reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES › Subchapter 8 - CONSERVATORSHIP › Section 19:43A-8.4 - Bonding of conservators

Current through Register Vol. 56, No. 14, July 15, 2024
Every conservator shall, before assuming his or her
					 duties, execute and file a bond for the faithful performance of his or her
					 duties payable to the Commission in the office of the Commission with such
					 surety or sureties and in such form as the Commission shall approve and in such
					 amount as the Commission shall prescribe.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES › Subchapter 8 - CONSERVATORSHIP › Section 19:43A-8.5 - Powers of multiple conservators

Current through Register Vol. 56, No. 14, July 15, 2024
When more than one conservator is appointed, the
					 provisions of this subchapter applicable to one conservator shall be applicable
					 to all and the debts and property of the former or suspended licensee may be
					 collected and received by any of them and the powers and rights conferred upon
					 them shall be exercised by a majority of them.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES › Subchapter 8 - CONSERVATORSHIP › Section 19:43A-8.6 - Powers and jurisdiction of the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of the commencement of a
				  conservatorship action, or at any time thereafter, the Commission shall have
				  the power to enjoin the former or suspended licensee from exercising any of its
				  privileges and franchises, from collecting or receiving any debts, and from
				  paying out, selling, assigning, or transferring any of its property to other
				  than a conservator, except as the Commission may otherwise order.
(b) A conservator shall at all times be
				  subject to the Act and such rules, regulations, limitations, restrictions,
				  terms, and conditions as the Commission may from time to time
				  prescribe.
(c) The Commission shall
				  have such further powers as shall be appropriate for the fulfillment of the
				  purposes of the Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES › Subchapter 8 - CONSERVATORSHIP › Section 19:43A-8.7 - Effect of the conservatorship on licensed casino operation

Current through Register Vol. 56, No. 14, July 15, 2024
Except as may be otherwise provided in the Act, during the
					 period of conservatorship the casino operation in the form of the
					 conservatorship shall be deemed a licensed casino operation and any reference
					 in the Act or rules to any obligations or responsibilities incumbent upon a
					 casino licensee or those persons dealing with, affiliated with, having an
					 interest in, or employed by a casino licensee shall be deemed to apply to said
					 casino operation.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES › Subchapter 8 - CONSERVATORSHIP › Section 19:43A-8.8 - Powers, authorities, and duties of conservators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon his or her appointment, the
				  conservator shall become vested with the title of all the property of the
				  former or suspended licensee relating to the casino and the approved hotel,
				  subject to any and all valid liens, claims, and encumbrances.
(b) The conservator shall have the duty to
				  conserve and preserve the assets so acquired to the end that such assets shall
				  continue to be operated on a sound and business-like basis.
(c) Subject to the general supervision of the
				  Commission and pursuant to any specific order it may deem appropriate, a
				  conservator shall have power to:
1. Take into
				  his or her possession all the property of the former or suspended licensee
				  relating to the casino and the approved hotel, including its books, records,
				  and papers;
2. Institute and defend
				  actions by or on behalf of the former or suspended licensee;
3. Settle or compromise with any debtor or
				  creditor of the former or suspended licensee, including any taxing
				  authority;
4. Continue the business
				  of the former or suspended licensee and to that end enter into contracts,
				  borrow money, and pledge, mortgage, or otherwise encumber the property of the
				  former or suspended licensee as security for the repayment of the conservator's
				  loans; provided, however, that such power shall be subject to any provisions
				  and restrictions in any existing credit documents;
5. Hire, fire, and discipline
				  employees;
6. Review all
				  outstanding agreements to which the former or suspended licensee is a party
				  that fall within the purview of Section 104.b of the Act and advise the
				  Commission as to which, if any, of such agreements should be the subject of
				  scrutiny, examination, or investigation by the Commission; and
7. Do all further acts as shall best fulfill
				  the purposes of the Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES › Subchapter 8 - CONSERVATORSHIP › Section 19:43A-8.9 - Compensation of conservators and others

