reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 1 - LICENSURE RULES › Subchapter 8 - FRAUDULENT ACADEMIC DEGREES › Section 9A:1-8.1 - Protected degree designations for earned degrees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall use or append to his or her name any academic degree designation, letters, derivatives thereof, or other designations as evidence of having earned an academic degree unless a duly authorized institution of higher education as defined in Section 3 of P.L. 1986, c.87 (18A:3-15.3 ) conferred the degree.
1. In states without a licensing requirement for institutions of higher education, a duly authorized institution of higher education is one that is regionally accredited or accredited by the appropriate accrediting body recognized by the U.S. Secretary of Education or one that is seeking such accreditation.
2. Regarding institutions located outside of the U.S. or its possessions, a duly authorized institution of higher education is one that is recognized by the appropriate body in the particular country provided that the institution's requirements for awarding degrees are generally equivalent to those accepted in the U.S. by an accrediting body recognized by the U.S. Secretary of Education.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 1 - LICENSURE RULES › Subchapter 8 - FRAUDULENT ACADEMIC DEGREES › Section 9A:1-8.2 - Honorary degrees

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who has received an honorary degree shall follow the academic degree or the letters used to abbreviate such a degree with the word "Honorary" or "Hon." in parenthesis when representing himself or herself as having received such a degree or credential.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 1 - LICENSURE RULES › Subchapter 9 - INSTITUTIONAL CLOSURE › Section 9A:1-9.1 - General procedures for institutional closure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An institution that plans to cease operations or whose licensure has been revoked shall submit to the Secretary a plan for institutional closure, which must include the following:
1. The planned date of termination of operations;
2. A plan to continually notify relevant stakeholders of pertinent information related to the institution's closure as the information becomes available. Relevant stakeholders include, but are not limited to, the Secretary, enrolled students, admitted students, candidates who have submitted applications where no determination has been made, recent graduates, graduates that maintain institutional debt, faculty, staff, host communities, including the applicable municipal and county government(s), the elected State representative and senator in the legislative district where the institution is located, the chairpersons of the State Senate and Assembly Higher Education Committees, and the New Jersey Commissioner of the Department of Labor and Workforce Development;
3. A plan for the transfer and long-term maintenance of all essential records, particularly, but not limited to, academic records of current and former students, by a third-party or parties before the licensed institution ceases operations. Such a plan should include, at a minimum, the following:
i. The planned date and receiving location for the transfer of student records;
ii. The name and address of the third-party organization(s) or eligible transfer institution(s) to receive and manage the student records; and
iii. The contact information of the third-party official(s) who is/are designated to manage transcript requests.
4. Arrangements for the continued education of currently enrolled students through a teach-out agreement developed pursuant to N.J.A.C. 9A:1-9.2, or other practical solution; and
5. Evidence of communication with the New Jersey Higher Education Student Assistance Authority and the U.S. Department of Education regarding the appropriate actions concerning State grants and scholarships, State loans, Federal grants and scholarships, and Federal loans, as applicable.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 1 - LICENSURE RULES › Subchapter 9 - INSTITUTIONAL CLOSURE › Section 9A:1-9.2 - Teach-out agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An institution shall enter into a school-to-school teach-out agreement at least 120 days prior to the cessation of institutional operations. This teach-out agreement shall:
1. Be arranged by the closing institution;
2. Be agreed to by an eligible transfer institution or institutions, the closing institution, and the Secretary;
3. Unless waived for good cause by the Secretary, specify that the eligible transfer institution(s) shall:
i. Be located within a reasonable distance of the closing institution, if the closing institution has a physical presence in the State;
ii. Accept the transfer of all completed credits from students affected by the closure; and
iii. Allow a student affected by the closure to complete the student's program with substantially the same number of credit hours as was required by the closing institution; and
4. Specify that, upon request by a student affected by the closure, the closing institution shall provide a complete academic record and an official transcript to the student at no cost to the student.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 1 - LICENSURE RULES › Subchapter 9 - INSTITUTIONAL CLOSURE › Section 9A:1-9.3 - Teach-out plan requirements for proprietary institutions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A proprietary institution shall provide the Secretary a teach-out plan that addresses a potential closure of the institution. The teach-out plan shall be updated, as required by the Secretary, and shall include:
1. The requirements for a plan for institutional closure pursuant to N.J.A.C. 9A:1-9.1(a);
2. A statement that the institution shall make all reasonable efforts to ensure that any closure of the institution complies with the requirements at P.L. 2021, c. 27;
3. A statement that the chief executive officer and the members of the governing body of the institution providing the teach-out plan to the Secretary were not previously in an executive position or a member of a governing body of an institution in which a disorderly closure occurred; and
4. A statement that any institutional financial aid agreement offered to a student shall contain language stating that, in the event of a disorderly closure, the institutional debt shall be void and shall not be recovered, collected, or enforced.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 1 - LICENSURE RULES › Subchapter 9 - INSTITUTIONAL CLOSURE › Section 9A:1-9.4 - Contingency plan for closure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, pursuant to N.J.A.C. 9A:2-1, the Secretary determines that an institution is required to submit a contingency plan for closure to OSHE, the contingency plan for closure, shall include:
1. The requirements of a plan for institutional closure pursuant to N.J.A.C. 9A:1-9.1(a);
2. Information about the rights and responsibilities of student loan borrowers;
3. Information about the institution's financial condition, accreditation status, and any outstanding compliance issues regarding Federal and State student aid programs; and
4. Confirmation that the institution has obtained either a surety bond or letter of credit to refund student enrollment deposits and to pay the cost to maintain student records by a third-party or parties.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 2 - FINANCIAL ASSESSMENT AND RISK MONITORING OF INDEPENDENT AND PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION › Subchapter 1 - GENERAL STANDARDS › Section 9A:2-1.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter implements P.L. 2021, c. 27, which authorizes the Office of the Secretary of Higher Education to adopt rules regarding the financial assessment and risk monitoring of independent institutions of higher education and proprietary institutions licensed to offer academic degrees pursuant to P.L. 2021, c. 27.
(b) This chapter applies to all independent institutions of higher education and proprietary institutions licensed to offer academic degrees in New Jersey.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 2 - FINANCIAL ASSESSMENT AND RISK MONITORING OF INDEPENDENT AND PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION › Subchapter 1 - GENERAL STANDARDS › Section 9A:2-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have the following meanings:
"Accrediting agency" means a non-governmental entity that grants formal recognition or acceptance of an institution or of programs or portions of the institution and is recognized by the U.S. Secretary of Education.
"Independent institution" means a private postsecondary institution that is not operated for profit.
"OSHE" means the New Jersey Office of the Secretary of Higher Education.
"Proprietary institution" means a postsecondary institution that is operated for profit.
"Secretary" means the New Jersey Secretary of Higher Education.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 2 - FINANCIAL ASSESSMENT AND RISK MONITORING OF INDEPENDENT AND PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION › Subchapter 1 - GENERAL STANDARDS › Section 9A:2-1.3 - Institutional reporting of a risk of imminent closure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An independent institution, or a proprietary institution, licensed to offer academic degrees shall immediately notify the Secretary of any known financial liabilities or risks that:
1. Are reasonably likely to result in the imminent closure of the institution; or
2. Otherwise negatively affect the institution's ability to fulfill its obligations to current and admitted students.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 2 - FINANCIAL ASSESSMENT AND RISK MONITORING OF INDEPENDENT AND PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION › Subchapter 1 - GENERAL STANDARDS › Section 9A:2-1.4 - Annual financial monitoring procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Secretary shall annually assess each independent institution's, and proprietary institution's, financial information to identify whether an institution is at risk of imminent closure.
(b) On an annual basis, OSHE shall provide institutions with a template for the fiscal monitoring report and set a submission schedule for the fiscal monitoring report. The Secretary shall set the submission schedule for each institution and shall consider the fiscal calendar of each institution when determining the schedule.
(c) Utilizing the template provided by OSHE pursuant to (b) above, each independent institution, and each proprietary institution, shall submit an annual fiscal monitoring report to the Secretary, in accordance with the submission schedule established by the Secretary pursuant to this section.
(d) In addition to the annual fiscal monitoring report, the Secretary may require the submission of additional supplemental information from an institution, if necessary, for the Secretary's assessment as to whether the institution is at risk of imminent closure.
