reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 4 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF FIRM(S) AND INDIVIDUAL(S) › Section 17:19-4.6 - Procedures, period of suspension and scope of suspension affecting the suspension of a firm(s) or an individual(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions
				regarding procedures, period of suspension and scope of suspension shall
				include the following:
1. The DPMC may suspend
				a firm or individual or the firm's or the individual's affiliates, provided
				that within 10 days before the effective date of the suspension, the DPMC
				provides such firm or individual with a written notice:
i. Stating that a suspension has been imposed
				and stating its effective date;
ii.
				Setting forth the reasons for the suspension to the extent that the Attorney
				General determines that such reasons may be properly disclosed;
iii. Stating that the suspension is for a
				temporary period pending the completion of an investigation and any legal
				proceedings that may ensue; and
iv.
				Indicating that, if such legal proceedings are not commenced, or the suspension
				removed within 60 days of the date of such notice, the firm or the individual
				will be given either a statement of the reasons for the suspension and an
				opportunity for a hearing pursuant to N.J.A.C. 17:19-5, or a statement
				declining to give such reasons, which sets forth the DPMC's position regarding
				the continuation of the suspension. Where the DPMC suspends a firm or an
				individual based on a suspension by any other agency of government, the DPMC
				shall identify same as a reason for the suspension.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 4 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF FIRM(S) AND INDIVIDUAL(S) › Section 17:19-4.7 - Disqualification of a firm(s) or an individual(s)

Current through Register Vol. 56, No. 14, July 15, 2024
The disqualification of a firm or an individual shall be
				  based upon the DPMC's re-evaluation of the responsibility of a classified or
				  prequalified firm or the individual based upon information not provided at the
				  time that classification or prequalification was originally granted, as
				  determined by the factors set forth in
17:19-2.4
or
3.3
.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 4 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF FIRM(S) AND INDIVIDUAL(S) › Section 17:19-4.8 - Extent of debarment, suspension or disqualification

Current through Register Vol. 56, No. 14, July 15, 2024
The exclusion from State contracting by virtue of debarment,
				  suspension or disqualification shall extend to all State contracting and
				  subcontracting within the control or jurisdiction of the DPMC. When it is
				  determined by the Director to be essential to the public interest, an exception
				  from total exclusion may be made with respect to a particular State
				  contract.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 4 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF FIRM(S) AND INDIVIDUAL(S) › Section 17:19-4.9 - Prior notice by the DPMC

Current through Register Vol. 56, No. 14, July 15, 2024
Insofar as practicable, prior notice of any proposed
				  debarment shall be given to the Attorney General and the State
				  Treasurer.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 4 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF FIRM(S) AND INDIVIDUAL(S) › Section 17:19-4.10 - List of debarred, suspended or disqualified firms or individuals

Current through Register Vol. 56, No. 14, July 15, 2024
The DPMC shall supply to the State Treasurer a monthly list
				  of all firms or individuals having been debarred, suspended or disqualified in
				  accordance with the procedures in this subchapter. The list shall be available
				  for public inspection.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 4 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF FIRM(S) AND INDIVIDUAL(S) › Section 17:19-4.11 - Director$DQ$s authority to contract

