New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31X - EVERGREEN › Subchapter 1 - EVERGREEN › Section 19:31X-1.14 - Appeal process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority Board's action shall be effective 10 business days after the
				  Governor's receipt of the minutes, provided neither an early approval nor veto
				  has been issued.
(b) An applicant
				  may appeal the Authority Board's action by submitting, in writing, to the
				  Authority, within 20 calendar days from the effective date of the Authority
				  Board's action, an explanation as to how the applicant has met the program
				  criteria. Such appeals are not contested cases subject to the requirements of
				  the Administrative Procedure Act,
				  N.J.S.A.
				  52:14B-1 et seq., and 52:14F-1 et seq., or
				  the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(c) Appeals that are timely submitted shall
				  be handled by the Authority as follows:
1. The
				  Chief Executive Officer shall designate an employee of the Authority to serve
				  as a hearing officer for the appeal and to make a recommendation on the merits
				  of the appeal to the Authority Board. The hearing officer shall perform a
				  review of the written record and may require an in-person hearing. The hearing
				  officer has sole discretion to determine if an in-person hearing is necessary
				  to reach an informed decision on the appeal. The Authority may consider new
				  evidence or information that would demonstrate that the applicant meets all of
				  the application criteria, provided that if the Authority decision was based on
				  a competitive process, the Authority cannot consider any new evidence or
				  information about the application other than evidence or information that would
				  demonstrate that the applicant met all of the application criteria by the
				  application deadline.
2. Following
				  completion of the record review and/or in-person hearing, as applicable, the
				  hearing officer shall issue a written report to the Authority Board containing
				  the hearing officer's finding(s) and recommendation(s) on the merits of the
				  appeal. The hearing officer's report shall be advisory in nature. After
				  reviewing the report, the Chief Executive Officer of the Authority may also
				  include a recommendation to the written report of the hearing officer. The
				  applicant shall receive a copy of the written report of the hearing officer,
				  which shall include the recommendation of the Chief Executive Officer, if any,
				  and shall have the opportunity to file written comments and exceptions to the
				  hearing officer's report within five business days from receipt of such
				  report.
3. The Authority Board
				  shall consider the hearing officer's report, the recommendation of the Chief
				  Executive Officer, if any, and any written comments and exceptions timely
				  submitted by the applicant. Based on that review, the Authority Board shall
				  issue a final decision on the appeal.
4. Final decisions rendered by the Authority
				  Board shall be appealable to the Superior Court of New Jersey, Appellate
				  Division, in accordance with the New Jersey Rules of Court.