(e) At the Secretary's discretion, the OSHE may conduct additional assessments of an institution for the purpose of identifying whether an institution is at risk of imminent closure. Such assessments may include, but are not limited to, a review of:
1. Financial and non-financial indicators from publicly available data sources;
2. Credit ratings assigned to institutions by credit rating agencies or services; and/or
3. Information obtained from other regulatory, oversight, or law enforcement entities, including, but not limited to, accrediting agencies, the U.S. Department of Education, and the New Jersey Office of the Attorney General.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 2 - FINANCIAL ASSESSMENT AND RISK MONITORING OF INDEPENDENT AND PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION › Subchapter 1 - GENERAL STANDARDS › Section 9A:2-1.5 - Procedures that apply when the Secretary determines there is a risk of imminent closure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a determination by the Secretary that an institution is at risk of imminent closure, OSHE shall notify the institution no later than five business days from the date the determination is made by the Secretary. The notification shall be in writing and shall include:
1. A summary of the Secretary's determination;
2. The results of the review process, including the analytical methodology utilized by OSHE;
3. A description of the procedures at (b) and (c) below; and
4. A request for additional information from the institution, if applicable.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 2 - FINANCIAL ASSESSMENT AND RISK MONITORING OF INDEPENDENT AND PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION › Subchapter 1 - GENERAL STANDARDS › Section 9A:2-1.6 - Risk mitigation plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During the course of a review pursuant to this chapter, the Secretary may find that an institution that is not at risk of imminent closure has demonstrated significant potential financial weakness and may request the institution to submit a risk mitigation plan, which shall, at a minimum:
1. Notify the Secretary of any known liabilities, risks, or financial issues at the institution;
2. Provide the institutional plan, both short-term and long-term, to sustain operations and to improve the financial stability of the institution; and
3. Provide any additional information required by the Secretary.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 2 - FINANCIAL ASSESSMENT AND RISK MONITORING OF INDEPENDENT AND PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION › Subchapter 1 - GENERAL STANDARDS › Section 9A:2-1.7 - Applicability of the Open Public Records Act

Current through Register Vol. 56, No. 14, July 15, 2024
Any information submitted to, or developed by, the Secretary in furtherance of this chapter shall not be a public record and shall be exempt from disclosure under provisions at N.J.S.A. 47:1A-1 et seq., commonly known as the Open Public Records Act.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 3 - INSTITUTIONAL CODES OF ETHICS › Subchapter 1 - GENERAL STANDARDS › Section 9A:3-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to 52:13D-23, the uniform code of ethics is the primary code of ethics for State colleges and universities. The State colleges and universities shall each develop a code of ethics, in accordance with this chapter, governing the conduct of its officers and employees, as defined in the New Jersey Conflicts of Interest Law at 52:13D-12 et seq. The county colleges shall each develop a code of ethics consistent with the Local Government Ethics Law at 40A:9-22.1 et seq. The code of ethics shall establish guidelines and standards of ethical behavior in order to ensure the public's confidence in the conduct of business and operations of the institution.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 3 - INSTITUTIONAL CODES OF ETHICS › Subchapter 1 - GENERAL STANDARDS › Section 9A:3-1.2 - Compliance with applicable statutes, rules, and executive orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each institution's code of ethics shall comply with the requirements of all statutes, rules, and executive orders applicable to the institution, including, but not limited to, the New Jersey Conflicts of Interest Law, 52:13D-12 et seq.; the Local Government Ethics Law, 40A:9-22.1 et seq.; rules of the State Ethics Commission; and any applicable executive orders.
(b) When required by law, each institution shall have its code of ethics reviewed and approved by any statutorily created bodies designated to review and approve such codes of ethics.