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained in this chapter shall be construed to
				  limit the authority of the DPMC to refrain from contracting within the
				  discretion allowed by law.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 5 - HEARING PROCEDURES › Section 17:19-5.1 - Hearings; subject matter; firms or individuals who may request hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Administrative hearings before the DPMC
				may include the following subject matter:
1.
				Bid protest: A firm which has submitted a bid may request a hearing to protest
				DPMC's award or rejection of a bid.
2. Selection protest: A firm which has
				submitted a proposal for award of a professional service contract, advertised
				by DPMC, may request a hearing to challenge the DPMC's decision to reject that
				firm's proposal and/or to award the contract to another firm.
3. Evaluation or re-evaluation of
				classification: A firm dissatisfied with its classification, or the
				classification of another firm, may request a hearing to protest that
				classification.
4.
				Prequalification: A firm dissatisfied with its prequalification may request a
				hearing to protest that prequalification decision.
5. Performance evaluation: A firm
				dissatisfied with its performance evaluation on a public works project
				undertaken by the DPMC may request a hearing for the purpose of presenting
				evidence to dispute that evaluation.
6. Suspension, disqualification, or
				debarment: Except in the case of a suspension, a disqualification, or a
				debarment by another agency of government, a firm or an individual may request,
				and shall be entitled to, a hearing to challenge the DPMC's proposed
				suspension, disqualification, or debarment of the firm or individual.
7. Certain other matters of dispute that may
				occur relative to the activities of the DPMC: The Director, within the
				Director's sound discretion, may require that a firm or an individual
				participate in an informal hearing or a formal hearing.
8. The provisions of this section do not
				apply to "claims conferences" that are provided for in the DPMC's consultant
				and construction contracts. Such "claims conferences" are contractual in nature
				and are intended solely to provide a non-binding forum for the presentation and
				resolution of disputed contract claims.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 6 - ELECTRONIC PROCUREMENT OF PUBLIC WORKS CONSTRUCTION PROJECT RULES › Section 17:19-6.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to promulgate standards for
				  the implementation and use of electronic procurement technologies that ensure
				  the integrity and procedural protections of sealed public bidding and
				  competitive contracting in an electronic environment.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 6 - ELECTRONIC PROCUREMENT OF PUBLIC WORKS CONSTRUCTION PROJECT RULES › Section 17:19-6.2 - 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.
"Electronic construction procurement" means, for the purposes
				  of public works construction projects, the use of computer technology and the
				  Internet for: the advertising and submission of public bids, providing notice
				  of revisions or addenda to advertisements or bid documents, the receipt of
				  proposals and quotations, and related practices to assist in determining the
				  lowest responsible bidder or other agency-appropriate bid or proposal
				  procurement standard.
"Public works construction" means any project that is subject
				  to the New Jersey Prevailing Wage Act, P.L. 1963, c. 150 (N.J.S.A.
				  34:11-56.25et seq.), and is contracted for by
				  a State or local public contracting unit for the purposes of construction,
				  reconstruction, demolition, alteration, custom fabrication, repair work, or for
				  maintenance work, including painting and decorating, done under contract and
				  paid for, in whole or in part, out of the funds of a public body. Public works
				  construction also means construction, reconstruction, demolition, alteration,
				  custom fabrication, repair work, or maintenance work, done on any property or
				  premises, whether or not the work is paid for from public funds if at the time
				  of the entering into the contract, the property or premises is owned by the
				  government entity.
"State contracting unit" means a government entity that
				  contracts for the procurement of goods, services, or the construction of public
				  works pursuant to the State College Contracts Law, P.L. 1986, c. 43
				  (N.J.S.A. 18A:64-52et
				  seq.);
				  P.L.
				  2007, c. 137
				  (N.J.S.A.
				  52:18A-235et seq.); or Chapter 32, 33, or 34
				  of Title 52 of the New Jersey Revised Statutes.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 6 - ELECTRONIC PROCUREMENT OF PUBLIC WORKS CONSTRUCTION PROJECT RULES › Section 17:19-6.3 - Advertisement of public works construction projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DPMC, and other State contracting
				units shall advertise for bids on public works construction projects, whenever
				the project requires advertisement, through the use of an electronic
				construction procurement process and the State contracting unit's website.
				Additionally, it may solicit bids in one or more of the following methods as
				necessary:
1. In newspapers;
2. By use of direct mailings to classified
				firms;
3. In design and
				construction publications and trade journals covering the construction industry
				in New Jersey; or
4. By written
				notice to New Jersey professional societies and
				associations.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 6 - ELECTRONIC PROCUREMENT OF PUBLIC WORKS CONSTRUCTION PROJECT RULES › Section 17:19-6.4 - Procedure for the advertisement, bidding, and award of contracts for public works construction by State contracting units through electronic construction procurement