Current through Register Vol. 56, No. 14, July 15, 2024
In any conservatorship action, the Commission shall allow
					 a reasonable compensation for the services, costs, and expenses of the
					 conservator, the attorney for the conservator, the appraiser, the auctioneer,
					 the accountant, and such other persons as the Commission may appoint in
					 connection with the conservatorship action.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES › Subchapter 8 - CONSERVATORSHIP › Section 19:43A-8.10 - Required reports of the conservator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A conservator shall file with the
				  Commission such reports with regard to the administration of the
				  conservatorship in such form and at such intervals as the Commission or the
				  Chairman may prescribe.
(b) The
				  reports of a conservator to the Commission pursuant to this section shall be
				  available for examination and inspection by any creditor or party in
				  interest.
(c) The Commission may
				  direct that copies of any such reports of a conservator to the Commission
				  pursuant to this section be mailed to such creditors or other parties in
				  interest as it may designate and that summaries of any such reports be
				  published in such newspapers of general circulation as it may
				  designate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES › Subchapter 8 - CONSERVATORSHIP › Section 19:43A-8.11 - Review of action of conservator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any creditor or party in interest
				  aggrieved by any alleged breach of a fiduciary obligation of a conservator in
				  the discharge of his or her duties shall be entitled to a review thereof upon
				  petitioning the Commission in writing. Such petition shall set forth in detail
				  the pertinent facts and the reasons why such facts constitute the alleged
				  breach.
(b) The Commission shall
				  summarily review any petition filed pursuant to this section and take whatever
				  action, if any, that it deems appropriate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES › Subchapter 8 - CONSERVATORSHIP › Section 19:43A-8.12 - Payment of net earnings during the period of conservatorship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No payment of
				  net earnings during the period of conservatorship may be made by the
				  conservator without the prior approval of the Commission.
(b) Subject to (c) below, the Commission
				  shall direct the payment of net earnings, or any portion thereof, to the Casino
				  Revenue Fund unless the Commission determines that the policies of the Act and
				  public confidence in the integrity of legalized gaming operations would not be
				  eroded by the payment of such net earnings to the former or suspended
				  licensee.
(c) Notwithstanding any
				  other provision of this section, the former or suspended licensee shall be
				  entitled to a fair rate of return out of net earnings, if any, during the
				  period of conservatorship on the property retained by the conservator, taking
				  into consideration that which amounts to a fair rate of return in the casino
				  industry or the hotel industry, as the case may be.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES › Subchapter 8 - CONSERVATORSHIP › Section 19:43A-8.13 - Payments following a bulk sale

Current through Register Vol. 56, No. 14, July 15, 2024
Following any sale, assignment, conveyance, or other
					 disposition in bulk of all the property subject to the conservatorship, the net
					 proceeds therefrom, if any, after payment of all obligations owing to the State
					 of New Jersey and political subdivisions thereof and of those allowances set
					 forth in the Act, shall be paid by the conservator to the former or suspended
					 licensee.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 43A - CASINO LICENSEES › Subchapter 8 - CONSERVATORSHIP › Section 19:43A-8.14 - Discontinuation of conservatorship

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  The Commission shall direct the discontinuation of any conservatorship action
				  when the conservator has, pursuant to the Act and with the prior approval of
				  the Commission, consummated the sale, assignment, conveyance, or other
				  disposition in bulk of all the property of the former licensee relating to the
				  casino and the approved hotel.
(b)
				  The Commission may direct the discontinuance of a conservatorship action when
				  it determines that for any reason the cause for which the action was instituted
				  no longer exists.
(c) Upon the
				  discontinuation of the conservatorship action and with the approval of the
				  Commission, the conservator shall take such steps as may be necessary in order
				  to effect an orderly transfer of the property of the former or suspended
				  licensee.
(d) The sale, assignment,
				  transfer, pledge, or other disposition of the securities issued by a former or
				  suspended licensee during the pendency of a conservatorship action shall
				  neither divest, have the effect of divesting, nor otherwise affect the powers
				  conferred upon a conservator by the Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 1 - ORGANIZATION › Section 19:61-1.1 - Scope of rules

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter shall constitute the practices
					 and procedures of the State Ethics Commission and shall govern the activities
					 of the Commission pursuant to
					 52:13D-12 et seq.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 1 - ORGANIZATION › Section 19:61-1.2 - Meetings and offices

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall meet at the call of its Chair upon
					 not less than three days notice to members thereof. The Commission may maintain
					 offices in such place or places as it may deem advisable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 1 - ORGANIZATION › Section 19:61-1.3 - Presiding member