(c) Any institution not governed by a particular ethics statute shall include in its code of ethics standards of conduct equal to or exceeding those standards in the New Jersey Conflicts of Interest Law, 52:13D-12 et seq.; the Local Government Ethics Law, 40A:9-22.1 et seq.; rules of the State Ethics Commission; and any applicable executive orders.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 3 - INSTITUTIONAL CODES OF ETHICS › Subchapter 1 - GENERAL STANDARDS › Section 9A:3-1.3 - General standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each institution's code of ethics, at a minimum, shall include the following general standards. Each code shall:
1. Prohibit officers and employees from having any interest, financial or otherwise, direct or indirect, or engaging in any business or transaction or professional activity which is in substantial conflict with the proper discharge of their duties;
2. Prohibit officers and employees from using their official positions to secure unwarranted privileges or advantages for themselves or others;
3. Prohibit officers and employees from acting in their official capacities in any matter in which they have a direct or indirect personal financial interest that might reasonably be expected to impair their objectivity or independence of judgment;
4. Prohibit officers and employees from undertaking any employment or service, whether compensated or not, which might reasonably be expected to impair their objectivity and independence of judgment in the exercise of their official duties;
5. Prohibit officers and employees from accepting any gifts, favors, services, or other things of value under circumstances from which it might be reasonably inferred that such gifts, services, or other things of value were given or offered for the purpose of influencing them in the discharge of their official duties;
6. Prohibit officers and employees from knowingly acting in any way that might reasonably be expected to create, among the public having knowledge of their acts, an impression or suspicion that they may be engaged in conduct violative of their trust as public officers or employees;
7. Prohibit officers and employees from using or allowing to be used their public office or employment or any information not generally available to members of the public for the purpose of securing financial gain for themselves or others with whom they are associated;
8. Establish appropriate limitations under which officers and employees may contract with the institution and other public entities, in accordance with applicable law;
9. Establish appropriate limitations under which officers and employees may appear before the institution and other public entities on behalf of other parties, in accordance with applicable law; and
10. Establish appropriate standards for the review and approval of outside employment of officers and employees of the institution.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 3 - INSTITUTIONAL CODES OF ETHICS › Subchapter 1 - GENERAL STANDARDS › Section 9A:3-1.4 - Contracts for the development of scientific or technological discoveries

Current through Register Vol. 56, No. 14, July 15, 2024
Each institution governed by the New Jersey Conflicts of Interest Law, 52:13D-12 et seq., shall include in its code of ethics, procedures for contracts between the institution and officers or employees or firms or corporations in which said officers or employees hold an interest, for the development of scientific or technological discoveries or innovations in which the institution has a property right in accordance with 52:13D-19.1 through 19.3.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 4 - COMMUNITY COLLEGE CHARGEBACK › Subchapter 1 - GENERAL PROVISIONS › Section 9A:4-1.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
In accordance with New Jersey statute (18A:64A-23 ), the Office of the Secretary of Higher Education establishes criteria pursuant to which the chief fiscal officer of a county shall issue a certificate of residence to a person desiring to enroll in a community college as a nonresident student.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 4 - COMMUNITY COLLEGE CHARGEBACK › Subchapter 1 - GENERAL PROVISIONS › Section 9A:4-1.2 - 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.
"Basic skills areas" means reading, writing, and mathematics.
"Chargeback" means the charge from a receiving community college to a county which sends students to attend the receiving community college at in-county tuition rates.
"Community college" means a community or county-assisted college established pursuant to 18A:64A-1 et seq.
"County of residence" means the county in which a person has established permanent residence.
"Home community college" or "home college" means a community college in an individual's county of residence.
"In-county tuition rate" means the tuition rate charged to students who are residents of a county.
"Offer a particular course or program" means to offer the course or program at the student's home community college, through a joint program agreement with another community college, through distance learning provided by the student's home community college, or by means of a contractual arrangement providing for in-county tuition rates at another community college that will offer the particular course or entire program.
"Program of study" means a program leading to a degree or certificate.
"Receiving community college" means a community college that allows out-of-county students to enroll at in-county tuition rates based on a certificate of residence from another county.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 4 - COMMUNITY COLLEGE CHARGEBACK › Subchapter 1 - GENERAL PROVISIONS › Section 9A:4-1.3 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose of receiving in-county tuition rates at a community college outside of a student's county of residence, a student residing in a county not sponsoring a community college shall be eligible to receive a certificate of residence from the chief fiscal officer of the student's county of residence upon presentation of evidence of residency in the county, evidence of residency in New Jersey for at least 12 months, and evidence of admission to a community college.
(b) A student residing in a county that sponsors a community college and who desires to attend an out-of-county community college at in-county tuition rates shall be eligible to receive a certificate of residence from the chief fiscal officer of the student's county of residence if:
1. The student provides certification from the home community college that the college does not offer the particular course or program of study desired by the student or that it cannot admit the student into a particular course or the desired program of study due to lack of available space which will exist for at least one year; and
2. The student presents evidence of residency in the county, evidence of residency in New Jersey for at least 12 months, and evidence of admission to a community college.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 4 - COMMUNITY COLLEGE CHARGEBACK › Subchapter 1 - GENERAL PROVISIONS › Section 9A:4-1.4 - Procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The issuance of a certificate of residence by the chief fiscal officer of the student's county of residence shall signify the resident county's agreement to pay its share of the operating expenses of the receiving community college.