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Whenever a State contracting unit is required by law to publicly advertise a
				contract for public works construction, the advertisement, issuance of bidding
				documents to interested bidders, public notice of revisions, addenda, or
				bulletins to bidding documents, submission and receipt of bid proposals, and
				notice of contract award shall be administered through an electronic
				construction procurement process as required by the Electronic Construction
				Procurement Act,
				N.J.S.A.
				52:34A-1et seq.
(b) Contracts to be awarded for State
				construction projects through the use of an electronic procurement process
				shall contain the following bid components:
1.
				General conditions of the contract;
2. Plans and specifications of the public
				works construction project;
3.
				Competitive bidding for the contract, if appropriate;
4. Classification of firms submitting bids,
				if required;
5. A statement of
				corporate ownership of the entity or entities submitting bids;
6. A bid bond and performance bond security,
				where required by law;
7. Execution
				of the contract;
8. Certification
				of financial ability to complete the work;
9. Commencement of the work;
10. A prevailing wage mandate;
11. An acknowledgement of addenda and
				bulletins;
12. The naming of prime
				subcontractors, where required by law, or the bidding documents;
13. Specified alternates;
14. A non-collusion affidavit; and
15. A political contribution
				disclosure.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 6 - ELECTRONIC PROCUREMENT OF PUBLIC WORKS CONSTRUCTION PROJECT RULES › Section 17:19-6.5 - Criteria required for electronic procurement processes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The electronic procurement processes
				employed in the advertisement, bidding, and award of contracts for State public
				works construction shall meet the following:
1. Allow for a business or company that
				creates or provides software to effectuate electronic procurement to provide
				those services pursuant to N.J.S.A. 52:34-1et seq., if the business or company
				has prior experience providing electronic procurement services to the State and
				to other public entities including, but not limited to, experience prior to the
				effective date of
				N.J.S.A.
				52:34A-1et seq.;
2. Allow State contracting units to advertise
				bids and distribute bidding documents, including plans and
				specifications;
3. Be a closed loop
				system that allows contractors, vendors, and bidders, to receive bid
				solicitations and documentation, as well as submit bids
				electronically;
4. Provide a
				digital lockbox that ensures bid information cannot be accessed by a
				third-party before the bid deadline, including an electronic bidding servicer
				or the State;
5. Allow bids to be
				encrypted upon submission and when in the digital lockbox;
6. Use digital signature technology and
				provide for identity verification;
7. Allow for electronic bid
				validation;
8. Allow bids to be
				withdrawn and resubmitted by the vendor or bidder at any point up to the
				published bid deadline;
9. Allow
				addenda and bulletins to be issued electronically with addenda and bulletins
				automatically applied to the online bid form;
10. Provide capabilities to create and edit
				templates of bid forms;
11. Provide
				the means for the State to require data types including, but not limited to,
				numeric prices;
12. Alert
				contractors, vendors, and bidders of missing required data;
13. Provide email notification to
				contractors, vendors, and bidders of issuance of bid advertisement, bulletins,
				and addenda;
14. Identify
				classification or commodity codes, as required by the contracting agency to
				allow for targeted notifications to contractors, vendors, and
				bidders;
15. Provide system
				implementation services and training to State contracting units at no cost;
				and
16. Offer scheduled training
				webinars for contractors, vendors, and bidders at no cost.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 17:20-1.1 - Scope and interpretation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in
				this chapter shall be interpreted consistent with the purpose of the State
				Lottery Law,
				N.J.S.A. 5:9-1et
				seq., and the direction that the State Lottery shall produce the maximum amount
				of State revenue for State institutions and State aid for education consonant
				with the dignity of the State and the general welfare of the people.
(b) Any decision as to the construction or
				interpretation of these rules shall be made by the Director of the Division of
				the State Lottery, and such interpretation or construction is final and
				binding.
(c) In the event of a
				conflict between these rules and the rules of a specific lottery game, the
				specific game rules shall govern.
(d) These rules have been drafted to avoid
				repetition of statutory material and rules governing specific games. These
				materials, along with contracts and directives from the Lottery, should be read
				to determine the rights, duties, and powers of the banks, agents, customers,
				and the Lottery.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 17:20-1.2 - Erroneous or mutilated tickets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Gaming system
				generated lottery tickets mutilated in any way shall be void.
(b) Instant Game tickets that are stolen,
				unissued, unreadable, mutilated, altered, counterfeit in whole or in part,
				miscut, misregistered, multiply-printed, defective, printed or produced in
				error, blank or partially blank shall be void, as permitted by game
				rules.
(c) Unless a mutilated
				ticket is proven to the satisfaction of the Director to be genuine, no credit
				will be issued to the agent.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 17:20-1.3 - Persons prohibited from purchasing tickets or shares