Current through Register Vol. 56, No. 14, July 15, 2024
The Chair shall preside, but in case of absence or
					 inability to serve, the Vice Chair shall temporarily preside in his or her
					 stead. In the absence of both, the senior member attending shall preside.
					 Seniority of the members of the Commission shall be determined by the order of
					 their respective appointments to the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 1 - ORGANIZATION › Section 19:61-1.4 - Quorum

Current through Register Vol. 56, No. 14, July 15, 2024
A quorum shall consist of a simple majority of the current
					 members of the Commission. If the number of members is an even number, a quorum
					 shall be half the number of current members plus one. If a quorum does not
					 attend a session of the Commission, the presiding member shall adjourn the
					 Commission, or, in the absence of all the members, the Executive Director or
					 his or her designee shall adjourn the Commission from day to day.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 1 - ORGANIZATION › Section 19:61-1.5 - Executive or open meetings

Current through Register Vol. 56, No. 14, July 15, 2024
Meetings of the Commission, including open and executive
					 sessions, shall be conducted in compliance with the provisions of the Open
					 Public Meetings Act,
					 10:4-6 et seq.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 1 - ORGANIZATION › Section 19:61-1.6 - Majority vote

Current through Register Vol. 56, No. 14, July 15, 2024
No determination of the Commission shall be rendered
					 unless supported by the vote of members constituting a majority of the quorum
					 present. Minutes of Commission meetings may be approved by a majority of
					 members.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 1 - ORGANIZATION › Section 19:61-1.7 - Conflict with agency rules

Current through Register Vol. 56, No. 14, July 15, 2024
Any conflict between the rules established by the
					 Commission and those developed by the various State agencies to implement their
					 respective supplemental codes of ethics shall be resolved in favor of the rules
					 established by the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 1 - ORGANIZATION › Section 19:61-1.8 - Enlargement of time

Current through Register Vol. 56, No. 14, July 15, 2024
A reasonable extension of time for the taking of any
					 action for which these rules prescribe a time limitation may be granted by the
					 Commission upon a clear showing of good cause and the absence of prejudice.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 1 - ORGANIZATION › Section 19:61-1.9 - Administrative head

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission may appoint an Executive Director who shall
					 serve as the administrative head of the Commission. In the absence of an
					 administrative head, the Chair may designate an individual to serve as acting
					 administrative head.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 1 - ORGANIZATION › Section 19:61-1.10 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
"Chair" and "Vice Chair" shall mean the members of the
					 Commission designated by the Governor to serve as the Chair and Vice Chair
					 thereof.
"Cohabitant" shall mean any person who is actually residing
					 with the State official.
"Commission" shall mean the State Ethics Commission
					 continued and established in but not of the Department of Law and Public Safety
					 by the provisions of
					 52:13D-12 et seq.
"Financial disclosure statement" means a comprehensive
					 statement of assets, liabilities, business interests and sources of income
					 which persons occupying certain positions in State government are required to
					 file annually with the Commission pursuant to statute or Executive
					 Order.
"Person" means any natural person, government entity,
					 association, organization, firm, partnership or corporation.
"Preliminary investigation" means the investigative process
					 undertaken by the Commission and/or its staff and/or a State agency's ethics
					 liaison officer or State agency's ethics committee with regard to an allegation
					 prior to review of and final action on the allegation by the Commission at a
					 public meeting, pursuant to either
					 19:61-3.1(h) or
					 (i).
"Relative" shall mean an individual's spouse, civil union
					 partner, or domestic partner, or the individual's or spouse's, civil union
					 partner's, or domestic partner's parent, child, brother, sister, aunt, uncle,
					 niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law,
					 stepparent, stepchild, stepbrother, stepsister, half brother or half sister,
					 whether the relative is related to the individual or the individual's spouse,
					 civil union partner, or domestic partner by blood, marriage or adoption.
"State agency" means any of the principal departments in
					 the Executive Branch of the State government, and any division, board, bureau,
					 office, commission or other instrumentality within or created by such
					 department, and to the extent consistent with law, any interstate agency to
					 which New Jersey is a party and any independent State authority, commission,
					 instrumentality or agency. A county or municipality shall not be deemed an
					 agency or instrumentality of the State.
"State official" shall mean any State officer or employee
					 or special State officer or employee as defined in the Conflicts of Interest
					 Law, 52:13D-13(b) and
					 (e).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 2 - JURISDICTION › Section 19:61-2.1 - Jurisdiction of the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  jurisdiction of the Commission shall extend to those situations arising under
				  the provisions of
				  52:13D-12 et seq., involving
				  current and former State officials of the Executive Branch of the government,
				  compensated members of the office staff of the Governor-elect, and as granted
				  under the provisions of Executive Orders and any other statutes; and the
				  Commission shall also have jurisdiction to enforce the provisions of
				  5:12-58, 59, and 60.
(b) All determinations made by State agencies
				  with regard to the Conflicts of Interest Law or a Code of Ethics shall be filed
				  with the Commission. It shall be within the discretion of the Commission to
				  review said determinations and affirm, reverse or modify same.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 2 - JURISDICTION › Section 19:61-2.2 - Codes of ethics

