of documents) from 8:00 A.M. to 4:00
				  P.M., Monday through Friday, unless otherwise authorized by the Commission. The
				  offices of the Commission are open for public inspection of documents from
				  10:00 A.M. to 4:00 P.M., Monday through Friday, unless otherwise authorized by
				  the Commission. The offices of the Commission are closed on legal
				  holidays.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 3 - INFORMATION AND FILINGS › Section 19:40A-3.2 - Official records; fees for copies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No original official record of the
				  Commission shall be released from the custody of the Commission, except upon
				  the express direction of the Chairman or the Executive Secretary, or upon the
				  order of a court of competent jurisdiction.
(b) Copies of the official records of the
				  Commission that are required by law to be made available for public inspection
				  will be made available during the hours provided for in
				  19:40A-3.1, upon the payment of
				  appropriate fees.
(c) No person
				  shall, directly or indirectly, procure or attempt to procure from the records
				  of the Commission, information of any kind that is not made available by proper
				  authority.
(d) No request for
				  copies of any forms, pamphlets, records, documents, or other papers will be
				  granted by the Commission, unless such papers or requests are accompanied by
				  the required fees, charges, or deposits or, if applicable, a copy of a receipt
				  from the Division indicating that any required fees, charges, or deposits have
				  been paid.
(e) A copy of the
				  Commission's meeting notices, minutes, and notices of rulemaking may be found
				  on the Commission's web site at
www.nj.gov/casinos
.
(f) Copies of official records of the
				  Commission that are required by law to be made available for public inspection
				  shall be made available according to the following fee schedule:
1. Letter size or smaller page: $ .05 per
				  page;
2. Legal size or larger page:
				  $ .07 per page;
3. Electronic
				  records and non-printed materials: No charge, except for actual cost of
				  supplies (for example, computer discs).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 3 - INFORMATION AND FILINGS › Section 19:40A-3.3 - Communications; notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except
				  as otherwise provided by the rules of the Commission or Division, all papers,
				  process, or correspondence relating to the Commission should be addressed to or
				  served upon the New Jersey Casino Control Commission at the Commission's main
				  office.
(b) All such papers,
				  process, or correspondence shall be deemed to have been received or served when
				  delivered to the main office of the Commission, but a Commissioner or such
				  individual members of the Commission's staff as the Chairman may designate, may
				  in his or her discretion receive papers or correspondence or accept service of
				  process.
(c) Except as otherwise
				  specifically provided by law or Commission rule, notices and other
				  communications from the Commission will be sent to an applicant, licensee, or
				  registrant by either ordinary mail or certified mail to the address shown in
				  the most recent application or change of address notice received from such
				  person; or, in the case of a casino licensee, by depositing such notices and
				  other communications in the appropriate mail slot designated for each casino
				  licensee in the Commission mailroom. Such notices and communications will be
				  available for pickup by casino licensees from 9:00 A.M. to 5:00 P.M. in the
				  Commission mailroom located at:
Arcade Building, 1st Floor
Tennessee Avenue and Boardwalk
Atlantic City, New Jersey 08401
(d) Notices shall be deemed to have been
				  served upon their deposit, postage prepaid, in the United States mails, or upon
				  their deposit in the Commission mailroom in the designated mail slot for each
				  casino licensee, and the time specified in any such notice shall commence to
				  run from that date.
(e) Any
				  applicant, licensee, or registrant who desires to have notices or other
				  communications mailed to an address other than that specified in the
				  application shall file with the Commission a specific request for that purpose,
				  and notices and other communications will, in such case, be sent to the
				  applicant, licensee, or registrant at such address.
(f) An applicant, licensee, or registrant
				  will be addressed under the name and style designated in the application, and
				  separate notices or communications will not be sent to individuals named in
				  such application unless a specific request for that purpose is filed with the
				  Commission. In the absence of such a specific request, a notice addressed under
				  the name or style designated in the application shall be deemed to be notice to
				  all individuals named in such application.
(g) Applicants and licensees shall
				  immediately notify the Commission of any change of name, address, or telephone
				  number and shall specifically request that all notices or other communications
				  be sent to the new address.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 3 - INFORMATION AND FILINGS › Section 19:40A-3.4 - Public information office