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition
				to those affected by
				N.J.S.A.
				5:9-16, the following are prohibited from
				purchasing tickets or shares in any New Jersey State Lottery and no prize shall
				be paid to:
1. Any Lottery
				commissioner;
2. Any officer or
				employee of the State, or State contracted vendor, who participates in the
				design, manufacture, or oversight of a New Jersey Lottery game;
3. Any person residing in the principal place
				of abode of such commissioner, officer, or employee, excepting a tenant not
				related by blood or marriage; or
4.
				Any individual identified as courier service personnel, including any owner,
				partner, shareholder holding 10 percent or more of company stock, and employee
				of a courier service. Additionally, any person residing in the principal place
				of abode of such courier service personnel is prohibited from purchasing
				tickets.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 17:20-1.4 - Background investigations as a condition of employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division may conduct background inquiries on candidates for Division positions,
				and on other individuals seeking access to secure areas of the Division's
				offices, to ensure that only qualified individuals of good character are
				appointed, or given access to secure areas of the Division's offices, and to
				ensure that information contained on Division employment applications is
				accurate and complete. The inquiry shall be conducted and the acquired
				information shall be kept confidential in accordance with any applicable laws
				(and, in the case of applicants for employment, in accordance with the Civil
				Service Act ( 11A:1-1 et seq.)), and may include, but is not limited to, the
				following:
1. Appropriate criminal background
				investigation checks;
2.
				Confirmation of employment and background checks on the reasons for the
				separation;
3. Contacting
				references, as required;
4. In the
				case of candidates for employment, confirmation of any education listed on a
				candidate's application; and
5. In
				the case of candidates for employment, other inquiries, including interviews,
				which stem from the above inquiries and which directly relate to criminal
				convictions or pending charges, employment history, references, education, or
				other qualifications for the position sought.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 17:20-1.5 - Internet sales of lottery tickets by the Division of State Lottery