(b) If the chief fiscal officer of a county refuses to issue a certificate of residence, the chief fiscal officer shall so inform the applicant, give the reason for the refusal, and explain that the applicant may appeal to the board of chosen freeholders of the county within 10 days of the receipt of notice of refusal. The board of chosen freeholders shall make a determination after a hearing, upon 10 days' notice to the chief fiscal officer and the applicant, and such determination shall be final and binding on the county.
(c) The student shall present the certification of residence to the admitting college and shall subsequently be required to pay the prevailing in-county tuition rate and such other fees as may be required of students who reside in the county.
(d) The college accepting out-of-county students on a chargeback basis shall charge the sending counties according to a system of differential chargeback rates as determined by the State Treasurer in consultation with the Council of County Colleges.
(e) The receiving community college, when billing another county for a chargeback student, shall identify the courses or programs in which the student is enrolled.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 5 - RESIDENCY REQUIREMENTS FOR TUITION PURPOSES AT PUBLIC COLLEGES AND UNIVERSITIES › Subchapter 1 - ELIGIBILITY FOR STATE RESIDENT TUITION › Section 9A:5-1.1 - State domicile required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Domicile is defined as the place where a person has their true, fixed, permanent home and principal establishment, and to which, whenever they are absent, they have the intention of returning.
(b) Persons residing in New Jersey for a period of 12 months before first enrolling at a public higher education institution in this State are presumed to be domiciled in this State for tuition purposes.
(c) Persons residing in New Jersey for less than 12 months before first enrolling at a public higher education institution in this State are presumed not to be domiciled in this State for tuition purposes.
(d) Persons presumed not to be domiciled in New Jersey or persons presumed to be domiciled in New Jersey but whose domiciliary status is challenged by the institution may demonstrate domicile in New Jersey according to N.J.A.C. 9A:5-1.2.
(e) Residence established solely for the purpose of attending a particular educational institution does not constitute domicile for tuition purposes.
(f) Dependent students as defined in the rules of the Higher Education Student Assistance Authority at N.J.A.C. 9A:9-2.6 are presumed to be domiciled in the state in which their parent(s) or legal guardian(s) is domiciled. Dependent students whose parent(s) or legal guardian(s) is not domiciled in New Jersey are presumed to be in the State for the temporary purpose of obtaining an education and presumed not to be domiciled in New Jersey.
(g) A dependent student who has been determined to be eligible for State resident tuition shall continue to be eligible despite a change of domicile to another state by the student's supporting parent(s) or legal guardian(s), provided that the student continues to reside in New Jersey during each academic year of enrollment.
(h) United States military personnel and their dependents who are living in New Jersey and are attending public institutions of higher education in New Jersey shall be regarded as residents of the State for the purpose of determining tuition.
1. As used in this subsection, a dependent means an individual who is eligible for covered individual status under 38 U.S.C. §
											3679(c).
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 5 - RESIDENCY REQUIREMENTS FOR TUITION PURPOSES AT PUBLIC COLLEGES AND UNIVERSITIES › Subchapter 1 - ELIGIBILITY FOR STATE RESIDENT TUITION › Section 9A:5-1.2 - Evidence of domicile

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of N.J.A.C. 9A:5-1.1, a student may present and/or an institution may require the following as primary evidence of being domiciled in New Jersey:
1. Copies of the student's New Jersey income tax return or evidence of withholding of New Jersey income tax, and/or copies of the parent's(s') or legal guardian's(s') income tax return or evidence of withholding of income tax.
2. Evidence of ownership of or a long-term lease on a permanent residence in this State by the student or the student's parent(s) or legal guardian(s).
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 5 - RESIDENCY REQUIREMENTS FOR TUITION PURPOSES AT PUBLIC COLLEGES AND UNIVERSITIES › Subchapter 1 - ELIGIBILITY FOR STATE RESIDENT TUITION › Section 9A:5-1.3 - Determination; reconsideration of initial decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The institution shall decide each case of student domicile, as defined at 9A:5-1.1(a), on the basis of evidence submitted.