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Requests for information regarding the Casino Control Commission may be
				  directed to:
Casino Control Commission
Public Information Office
Arcade Building
Tennessee Avenue and the Boardwalk
Atlantic City, NJ 08401
(b) Access to information and data furnished
				  to or obtained by the Commission from any source is subject to the provisions
				  of 5:12-74.1 and N.J.A.C.
				  19:40A-4.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 3 - INFORMATION AND FILINGS › Section 19:40A-3.5 - Filing of petitions and applications

Current through Register Vol. 56, No. 14, July 15, 2024
Petitions for formal action by the Commission,
					 applications related to the issuance of a casino license or casino key employee
					 license shall be filed with the Division's Intake Unit at the address specified
					 in 13:69-3.1.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 3 - INFORMATION AND FILINGS › Section 19:40A-3.6 - Petitions for rulemaking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				  interested person may file a petition requesting that the Commission adopt,
				  amend, or repeal any rule pursuant to section 69.c of the Act and
				  52:14B-4(f). Such
				  petition shall be in writing, be signed by the petitioner, and include the
				  following information:
1. The name and address
				  of the petitioner;
2. The substance
				  or nature of the requested rulemaking;
3. The reasons for the request;
4. The specific legal rights, duties,
				  obligations, privileges, benefits, or other specific legal relations of the
				  interested person that are affected by the requested rulemaking; and
5. Reference to the statutory authority under
				  which the Commission may take the requested action.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 3 - INFORMATION AND FILINGS › Section 19:40A-3.7 - Declaratory rulings

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Pursuant to
				  52:14B-8, any interested person
				  may request that the Commission render a declaratory ruling with respect to the
				  applicability to any person, property, or state of facts of any provision of
				  the Act within the Commission's jurisdiction or of any Commission
				  rule.
(b) A request for a
				  declaratory ruling shall be initiated by a petition. The petition shall include
				  the following items with specificity:
1. The
				  nature of the request and the reasons therefor;
2. The facts and circumstances underlying the
				  request;
3. Legal authority and
				  argument in support of the request; and
4. The remedy or result desired.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 4 - CONFIDENTIAL INFORMATION › Section 19:40A-4.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise.
"Authorized personnel" means any member or employee of the
					 Commission.
"Confidential information" means any information or data,
					 furnished to, or obtained by, the Commission from any source, which is
					 considered confidential pursuant to the provisions of
					 5:12-74.1, or which is otherwise
					 confidential pursuant to applicable statutory provision, judicial decision, or
					 rule of court.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 4 - CONFIDENTIAL INFORMATION › Section 19:40A-4.2 - Determination of confidential status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided by
				  5:12-74.1.d, all information and
				  data furnished to or obtained by the Commission that relates to the internal
				  controls specified in
				  5:12-99.a, or to the earnings or
				  revenue of any applicant, registrant, or licensee, or which pertains to an
				  applicant's criminal record, family, or background, shall be presumed to be
				  confidential and shall not be released or disclosed to any person except in
				  accordance with the provisions of this subchapter.
(b) Any question concerning whether or not a
				  specific item of information or data within the possession of the Commission is
				  deemed to be confidential information under
				  5:12-74.1, or any other applicable
				  statutory provision, judicial decision, or rule of court, shall be submitted to
				  the Commission or its designee for determination or referral to appropriate
				  authorities.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 4 - CONFIDENTIAL INFORMATION › Section 19:40A-4.3 - Access