Current through Register Vol. 56, No. 14, July 15, 2024
The Division may directly sell tickets for draw-based games,
				  to customers located in New Jersey at the time of purchase, through the New
				  Jersey Lottery webpage and/or mobile application(s). Each such sale shall be
				  recorded on the gaming system with a unique ticket identification number and
				  associated with the purchasing customer. The unique ticket identification
				  number for each such purchase shall serve as the purchasing customer's record
				  of such purchase and as a ticket for all purposes pursuant to this
				  chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 3 - DIRECTOR › Section 17:20-3.1 - Disputes over ownership or validity of winning tickets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the
				event that a dispute arises involving the ownership of a winning ticket or the
				validity of such a ticket, the Director shall treat the matter as a contested
				case within the meaning of the Administrative Procedures Act,
				N.J.S.A.
				52:14B-1et seq., and 52:14F-1 et seq., and
				N.J.A.C. 1:1. Such treatment shall also be afforded with respect to the denial
				of a claim of entitlement to a lottery prize, in the Director's
				discretion.
(b) Agents or courier
				services may be required to assist in disputes over ownership or validity of
				winning tickets and shall be required to provide information or data to the
				Division.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.1 - Agent application; form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				wishes to be licensed as an agent by the Division of the State Lottery must
				first file a "Request for Evaluation" from the Division. Upon receipt of such
				request, the Director shall cause a preliminary investigation to be made. If
				the investigation discloses reasons why the requesting party or the involved
				location is unsuitable for licensing based on the standards set forth in the
				Act and this chapter, no application shall be issued, and the requesting party
				shall be so informed. Such action shall be tantamount to the denial of an
				application for purposes of
				N.J.A.C.
				17:20-5.3.
(b) The Director may prescribe forms of
				application to call for such information as may be deemed necessary or helpful
				in evaluating the factors for licensing as set forth in the Act and this
				chapter.
(c) An applicant for
				licensure shall divulge any previous application to or licensure with the New
				Jersey State Lottery or any other State agency, along with any record of
				arrests or convictions in this or any other State.
(d) The application process shall include
				such consents to credit checks, criminal record searches, and such other
				waivers and release provisions as may be required by the Director to assure a
				full and complete review of the application.
(e) An applicant who is denied a lottery
				license shall not reapply for a period of one year. However, the Director may,
				if conditions which were the basis for the denial change, allow the applicant
				to reapply in less than one year.
(f) All applicants must report to the
				Director any change in status, such as ownership, control, address or other
				data relevant to licensure, within 10 days of occurrence.
(g) All officers and shareholders shall be
				disclosed and listed on an Application for License or a License Renewal
				Application with the percentage of shares owned by each. The Corporate
				Identification number and Federal Identification number including all New
				Jersey Division of Taxation assigned suffixes shall also be noted. Failure to
				disclose the aforementioned information shall be cause for denial of a New
				Jersey Lottery license under
				17:20-5.1(a)1.
(h) All applicants shall provide a copy of a
				valid Business Registration Certificate issued by the New Jersey Department of
				the Treasury, Division of Revenue and Enterprise Services.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.2 - Ineligibility of minors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person under
				the age of 21 shall make application to become, or be licensed as an
				agent.
(b) No person under the age
				of 18 shall operate a lottery terminal, sell, validate, and redeem tickets, or
				participate in any lottery operation or transaction.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.3 - Review of agent application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of
				an application that appears to be complete and in order, the Director shall
				subject it to a thorough review, including:
1. Verification of references;
2. A check of credit reporting sources, other
				State departments and agencies and criminal justice agencies;
3. A separate marketing study that may
				include (but need not be limited to) the following factors:
i. The applicant's hours of
				operation;
ii. The types of
				businesses in which the applicant engages;
iii. The presence or absence of similar types
				of businesses among nearby agents;
iv. The distance from the applicant's
				location to nearby agents;
v.
				Traffic patterns, parking access, store type and other factors which affect
				public access;
vi. The potential
				for increased ticket sales, which may be arrived at by comparing 13-week
				average sales for agents in the applicant's municipality with the Statewide
				per-agent average for the same time period or by analyzing the public
				cross-section frequenting establishments of the applicant's type, or by
				analysis of the other geodemographic data; and
vii. The applicant's business experience and
				marketing attitude; and
4. Such other procedures as may be needed to
				substantiate the moral character of the applicant and key personnel and the
				ability of the applicant to satisfy the other licensing criteria as set forth
				in the Act and in this chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.4 - Issuance of agent license; conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director
				may license an applicant to be an instant-only agent or a machine agent as the
				facts and circumstances may warrant. Before issuing a license, the Director
				shall provide training to all applicants and key personnel to the extent the
				Director deems appropriate, and shall require that training be administered to
				such persons as will best preserve the integrity and most effective operation
				of the Lottery. Training shall cover machine operations, handling of instant
				tickets, redemption and settlement procedures and all other aspects of
				transacting business as an agent of the Lottery.
(b) The Director may grant a license subject
				to such conditions as may reasonably assure satisfaction of the licensing
				criteria set forth in the Act and this chapter.
(c) The Director may grant a license for a
				trial period, subject to further review and evaluation.
(d) No license shall be issued to an
				applicant whose business primarily involves:
1. The sale, rental or display of sexually
				explicit material; or
2. The sale
				of literature or equipment dealing with the cultivation or use of controlled
				dangerous substances.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.5 - Agent license renewal

Current through Register Vol. 56, No. 14, July 15, 2024
The Director shall require license renewal applications on a
				  biennial basis to insure continuing compliance with the Act and with this
				  chapter. The agent shall provide such other information as the Director may
				  deem necessary for the proper administration of the Division's activities.
				  Information required by the Division shall include tax, employment, credit
				  history, criminal history and wage records from both private and governmental
				  agencies. The Lottery may procure and exchange information with other agencies
				  regarding information required of applicants or agents as provided by
				  law.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.6 - Display of agent license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every agent
				shall prominently display in an area visible to the general public:
1. The Lottery license;
2. Lottery promotional materials;
3. Betting slips;
4. Game flyers; and
5. Other related circulating
				material.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.7 - Bonding of agents

Current through Register Vol. 56, No. 14, July 15, 2024
The Director may require a non-refundable annual bonding fee
				  from any or every licensed location. For agents operating less than a full
				  calendar year, the fee may be determined proportionately.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.8 - Conversion of agents