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Commission shall adopt a uniform ethics code to govern and guide the conduct of
				  State officials. The uniform code shall be the primary code of ethics for State
				  agencies.
1. Each State agency shall put into
				  place a distribution procedure to ensure that each current State official and
				  each new State official receives a copy of the uniform ethics code. Each State
				  official shall sign a receipt indicating the date on which the uniform ethics
				  code was received and an acknowledgment that the State official is responsible
				  for reading the uniform ethics code and is bound by it. The receipt shall be
				  maintained in the State official's personnel file.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 2 - JURISDICTION › Section 19:61-2.3 - Plain Language Ethics Guide

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Commission shall prepare a plain language ethics guide which provides a clear
				  and concise summary of the laws, regulations, codes, orders, procedures,
				  advisory opinions and rulings concerning ethical standards applicable to State
				  officials. The guide shall be prepared to promote ethical day-to-day decision
				  making, to give general advice regarding conduct and situations, to provide
				  easy reference to sources, and to explain the role, activities and jurisdiction
				  of the Commission.
(b) Each State
				  agency shall put into place a distribution procedure to ensure that each
				  current State official and each new State official receives a copy of the plain
				  language ethics guide, reviews it and understands its provisions.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 2 - JURISDICTION › Section 19:61-2.4 - Procedure where Commission is without jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever it shall appear that the Commission is without
					 jurisdiction over a matter brought before it, the Commission's staff shall so
					 notify the person bringing the matter, and, where possible, forward the matter
					 to the proper agency for further action.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 2 - JURISDICTION › Section 19:61-2.5 - Access to documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Financial
				  disclosure statements identified for public access on the Commission's website,
				  pursuant to
				  52:13D-21(n),
				  pleadings related to a complaint, all final orders, decisions and formal
				  Commission opinions shall be maintained by the Commission as documents
				  available to the public. Requests for formal Commission advisory opinions and
				  replies to requests for advisory opinions may be made available to the public
				  after consideration by the Commission.
(b) Any person shall, upon request, be
				  afforded an opportunity to examine a document, or a photocopy of any document,
				  so maintained at the Commission offices, between 9:00 A.M. and 4:00 P.M. on
				  business days.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 2 - JURISDICTION › Section 19:61-2.6 - Copies of documents; fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Photocopies
				  of documents maintained by the Commission pursuant to
				  19:61-2.5 shall be provided in
				  accordance with the procedures and fees set forth in
				  47:1A-1 et seq.
(b) Fees for photocopies shall be due and
				  payable at such time as the photocopies have been prepared.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 3 - PROCEEDINGS › Section 19:61-3.1 - Allegations; procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				  allegation received by the Commission shall be reviewed by the Commission's
				  staff for an initial determination as to whether the alleged conduct falls
				  within the jurisdiction of the Commission.
1.
				  It shall be within the discretion of the Commission's staff to transfer those
				  allegations involving the alleged violation of the Uniform Ethics Code or a
				  supplemental ethics code, rule, or regulation promulgated by a State agency, to
				  that agency for disposition in accord with its procedures.
2. It shall be within the discretion of the
				  Commission's staff to transfer those allegations involving the alleged
				  violation of another State statute to the appropriate enforcing
				  authority.
3. Any preliminary
				  investigation of an alleged ethics violation, whether conducted by Commission
				  staff or a State agency, shall be confidential.
4. If during the course of a preliminary
				  investigation Commission staff discovers additional potential ethics violations
				  from the violation alleged in the initial complaint, staff may initiate a new
				  investigation into the additional violations or may join this alleged
				  misconduct with the existing preliminary investigation.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 3 - PROCEEDINGS › Section 19:61-3.2 - Subpoena for witnesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				  Commission's staff determines that the testimony of any person or persons is
				  required, upon authorization of a member of the Commission in accordance with
				  this subsection, it may issue a subpoena in the name of the Commission
				  requiring such person or persons to appear and testify before the Commission
				  staff, from day to day until the examination of such person or persons shall be
				  completed. The Chair or, in his or her absence, the Vice Chair or, in the
				  absence of both, another member, may make the determination, on behalf of the
				  Commission, to issue a subpoena.
(b) The subpoena may also contain a direction
				  that such person bring with him or her to the examination, any books, papers,
				  or documents designated therein.
(c) If a person subpoenaed to attend any
				  hearing refuses or fails to appear to be examined, or to answer any question or
				  to produce any books, records, accounts, papers and documents when ordered to
				  do so by the Commission, the Commission may apply to the Superior Court to
				  compel the person to comply forthwith with the subpoena, directive or order of
				  the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 3 - PROCEEDINGS › Section 19:61-3.3 - Subpoena for evidence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				  Commission's staff determines that any document or physical evidence is
				  required for a preliminary investigation, upon authorization of the
				  Commission's Chair or another Commission member as described in (b) below, it
				  may issue a subpoena in the name of the Commission requiring that the document
				  or other piece of physical evidence be produced to the Commission
				  staff.
(b) The Chair, or in his or
				  her absence, the Vice Chair, or in the absence of both, another member, may
				  make the determination, on behalf of the Commission, to issue a
				  subpoena.
(c) If a document or
				  other physical evidence is not turned over to the Commission, the Commission
				  may apply to the Superior Court to compel the production of the evidence in
				  compliance with the subpoena.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 3 - PROCEEDINGS › Section 19:61-3.4 - Allegation by member of Commission

