New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 7 - PROTESTS AND HEARING PROCEDURES › Section 19:38D-7.3 - Hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hearing
				  procedures shall be as follows:
1. The
				  Authority, in its sole discretion, shall determine whether to grant an informal
				  hearing regarding any protest. Informal hearings are for fact-finding purposes
				  for the benefit of the Authority. Alternatively, the Authority may determine
				  that sufficient information already exists in the record so that a decision may
				  be made without a hearing, and the Authority may issue a final agency decision
				  accordingly. In the event that the Authority determines that a hearing is not
				  necessary, a written final agency decision will be issued by the Authority
				  within five business days of receipt of all documents related to the
				  protest.
2. Informal hearings will
				  be held, where feasible, within 14 business days of the receipt of the request.
				  Hearings will be heard, where practicable, by a hearing officer designated by
				  the Chief Executive Officer. The hearing officer shall issue a final agency
				  decision within 30 calendar days of the conclusion of the hearing unless, due
				  to the circumstances of the hearing, a greater time is required. For all
				  protests of the RFQ or RFP processes and documents, the written final agency
				  decision will issue prior to the opening of proposals. If a decision based upon
				  a protest results in a modification of the aforesaid process or documents, the
				  modifications relating to such decision shall be conveyed by addendum to all
				  vendors eligible for the procurement at issue.
3. In an informal hearing, the Authority may,
				  in instances where public exigency exists or where there is potential for
				  substantial savings to the State, modify or amend the time frames or any other
				  requirements provided in this subchapter. In these instances, the Authority
				  shall document, for the record, the rationale for such amendment and give
				  adequate notice to the parties involved.
4. For matters of dispute that may occur
				  relative to the activities of the Authority, if formal hearings are warranted,
				  such hearings will be held by the Chief Executive Officer or his or her
				  designee, or by an Administrative Law Judge pursuant to the Administrative
				  Procedure Act,
				  52:14B-1 et seq. and 52:14F-1 et
				  seq., as applicable.
5. The Board
				  of the Authority, or the Chief Executive Officer, as its designee, shall
				  determine whether a matter constitutes a contested case and shall retain or
				  refer any such matter for hearing pursuant to the Administrative Procedure Act,
				  52:14B-1 et seq. and 52:14F-1 et
				  seq. Upon filing of the initial pleading in a contested case, the Board of the
				  Authority may, by resolution, either retain the matter for hearing directly, or
				  transmit the matter for hearing before the Office of Administrative Law. Such
				  hearings shall be governed by the provisions of the Administrative Procedure
				  Act, 52:14B-1 et seq. and 52:14F-1 et
				  seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.