Current through Register Vol. 56, No. 14, July 15, 2024
The Director may, in the exercise of discretion, convert any
				  licensed location from an instant-only agent to a machine agent, or vice
				  versa.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.9 - Sale of tickets at specific agent locations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				agent shall not sell tickets at any location other than that which is specified
				in the license. All transactions involved in the sale of said tickets shall
				occur at the licensed location, and not elsewhere, but the holder of a winning
				ticket need not redeem such ticket at the place of purchase.
(b) Notwithstanding the provisions of (a)
				above, the Director may authorize additional temporary locations under the
				existing license, in accordance with the provisions of this chapter. Such
				authorization shall be in writing and shall be displayed at such temporary
				locations.
(c) An agent shall only
				accept official New Jersey Lottery bet slips that are handmarked and manually
				completed. Facsimiles and laser printed bet slips shall not be accepted. The
				Director may authorize other means to convey numbers requested by a lottery
				player to generate tickets from a lottery terminal.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.10 - Special or seasonal lottery agents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director
				may, upon proper application, license special or seasonal lottery
				agents.
(b) A special license may
				be issued subject to such special conditions or limitations as the Director in
				the exercise of discretion may deem prudent, consistent with the dignity of the
				State, the general welfare of the people and the dignity and integrity of the
				Lottery.
(c) These limitations or
				conditions may include, but are not limited to the following:
1. Length of licensure period;
2. Hours of sale;
3. Location;
4. Specific persons who may sell tickets;
				or
5. Specific sporting,
				charitable, social, or other special events where tickets may be
				sold.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.11 - Changes and transfers of ownership (of agent licensed premises)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				Lottery license issued pursuant to these regulations is not transferable
				without the prior approval of the Director.
(b) The Director shall be notified in writing
				at least 30 days prior to any change in ownership of the following: a sole
				proprietorship, corporate stock transfer of 10 percent or more or change in the
				ownership interest of a limited liability company of 10 percent or more.
				Immediate written notice is also due when an agent lists, advertises or offers
				for sale the primary business. Failure to comply with this requirement may
				result in immediate suspension or revocation.
(c) The new owner(s) of such a business may
				be issued a temporary license for a period not to exceed 90 days during which
				an application for licensure may be filed and reviewed, provided that the
				Division has received timely notice as described above.
(d) No agent shall advertise or make any
				representation to potential buyers of the business that the Lottery license
				shall be transferred with the sale or assignment or lease of the business. No
				advertisement, offer, representation, binder, or contract shall include any
				reference to a Lottery license, status as an affiliate agent, or Lottery
				business.
(e) The Director may set
				a date on which responsibility passes from the current agent to the prospective
				agent with respect to obligations to and compensation from the Lottery. Such
				date may be the closing date submitted to the Division by the parties. The
				Director may also establish other procedures to facilitate such
				events.
(f) An agent shall notify
				the Director within five days of receipt of any notice received or served
				pertaining to an eviction or foreclosure of the licensed premises.
(g) Any holder of a financial interest in a
				mortgage, lease, or rental agreement of a licensed premise shall notify the
				Director of any intention or attempt to evict or foreclose on the agent
				immediately upon commencing such action for eviction or foreclosure.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 4 - LOTTERY AGENT APPLICATION AND LICENSE › Section 17:20-4.12 - Merchant of record

Current through Register Vol. 56, No. 14, July 15, 2024
The registered courier service is the merchant of record on
				  the Lottery's behalf in connection with processing certain lottery product
				  transactions
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 5 - DENIAL, REVOCATION, OR SUSPENSION OF AGENT LICENSE OR COURIER SERVICE REGISTRATION › Section 17:20-5.2 - Termination procedures agents and courier services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				termination of an agent's license by revocation, resignation, non-renewal of
				license, or cessation of operations for any other reason, the agent shall
				appear on a date and at a location designated by the Director to render a final
				lottery accounting and surrender the license and other lottery property,
				including, but not limited to:
1.
				Signage;
2. Decals;
3. Point of sale material;
4. Bet slips;
5. Lottery terminal;
6. Instant tickets;
7. Ticket dispenser; and
8. Any other items provided by the Lottery to
				the agent and all physical references to the Lottery.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 5 - DENIAL, REVOCATION, OR SUSPENSION OF AGENT LICENSE OR COURIER SERVICE REGISTRATION › Section 17:20-5.3 - Disciplinary procedures for agents and courier services