Current through Register Vol. 56, No. 14, July 15, 2024
Any member of the Commission may file an allegation with
					 the Commission. Said allegation shall thereafter be treated in accordance with
					 19:61-3.1, except that the
					 Commission member making the allegation shall recuse himself or herself
					 thereafter from participating in any decisional processes having to do with
					 that particular matter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 3 - PROCEEDINGS › Section 19:61-3.5 - Allegation before State agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				  allegation of a violation by a State official of the uniform ethics code or a
				  code, rule, or regulation promulgated by a State agency pursuant to the
				  provisions of
				  52:13D-12 et seq., may be filed
				  with the State agency employing said State official in accordance with the
				  procedures established by the agency to process such allegations.
(b) Every allegation received by a State
				  agency in accordance with (a) above shall be forwarded to the Commission along
				  with a memorandum stating whether the agency will conduct a preliminary
				  investigation or refer the matter to the Commission.
1. Any preliminary investigation by a State
				  agency shall be confidential.
2. At
				  the completion of a preliminary investigation conducted by a State agency, a
				  summary of the agency's findings must be forwarded to the Commission along with
				  the agency's recommendation on the matter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 3 - PROCEEDINGS › Section 19:61-3.6 - Determination by State agency

Current through Register Vol. 56, No. 14, July 15, 2024
Notice of all determinations made by State agencies in
					 connection with hearings conducted pursuant to
					 19:61-3.1 shall be filed with the
					 Commission. All determinations with respect to the Conflicts of Interest Law,
					 52:13D-12 et seq. which involve
					 the removal of a State official or any other disciplinary actions shall be
					 effective when approved by the Commission. An agency that has received
					 authorization from the Commission to proceed with a disciplinary action against
					 an employee for ethics violations, pursuant to
					 52:13D-23(d),
					 shall advise the Commission of the final disposition of any discipline
					 imposed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 3 - PROCEEDINGS › Section 19:61-3.7 - Relaxation of rules

Current through Register Vol. 56, No. 14, July 15, 2024
The rules set forth in this subchapter regarding the
					 procedural requirements for the filing of complaints may be relaxed by the
					 Commission in any instance where it shall be manifest to the Commission that a
					 strict adherence to them will work surprise or injustice. In any matter not
					 expressly controlled by these rules or by statute, the Chair shall exercise his
					 or her discretion.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 4 - ADVISORY OPINIONS › Section 19:61-4.1 - Requests for advisory opinions