Current through Register Vol. 56, No. 14, July 15, 2024
Except as otherwise provided in
					 19:40A-4.4 and 4.8, access to
					 confidential information within the possession of the Commission shall be
					 restricted to authorized personnel who require such information in the
					 performance of their official duties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 4 - CONFIDENTIAL INFORMATION › Section 19:40A-4.4 - State Records Storage Center: retention schedule; storage; destruction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With the
				  approval of the State Records Committee, the Commission shall establish and
				  maintain a records retention schedule for all confidential information within
				  its possession.
(b) Confidential
				  information considered to be inactive by the Commission but required to be
				  retained pursuant to the provisions of (a) above, may be transferred to the
				  possession of the State Records Storage Center in accordance with N.J.S.A.
				  47:12.7, as implemented by N.J.A.C. 15:3, provided that:
1. Access to any confidential information
				  stored with the State Records Storage Center shall be limited to employees of
				  the Center and authorized personnel of the Commission;
2. A log is maintained of all authorized
				  personnel who are granted access to or who remove confidential information
				  stored with the State Records Storage Center, which log shall include the
				  information required by
				  19:40A-4.6(b);
3. Any confidential information transferred
				  to the State Records Storage Center is contained in transfer cartons, sealed
				  and marked in such a manner, so as to preclude the undetected examination of
				  the confidential information contained therein by any person other than
				  authorized personnel; and
4. The
				  Commission periodically inspects and reviews any such stored confidential
				  information to assure that it has not been disclosed or removed in violation of
				  52:13D-25 or
				  47:3-29 and the provisions of this
				  subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 4 - CONFIDENTIAL INFORMATION › Section 19:40A-4.5 - Retention in Commission offices; access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All Commission offices in which
				  confidential information is located shall be protected from unauthorized
				  intrusion at all times. Proper security precautions during business hours shall
				  include a requirement that all visitors to such offices be required to identify
				  themselves and wear a visitor pass in a conspicuous location. Proper security
				  precautions during non-business hours shall include the use of alarm or
				  security guard systems.
(b)
				  Confidential information may be stored in Commission offices on micrographics,
				  hard copy (paper), magnetic media, or any other suitable medium, provided
				  adequate security measures are maintained to prevent unauthorized access to or
				  use of such information.
1. A coded filing
				  system shall be utilized whenever practicable to prevent unauthorized access to
				  stored confidential information.
2.
				  Access to confidential information stored on computer or magnetic media shall
				  be restricted to authorized personnel who have obtained the required operating
				  key, code manual, or access code from the appropriate section or unit
				  supervisor. Operating keys, code manuals, and access codes shall be limited in
				  number and shall be controlled by the appropriate section or unit
				  supervisor.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 4 - CONFIDENTIAL INFORMATION › Section 19:40A-4.6 - Temporary custody by authorized personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Authorized personnel shall not remove
				  confidential information from Commission offices unless such removal is
				  necessary to the fulfillment of their official Commission duties. Confidential
				  information that is not presently being utilized by authorized personnel shall
				  be promptly returned to Commission offices.
(b) Confidential information shall not be
				  removed from the offices of the Commission without the prior approval of an
				  appropriate section or unit supervisor. Such approval shall only be granted
				  where removal of the confidential information is necessary to the performance
				  of the official duties of authorized personnel.
(c) The integrity of confidential information
				  in the possession of authorized personnel shall be preserved at all times. It
				  shall be the personal responsibility of any individual granted temporary
				  custody of confidential information to insure that the information is not
				  shown, released, or disclosed to any unauthorized person or to any otherwise
				  authorized person who does not require such information in the performance of
				  their official duties. Confidential information temporarily stored outside
				  Commission offices shall be protected by appropriate security
				  precautions.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 4 - CONFIDENTIAL INFORMATION › Section 19:40A-4.7 - Copies

Current through Register Vol. 56, No. 14, July 15, 2024
A hard copy of confidential information stored on computer
					 or magnetic media, or any other copy of confidential information within the
					 possession of the Commission, shall only be made where absolutely necessary to
					 the administration of the Act, or where an authorized release of the
					 confidential information is made pursuant to the provisions of
					 19:40A-4.8.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 4 - CONFIDENTIAL INFORMATION › Section 19:40A-4.8 - Release; notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Confidential
				  information within the possession of the Commission shall not be released or
				  disclosed in whole or in part to any person, except:
1. In the course of the necessary
				  administration of the Act;
2. Upon
				  lawful order of a court of competent jurisdiction;
3. With the approval of the Attorney General,
				  to a duly authorized law enforcement agency;
4. Upon presentation of proper
				  identification, to the applicant, registrant, or licensee who furnished the
				  confidential information to the Commission; or
5. Upon presentation of a duly executed and
				  notarized release authorization by the applicant, registrant, or licensee who
				  furnished the confidential information, to any person making a written request
				  for specifically identified confidential information.