(b) A student who disagrees with the institution's initial determination of domicile shall be entitled to file with the institution a request for reconsideration. The institution shall publish in appropriate official documents, such as catalogues and student handbooks, the procedures for filing such a request. An administrator who did not participate in the initial determination of domicile shall act on the reconsideration request.
(c) A student may request reconsideration of domiciliary status at any time if the student's circumstances have changed. If a request for reconsideration results in eligibility for in-State tuition, the in-State rate shall not be retroactive but shall apply to charges for the next academic term.
(d) The institution's determination of a student's domicile is final.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 5 - RESIDENCY REQUIREMENTS FOR TUITION PURPOSES AT PUBLIC COLLEGES AND UNIVERSITIES › Subchapter 2 - ELIGIBILITY FOR COUNTY RESIDENT TUITION › Section 9A:5-2.1 - Requirements

Current through Register Vol. 56, No. 14, July 15, 2024
To qualify for county resident tuition at county community colleges, a student must meet the requirements of N.J.A.C. 9A:5-1 regarding State residency and domicile. In addition, a student must have permanent residency in the county or counties sponsoring the college before first enrolling at the college, as documented by a certificate of residence or such other material as the institution deems necessary.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 5 - RESIDENCY REQUIREMENTS FOR TUITION PURPOSES AT PUBLIC COLLEGES AND UNIVERSITIES › Subchapter 3 - ELIGIBILITY REQUIREMENTS FOR UNDOCUMENTED IMMIGRANTS TO RECEIVE IN-STATE TUITION › Section 9A:5-3.1 - Eligibility requirements for undocumented immigrants to receive in-State tuition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding the provisions of any law or rule to the contrary, a student, other than a nonimmigrant alien within the meaning of section 101 (a)(15) of the Immigration and Nationality Act (8 U.S.C. §
										1101(a)(15)) , shall be eligible to pay in-State tuition at a public institution of higher education if the student attended high school in this State for three or more years or graduated from a high school in this State or received the equivalent of a high school diploma in this State. The student must also register as an entering student or be currently enrolled in a public institution of higher education, not earlier than the fall semester of the 2013-2014 academic year. In the case of a person without lawful immigration status, who files an affidavit with the institution of higher education stating that the student has filed an application to legalize their immigration status or will file an application as soon as they are eligible to do so.
(b) Students who are required to file an affidavit as described in (a) above shall be able to obtain the affidavit from the institution of higher education's website, catalogue, and/or student handbook.
(c) Information obtained in the implementation of this section shall remain confidential.
(d) Students who attend county colleges and meet the eligibility requirements for undocumented students as outlined in (a) above shall be considered in-State students whose tuition shall be calculated in accordance with N.J.A.C. 9A:5-2.1.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.1 - Purpose and applicability of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is adopted by the Secretary
				of Higher Education to establish requirements and procedures for the
				procurement of design-build contracts by State colleges pursuant to Sections 10
				through 17 at
				P.L.
				2021, c. 71
				(N.J.S.A. 18A:64-76.5 through
				18A:64-76.12) and county colleges
				pursuant to Sections 18 through 25 at
				P.L.
				2021, c. 71
				(N.J.S.A. 18A:64A-25.24.a through
				18A:64A-25.24.h).
(b) This chapter
				provides for contracting units to select design builders according to the
				proposal that is most advantageous to the contracting unit, based upon a "best
				value selection" process premised on a combination of cost and qualitative
				factors. The chapter provides for the following two-phase selection process:
1. The public advertisement of a request for
				qualifications (RFQ) that describes the design-build project, outlines the
				scope of work for the project, and solicits responses delineating the
				qualifications of bidders; and
2.
				The issuance of a request for proposal (RFP) to prequalified bidders, selected
				on the basis of their responses to the RFQ, which outlines the criteria to be
				used for selection and the weight that will be given to each of these criteria
				in the evaluation process, and which solicits a proposal consisting of a
				technical proposal and a price proposal.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.3 - Authorization to commence design-build process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a construction project that can be
				reasonably, and in good faith, estimated to have a cost equal to or exceeding $
				5,000,000, the governing body of a contracting unit may adopt a resolution to
				authorize utilization of design-build project delivery in lieu of a
				design-bid-build delivery system. In its authorization to commence the
				design-build process, the contracting unit must determine that, when compared
				to the design-bid-build process, design-build project delivery will facilitate
				a shorter overall design and construction process including, but not limited
				to, reducing the likelihood of work stoppages and change orders that would
				increase project costs. A contracting unit cannot use design-build project
				delivery for projects that can be reasonably, and in good faith, estimated to
				have a cost below $ 5,000,000.