Current through Register Vol. 56, No. 14, July 15, 2024
Requests for advisory opinions concerning whether a given
					 set of facts and circumstances would in the Commission's opinion constitute
					 possible violations of
					 52:13D-12 et seq., or any code,
					 rules or regulations promulgated pursuant thereto, may be made by any person or
					 persons. Advisory opinions rendered pursuant to this section are only binding
					 as to the facts and circumstances reviewed and considered in the specific
					 request. The Executive Director or designee shall have discretion to determine
					 a format appropriate to the circumstances of each request.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 5 - GENERAL PROVISIONS › Section 19:61-5.1 - Investigations and hearings

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall have the power to undertake
					 investigations and hold hearings into matters having relevance to the
					 provisions of
					 52:13D-12 et seq., whether or not
					 an allegation has been filed or request for advisory opinion made, and to this
					 end, the full investigative authority and subpoena power of the Commission
					 shall obtain and be available as required.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 5 - GENERAL PROVISIONS › Section 19:61-5.2 - Publication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chair of
				  the Commission shall cause to be filed with the Office of Administrative Law:
1. All advisory opinions of the Commission
				  rendered pursuant to
				  52:13D-21(g);
				  and
2. Notice of any disciplinary
				  action taken by the Commission pursuant to
				  52:13D-21(i).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 5 - GENERAL PROVISIONS › Section 19:61-5.3 - Validity of rules of any portion declared invalid