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Disciplinary action shall follow a progression, depending on the frequency
				and/or severity of the infraction and the history of the agent or courier
				service. Disciplinary action will usually start with a reprimand, and/or an
				informational conference and/or imposition of a civil penalty. Disciplinary
				actions may include requiring the agent or courier service to submit a plan of
				correction for the Director's approval that complies with the State Lottery
				Law, the Courier Service Act, and this chapter, and to submit to unannounced
				verification of compliance with the plan of correction.
(b) In the case of a decision to suspend an
				agent license or courier service registration, the agent or courier service
				shall be notified of the reason for suspension. In addition, the agent or
				courier service shall be afforded an opportunity for an informational
				conference and/or hearing.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 5 - DENIAL, REVOCATION, OR SUSPENSION OF AGENT LICENSE OR COURIER SERVICE REGISTRATION › Section 17:20-5.4 - Hearings for agents and courier services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Director may personally hold hearings required by law and any person entitled
				to a hearing shall receive one upon proper request. All hearings shall be
				conducted pursuant to the Administrative Procedure Act,
				N.J.S.A.
				52:14B-1et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1. Where the suspension has been
				instituted summarily, the agent or courier service shall be entitled to a
				hearing on an expedited basis.
(b)
				The request for a hearing shall:
1. Be in
				writing, signed by the petitioner or attorney on behalf of the petitioner and
				include the petitioner's mailing address.
2. Specify the ruling, action or matter on
				which the hearing is requested and indicate what relief is desired.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 5 - DENIAL, REVOCATION, OR SUSPENSION OF AGENT LICENSE OR COURIER SERVICE REGISTRATION › Section 17:20-5.5 - Reapplication for agent license and courier service registration after revocation

Current through Register Vol. 56, No. 14, July 15, 2024
Any agent whose license or courier service whose registration
				  has been revoked shall not reapply for one year from the date of the written
				  revocation except where the Director in the exercise of discretion determines
				  that the conditions underlying the revocation have been remedied. Any
				  application submitted by such an agent or courier service shall, in addition to
				  the other application requirements set forth in this chapter, specifically
				  address how the applicant has addressed the noncompliance with the State
				  Lottery Law, the Courier Services Act, or this chapter that was the reason for
				  the prior license/registration revocation
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 5 - DENIAL, REVOCATION, OR SUSPENSION OF AGENT LICENSE OR COURIER SERVICE REGISTRATION › Section 17:20-5.6 - Permanent revocation of agent license or courier service registration