(b)
				For purposes of meeting the minimum monetary threshold at (a) above, a
				contracting unit may group more than one project together, so long as those
				projects are part of the same work.
(c) The resolution adopted pursuant to (a)
				above shall also establish procedures for the solicitation and award of the
				design-build contract that are consistent with this chapter.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.4 - Design professional and construction manager for contracting unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				contracting unit shall either engage a design professional or appoint a design
				official to provide architectural, engineering, or surveying services on behalf
				of the contracting unit, as well as provide technical advice, construction
				review services, and professional expertise on behalf of the contracting unit
				for the duration of a design-build project.
(b) A contracting unit shall appoint a
				construction manager to serve as the contracting unit's on-site representative
				for the duration of the project, whose services shall include, but need not be
				limited to, technical support in the area of scheduling, cost estimating,
				document control, hosting progress meetings, project coordination with
				design-builder, and inspection of construction during all phases of the
				design-build project.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.6 - Request for qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				contracting unit shall advertise a solicitation of statements of qualifications
				from bidders in a newspaper with Statewide circulation, and on the contracting
				unit's official website, no less than 30 days prior to the date on which
				responses to the request are due. The published notice shall contain, at a
				minimum:
1. A general description of the
				design-build project;
2.
				Information on how requests for qualifications may be obtained;
3. The manner of submitting, and the method
				of receiving, the statement of qualifications; and
4. The time and place at which the statements
				of qualifications will be received.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.9 - Statements of proposal; award of contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The RFP shall require the submission of a
				sealed statement of proposal in two separate parts, a technical proposal and a
				price proposal. The technical and price proposals shall be evaluated
				separately, in accordance with the evaluation factors and process set forth in
				the RFP.
(b) In addition to such
				drawings, specifications, data, calculations, or other submittals as the
				contracting unit requires to be submitted with the technical proposal, or the
				bidder is otherwise required by law to submit with their statement of proposal,
				a bidder's technical proposal shall include:
1. A list of each person to whom the bidder
				as design-builder proposes to delegate obligations pursuant to the design-build
				contract, including key team members;
2. A surety company bond or guarantee as
				specified in the RFP;
3.
				Acknowledgment of receipt of revisions or addenda to the RFP;
4. A statement that the bidder is in
				compliance with all laws applicable to the project, including the New Jersey
				Prevailing Wage Act, P.L. 1963, c. 150 (N.J.S.A.
				34:11-56.25 et seq.), the Public Works
				Contractor Registration Act,
				P.L.
				1999, c. 238
				(N.J.S.A.
				34:11-56.48 et seq.), and the Construction
				Industry Independent Contractor Act,
				P.L.
				2007, c. 114
				(N.J.S.A.
				34:20-1 et seq.);
5. If required by the contracting unit, a
				certificate pursuant to
				N.J.S.A.
				18A:64-1 et seq., or 18A:64A-1 et seq., as
				applicable, showing that the design-builder and construction members of the
				proposed design-build team own, lease, or otherwise control all the necessary
				equipment required by the plans and specifications of the design-build project;
				and
6. Such other documentation
				required by law to be submitted with a bid for a design-bid-build
				project.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.10 - Rejection of statements of proposal; cancellation of contract award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proposals
				received after the submission date and time prescribed in the advertisement and
				RFP shall be rejected.
(b) The
				contracting unit shall have the right to reject any and all proposals, except
				for purposes of evading
				P.L.
				2021, c. 71, when it is
				otherwise deemed to be in the interest of the contracting unit or the public to
				do so. A contracting unit may not award a design-build contract unless the
				technical review committee evaluated at least two complete and responsive
				proposals from design-builders.