Current through Register Vol. 56, No. 14, July 15, 2024
If any rule, sentence, paragraph or section of these rules
					 or the application thereof to any persons or circumstances shall be adjudged by
					 a court of competent jurisdiction to be invalid, or if by legislative action
					 any rule shall lose its force and effect, such judgment or action shall not
					 affect, impair or void the remainder of these rules.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 5 - GENERAL PROVISIONS › Section 19:61-5.4 - Procedures to request Commission action to promulgate, amend or repeal rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons
				  requesting Commission action to promulgate, amend or repeal rules shall comply
				  with 52:14B-4(f)  and
				  any amendments thereto and any implementing rules as adopted by the Office of
				  Administrative Law.
(b) Such
				  persons may obtain forms for petitioning the Commission's Administrative Code
				  Rules from the Commission.
(c) When
				  considering the petition, the Commission shall comply with the time lines and
				  procedures contained in
				  52:14B-4(f).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 5 - GENERAL PROVISIONS › Section 19:61-5.5 - Positions in State government with responsibility for matters affecting casino activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Commission has, in consultation with the Attorney General's Office, determined
				  that the following positions in State government have responsibility for
				  matters affecting casino activity and therefore are subject to the restrictions
				  of the Casino Ethics Amendment (
				  52:13D-17.2 ):
1. Department of Environmental Protection;
				  Land Use Regulation Program; or successor agencies:
i. Bureau of Coastal Regulation or successor
				  agency (One chief and three regional supervisors classified as Supervising
				  Environmental Specialists or successors performing those functions);
ii. Tidelands Resources Council or successor
				  agency (members of the Council);
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 5 - GENERAL PROVISIONS › Section 19:61-5.6 - Financial disclosure statements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On an annual
				  basis, each State agency shall, upon request of the Commission, identify each
				  State official within the agency who is required by law or Executive Order to
				  file a financial disclosure statement.
(b) The Commission shall provide instructions
				  for filing the financial disclosure statement to each person identified by a
				  State agency as a person required by law or Executive Order to file a financial
				  disclosure statement.
(c) The
				  Commission shall impose a civil penalty for failure to file a financial
				  disclosure statement. The penalty shall be $ 50.00 for each day of the
				  violation, and may be collected in a summary proceeding pursuant to the Penalty
				  Enforcement Law ( N.J.S.A. 2A:58-1 ).
(d) A financial disclosure statement required
				  to be submitted to the Commission by law, regulation or executive order shall
				  be made available to the public on the Internet site of the Commission promptly
				  after receipt and review by the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 5 - GENERAL PROVISIONS › Section 19:61-5.7 - Restrictions on employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Relatives of
				  persons in the positions in (a)1 through 6 below in State government are
				  subject to the employment restrictions set forth in this subsection and (b)
				  below.
1. A relative of the Governor shall
				  not be employed in an office or position in the unclassified service of the
				  civil service of the State in the Executive Branch of State
				  government.
2. A relative of a
				  commissioner or head of a principal department in the Executive Branch of State
				  government shall not be employed in an office or position in the unclassified
				  service of the civil service of the State in the principal department over
				  which the commissioner or head of the principal department exercises authority,
				  supervision, or control.
3. A
				  relative of an assistant or deputy commissioner or head of a principal
				  department in the Executive Branch of State government who is employed in an
				  office or position in the unclassified service of the civil service of the
				  State may be employed in the principal department in which the assistant or
				  deputy commissioner or head serves, but shall not be assigned to a position
				  over which the assistant or deputy commissioner or head exercises authority,
				  supervision, or control.
4. A
				  relative of a head or assistant head of a division of a principal department in
				  the Executive Branch of State government who is employed in an office or
				  position in the unclassified service of the civil service of the State may be
				  employed in the principal department in which the head or assistant head of a
				  division serves, but shall not be assigned to a position over which the head or
				  assistant head exercises authority, supervision, or control.
5. A relative of an appointed member of a
				  governing or advisory body of an independent authority, board, commission,
				  agency or instrumentality of the State shall not be employed in an office or
				  position in that independent authority, board, commission, agency or
				  instrumentality.
6. A relative of
				  an appointed New Jersey member of a governing body of a bi-state or multi-state
				  agency shall not be employed in an office or position in that bi-state or
				  multi-state agency, to the extent permitted by law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 5 - GENERAL PROVISIONS › Section 19:61-5.8 - Agency compliance audits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Commission's Compliance Officer shall conduct systematic ethics audits of State
				  agencies at such intervals and in such a manner as directed by the Commission.
				  These audits shall determine whether an agency, its employees and special State
				  officers and employees are in compliance with the reporting, documentation,
				  training and other ethics requirements contained in the New Jersey Conflicts of
				  Interest Law, Executive Orders, regulations, codes and rulings of the
				  Commission.
(b) Each agency subject
				  to an ethics audit shall provide, upon the request of the Commission's
				  Compliance Officer, any documents and information necessary to complete the
				  compliance audit.
(c) Upon
				  completion of an agency ethics audit, the Compliance Officer, with the
				  concurrence of the Commission's Executive Director, will determine if the
				  agency is in substantial compliance with the State's ethics laws. If it is
				  determined that the agency has deficiencies and/or is not in substantial
				  compliance with the State's ethics laws, then the agency head and the agency
				  Ethics Liaison Officer will be notified of this conclusion and provided a
				  reasonable time frame from within which the agency must remedy the deficiencies
				  identified in the compliance audit report.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 5 - GENERAL PROVISIONS › Section 19:61-5.9 - Outside Activity and conflict of interest questionnaires

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every State
				  officer and employee shall obtain the approval of his or her agency's Ethics
				  Liaison Officer prior to engaging in any of the following outside activities:
1. Any business, trade, profession or other
				  compensated employment including the acceptance of compensation for a speech or
				  published work;
2. Any
				  uncompensated or volunteer work for or with any entity;
3. Serving in any office or title in the
				  governing or advisory board of any entity; or
4. Serving in any elected or appointed public
				  office in any unit of government, except in an ex-officio capacity.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 6 - ATTENDANCE AT EVENTS, ACCEPTANCE OF HONORARIA, ACCEPTANCE OF COMPENSATION FOR PUBLISHED WORKS, AND ACCEPTANCE OF THINGS OF VALUE › Section 19:61-6.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter apply to all State officials
					 in the Executive branch of State government.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 6 - ATTENDANCE AT EVENTS, ACCEPTANCE OF HONORARIA, ACCEPTANCE OF COMPENSATION FOR PUBLISHED WORKS, AND ACCEPTANCE OF THINGS OF VALUE › Section 19:61-6.3 - Granting of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the
				  purposes of
				  19:61-6.4 and 6.5, when a
				  department head grants approval to attend an event, the department head shall
				  determine whether a legitimate State purpose will be served by attendance and
				  shall consider the provisions of the Conflicts of Interest Law, the Uniform
				  Ethics Code and an agency supplemental code of ethics, if applicable, any
				  Executive Orders, the guidelines and rules of the Commission, any departmental
				  administrative policies and any other relevant considerations. Relevant
				  considerations include, but are not limited to:
1. The identity of the sponsor;
2. The purpose of the event;
3. The identity of other expected
				  participants;
4. Whether attendance
				  and/or participation in the event will assist the State official in carrying
				  out his or her official duties and support the mission of the agency;
				  and
5. The monetary value and
				  character of the costs and benefits provided by the sponsor, including whether
				  the costs and benefits are comparable to those offered to or purchased by other
				  attendees.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 6 - ATTENDANCE AT EVENTS, ACCEPTANCE OF HONORARIA, ACCEPTANCE OF COMPENSATION FOR PUBLISHED WORKS, AND ACCEPTANCE OF THINGS OF VALUE › Section 19:61-6.4 - Attendance at an event sponsored by an interested party