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding the provisions of N.J.A.C. 17:20-1 through 9,
				  the Director is empowered to revoke any agent's license or courier service
				  registration permanently for acts impairing the integrity and security of the
				  Lottery
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 6 - AGENT DISTRIBUTION AND SALE OF TICKETS AND DEPOSIT OF LOTTERY MONIES › Section 17:20-6.1 - Distribution of tickets; conduct of business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				agent may delegate authority to an employee regarding transactions with the
				Lottery or distribution network. However, the agent shall remain, at all times,
				liable to the Lottery regardless of what the agent's delegate may do or fail to
				do.
(b) The Director may issue an
				identification card to any agent which, if issued, must be displayed whenever
				the agent transacts business with the Lottery contracted vendor.
(c) The agent accepts all tickets in trust
				for the Lottery. Tickets in the hands of an agent are the agent's sole
				responsibility and it is the agent's sole duty as a fiduciary of the Lottery
				either to return the tickets to the Lottery within the specified time or to
				remit the face value of the tickets to the Lottery, less any commissions,
				bonuses and reimbursements for redeemed tickets to which the agent is entitled.
				Tickets shall remain the property of the Lottery. The agent understands that
				this is an express trust relationship between the Lottery and the agent with
				respect to tickets and sale proceeds and any failure to remit the face value of
				the tickets to the Lottery, less any commissions, bonuses and reimbursements
				for redeemed tickets to which the agent is entitled, will be considered a fraud
				or defalcation by a fiduciary.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 6 - AGENT DISTRIBUTION AND SALE OF TICKETS AND DEPOSIT OF LOTTERY MONIES › Section 17:20-6.2 - Agent sale, redemption, and retention of tickets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At all
				times during normal business hours, agents shall make current tickets available
				for sale to the public, and shall, within the limits set forth by law and these
				rules, redeem all winning tickets by payment of cash or check to the
				holder.
(b) The agent shall sell
				only authorized New Jersey State tickets. No other tickets for any other
				lottery or facsimiles thereof shall be sold by any agent.
(c) The agent shall not deactivate the
				machine during hours of operation approved for licensure without prior
				permission of the Director.
(d) No
				person under the age of 18 may sell a ticket or share.
(e) No person shall sell a ticket or share at
				a greater or lesser price than that fixed by individual game rules.
(f) Ticket sales shall not be combined with
				the sale of any other product or service without the express written approval
				of the Director. This prohibition shall not apply to promotions, conducted
				entirely at the expense of the agent, involving non-winning tickets, tickets
				for which the drawing date or claiming period has expired, or other tickets
				that no longer have value for lottery purposes.
(g) Notwithstanding (f) above, the Director
				may, in accordance with the provisions of this chapter, approve special
				promotions that are proposed by agents that may include the sale of tickets at
				less than face value. The agent shall remain liable to the Lottery for the face
				value of all tickets sold or distributed.
(h) Winning tickets less than $ 600 shall be
				destroyed upon redemption.
(i)
				Canceled tickets shall be held for a period of 13 months from the date of the
				relevant drawing.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 6 - AGENT DISTRIBUTION AND SALE OF TICKETS AND DEPOSIT OF LOTTERY MONIES › Section 17:20-6.3 - Agent deposit of lottery monies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Agents,
				including affiliate agents, shall remit net lottery receipts to the bank on the
				dates specified by the lottery. Affiliate agents are additionally required to
				collect the net lottery receipts from their associated courier service in
				sufficient time to deposit the funds in said bank by the dates specified by the
				lottery. Notwithstanding the rules of any specific game to the contrary, the
				Director may, in the exercise of discretion, require the agent to account fully
				for any and all tickets issued to that agent and to remit immediately all sums
				due the Lottery.
(b) Monies
				received by an agent from the sale of tickets are the property of the Lottery
				and are held by the agent in trust for the Lottery. The agent shall immediately
				segregate all monies received from the sale of tickets, and shall hold such
				monies in express trust for the Lottery in a bank account specifically
				designated as a New Jersey Lottery account.
(c) The agent shall be absolutely liable for
				payment of such monies to the Lottery notwithstanding the degree of care
				exercised with respect to such monies by the agent.
(d) The agent shall keep current records of
				all operations in conformity with the Act and this chapter, and such other
				instructions as may be issued by the Director.
(e) All agent lottery operations, reports,
				and records shall be subject, upon demand, to inspection and audit by
				representatives of the Lottery, but such reports and records shall remain
				confidential for all other purposes except income tax reporting required by
				law.
(f) The bank shall provide the
				Lottery with a statement of all transactions as required.
(g) Net settlements due to the Lottery shall
				bear interest at the legal rate from the date payment is due until it is
				received by the Lottery; however, the Director may establish grace periods for
				payment without the accrual of such interest.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 6 - AGENT DISTRIBUTION AND SALE OF TICKETS AND DEPOSIT OF LOTTERY MONIES › Section 17:20-6.4 - Agent lost, stolen, or canceled tickets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Agents
				are responsible to the Lottery for lost, damaged, destroyed, stolen, improperly
				canceled tickets or missing lottery receipts and tickets notwithstanding the
				degree of care that they may have exercised with regard to the tickets and
				receipts.
(b) Agents are
				responsible to the Lottery for the consequences of the loss of tickets, the
				improper cancellation of tickets, or for other breaches of these rules or game
				rules. Such responsibility includes reimbursement to the Lottery for prizes
				paid to ticket holders.
(c) Agents
				shall report to the Lottery within two hours of discovery regarding any theft
				from, or unauthorized entry upon, licensed premises, whether or not any lottery
				monies or property appear to be missing at the time and shall supplement such
				report regarding any lottery monies and property (including full and partial
				pack numbers and ticket sequence numbers) that are missing.
(d) No prize shall be paid to any agent with
				respect to stolen tickets or regarding unclaimed winning tickets unless the
				Director so determines.