(c)
				A contracting unit that rejects all proposals may solicit new proposals using
				the same qualifications, evaluation factors, and budget constraints unless
				there has been a material change in circumstances affecting the needs of the
				contracting unit, including, but not limited to, environmental issues, natural
				disasters, statement of emergency, or unseen fiscal constraint. When soliciting
				new proposals, the contracting unit shall start the process by soliciting new
				statements of qualifications.
(d)
				Upon award of the design-build contract, the contracting unit shall, within
				five days, notify all unsuccessful bidders, in writing, that the contracting
				unit awarded the design-build contract to another design-builder. Within 30
				days after receiving the written notice, an unsuccessful bidder may request, in
				writing, to review the proposals submitted, the technical review committee
				evaluation scores from the selection process, and the final recommendation of
				award document. Technical proposals shall be redacted to the extent necessary
				to prevent revealing the trade secrets and proprietary commercial or financial
				information incorporated into another bidder's technical proposal.
(e) The contracting unit may cancel a notice
				of final award at any time before the execution of the design-build contract by
				the contracting unit if the contracting unit deems it advisable to do so in the
				interest of the contracting unit or the public.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.11 - Criteria for payment of stipend

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				At the discretion of the contracting unit, a stipend of no more than three
				percent of the design-build project's estimated costs may be paid to eligible
				bidders who submit responsive but unsuccessful proposals in response to the
				RFP. The decision to issue such a stipend shall be based on the contracting
				unit's analysis of the design-build project's size, scope, and complexity, and
				the anticipated degree of competition during the procurement process. A
				contracting unit may agree to pay a stipend to all bidders in the event of
				project cancellation. The purpose of the stipend is to encourage competition by
				offering to compensate responsive but unsuccessful bidders, for a portion of
				the estimated proposal development costs.
(b) The terms and conditions for the payment
				of a stipend shall be included in the RFQ and RFP.
(c) Bidders submitting a response to the RFP
				which is determined by the contracting unit in its sole discretion to be
				incomplete or otherwise non-responsive will not be entitled to a
				stipend.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.12 - Disclosure; access and record retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any and all submissions made in response
				to any RFQ and any RFP are subject to the provisions of the Open Public Records
				Act, N.J.S.A. 47:1A-1 et seq., and the
				exceptions from disclosure provided therein, except that technical proposals
				shall not be subject to disclosure prior to award of the contract.
(b) The design-builder awarded a design-build
				contract shall make available records and accounts pertaining to the
				design-build project to the Office of the State Comptroller in any
				investigations, examinations, and inspections that they may undertake of the
				activities related to the financing and undertaking of design-build projects.
				The design-builder shall also cooperate, upon request, in sharing information
				with other State or Federal entities.
(c) The design-builder and contracting unit
				shall retain all records and accounts, including records and accounts of
				subcontractors and subconsultants, for design-build project activities, as
				necessary, to evidence compliance with the Act and all applicable regulations
				and contractual requirements. Such records shall be retained for 10 years
				following substantial completion of a design-build project, and any additional
				period required for the resolution of litigation, claims, or audit findings. At
				any time, upon request of the Secretary of Higher Education, the contracting
				unit and the design-builder shall make records relating to the design-build
				project available to the Secretary within four business days of the request for
				documents and at no cost.
(d) In
				the event that any litigation, claim, audit, or request pursuant to the Open
				Public Records Act,
				N.J.S.A.
				47:1A-1 et seq., relating to the procurement
				or the performance of work under the design-build contract is commenced prior
				to expiration or termination of the design-build contract, all records relating
				to the procurement and the contract shall be retained until all litigation,
				claims, audit findings, document requests, and related appeals, if any, have
				been resolved with finality.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.13 - Fraudulent statements

Current through Register Vol. 56, No. 14, July 15, 2024
Any firm or individual who makes, or causes to be made, a
				  false, deceptive, or fraudulent statement in its submittal in response to the
				  RFQ or RFP or in the course of any hearing, litigation, mediation, or other
				  proceeding may be disqualified from bidding, suspended, and/or debarred, and/or
				  may be subject to prosecution pursuant to applicable law.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.14 - Disqualification from bidding for conflicts of interest

Current through Register Vol. 56, No. 14, July 15, 2024
Design professionals and other professional consultants
				  participating in the preparation of an RFQ or an RFP will not be permitted to
				  participate as a bidder or subconsultant to a bidder submitting a statement of
				  qualifications or a proposal.