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State
				  official shall secure the prior approval of his or her supervisor and the
				  agency Ethics Liaison Officer to attend such an event.
(b) Except as provided in (c) or (d) below:
1. The State shall pay the reasonable
				  expenses of the State official associated with attending the event.
2. Neither the State official nor the State
				  shall receive any direct or indirect benefit from any other source.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 6 - ATTENDANCE AT EVENTS, ACCEPTANCE OF HONORARIA, ACCEPTANCE OF COMPENSATION FOR PUBLISHED WORKS, AND ACCEPTANCE OF THINGS OF VALUE › Section 19:61-6.5 - Attendance at an event sponsored by an entity other than an interested party

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State
				  official shall secure the prior approval of his or her supervisor and the
				  agency Ethics Liaison Officer to attend such an event.
(b) The State official, acting in a scholarly
				  capacity, may attend, participate in, or make presentations at colloquia,
				  seminars, conferences, or similar scholarly gatherings, so long as the State
				  official notifies his or her department head of his or her attendance,
				  participation or presentation, in which case (a) above need not apply. The
				  direct or indirect benefit provided to the State official, acting in a
				  scholarly capacity, may include the acceptance of reasonable travel and
				  subsistence expenses and allowable entertainment expenses. The State official,
				  acting in a scholarly capacity, may accept an honorarium, academic prize or
				  other thing of value if the honorarium, academic prize or other thing of value
				  reflects payment for orally sharing his or her intellectual property.
(c) The State may pay the reasonable expenses
				  of the State official associated with attending the event or may permit the
				  State official to accept direct or indirect benefits. Direct or indirect
				  benefits may include the following:
1.
				  Reimbursement or payment of actual and reasonable expenditures for travel or
				  subsistence and allowable entertainment expenses associated with attending an
				  event in New Jersey if expenditures for travel or subsistence and entertainment
				  expenses are not paid for by the State of New Jersey;
2. Reimbursement or payment of actual and
				  reasonable expenditures for travel or subsistence outside New Jersey, not to
				  exceed $ 500.00 per trip, if expenditures for travel or subsistence and
				  entertainment expenses are not paid for by the State of New Jersey. The $
				  500.00 per trip limitation shall not apply to State officials acting in a
				  scholarly capacity or if the reimbursement or payment is made by:
i. A nonprofit organization of which the
				  State official is, at the time of reimbursement or payment, an active member as
				  a result of the payment of a fee or charge for membership to the organization
				  by the State;
ii. A nonprofit
				  organization that does not contract with the State to provide goods, materials,
				  equipment, or services; or
iii. Any
				  agency of the Federal government, any agency of another state or of two or more
				  states, or any political subdivision of another state.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 61 - STATE ETHICS COMMISSION › Subchapter 6 - ATTENDANCE AT EVENTS, ACCEPTANCE OF HONORARIA, ACCEPTANCE OF COMPENSATION FOR PUBLISHED WORKS, AND ACCEPTANCE OF THINGS OF VALUE › Section 19:61-6.6 - Use of official title for private fundraising events or promotional activities

Current through Register Vol. 56, No. 14, July 15, 2024
A State official shall not permit the use of his or her
					 official title for the purpose of fundraising for, or promotion of, a private
					 organization. A State official may be referred to as "the Honorable" when being
					 honored at a fundraising event or promotional activity for a private
					 organization.