reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 1 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 1 - DEFINITIONS › Section 12A:1-1.1 - 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, unless the context clearly indicates otherwise.
"ADA" means the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq.
"Agency" means the New Jersey Department of Commerce and Economic Development.
"Designated decision maker" means the Commissioner of Commerce and Economic Development or his or her designee.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 1 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 2 - GENERAL PROVISIONS › Section 12A:1-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. 35.107.
(b) The purpose of these rules is to establish a designated coordinator whose duties shall include assuring that the agency complies with and carries out its responsibilities under the ADA. Those duties shall also include the investigation of any complaint filed with the agency pursuant to N.J.A.C. 12A:1-4.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 1 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 3 - DESIGNATED ADA COORDINATOR › Section 12A:1-3.1 - Designated ADA coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated coordinator of ADA compliance and complaint investigation for the agency is:
ADA Coordinator
New Jersey Department of Commerce and Economic Development
P O Box 822
Trenton, New Jersey 08625-0822
(b) All inquiries regarding the agency's compliance with the ADA and the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency should be directed to the designated coordinator identified in (a) above.
(c) All grievances alleging that the agency has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the designated ADA coordinator identified in this section, in accordance with the procedures set forth in N.J.A.C. 12A:1-4.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 1 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 12A:1-4.1 - Grievance procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA coordinator identified in 12A:1-3.1 within 30 days of the grievant becoming aware of the alleged violation. A grievance alleging employment discrimination will be processed pursuant to the rules of the Department of Personnel, 4A:7-1.1 through 3.4, if those rules are applicable.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 1 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 12A:1-4.2 - Grievance contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grievance submitted pursuant to this subchapter may be submitted in or on the form set forth at 12A:1-4.3.
(b) A grievance submitted pursuant to this subchapter shall include the following information:
1. The name of the grievant and/or any alternate contact person designated by the grievant to receive communication or provide information for the grievant;
2. The address and telephone number of the grievant or alternate contact person; and
3. A description of manner in which the ADA has not been complied with or has been violated, including times and locations of events and names of witnesses if appropriate.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 1 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 12A:1-4.3 - Grievance form

Current through Register Vol. 56, No. 14, July 15, 2024
The following form may be utilized for the submission of a grievance pursuant to this subchapter:
Americans with Disabilities Act Grievance Form
Date: .........
Name of grievant: .........................................................
Address of grievant: ......................................................
Telephone number of grievant:..............................................
Name, address and telephone number of alternate contact
person: .....................................................................
.............................................................................
.............................................................................
Agency alleged to have denied access:
Department: .................................................................
Division: ...................................................................
Bureau or office: ...........................................................
Location:....................................................................
Incident or barrier: ........................................................
Please describe the particular way in which you believe you have been denied the benefits of any service, program or activity or have otherwise been subject to discrimination. Please specify dates, times and places of incidents, and names and/or positions of agency employees involved, if any, as well as names, addresses and telephone numbers of any witnesses to any such incident. Attach additional pages if necessary.
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
Proposed access or accommodation:
If you wish, describe the way in which you feel access may be had to the benefits described above, or that accommodation could be provided to allow access.
.....................................................................
.....................................................................
.....................................................................
A copy of the above form may be obtained by contacting the designated ADA coordinator identified at 12A:1-3.1.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 1 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 12A:1-4.4 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a grievance submitted pursuant to this subchapter, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The designated ADA coordinator will also indicate a date by which it is expected that the investigation will be completed, which date shall not be later than 45 days from the date of receipt of the grievance if practicable or unless a later date is agreed to by the grievant.
(b) Upon completion of the investigation, the designated ADA coordinator shall prepare a report for review by the designated decision maker for the agency. The designated decision maker shall render a written decision within 45 days of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant, which decision shall be transmitted to the grievant and/or the alternate contact person if so designated by the grievant.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 1 - PURCHASING › Section 12A:130-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish and prescribe the standing rules and procedures which are to be observed by the Atlantic City Convention Center Authority ("ACCCA") for all purchases, contracts or agreements, entered into with any private vendors.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 1 - PURCHASING › Section 12A:130-1.3 - Purchases, contracts or agreements under threshold amount

Current through Register Vol. 56, No. 14, July 15, 2024
All purchases, contracts or agreements, where the cost or contract price is less than or equal to the threshold amount, may be made, negotiated or awarded by ACCCA without advertising and in any manner which ACCCA, in its sole discretion, deems necessary and, where practicable, consistent with the promotion of full and free competition. Methods of award, contract or negotiation may include, without limitation, acceptance of price quotations, telephone solicitation or request for proposals.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 1 - PURCHASING › Section 12A:130-1.4 - Repeat purchases

Current through Register Vol. 56, No. 14, July 15, 2024
In the case of materials, supplies and services which are procured repeatedly, awards may be made at various times to the successful bidder (whose bid was secured in accordance with this subchapter) for a period of two years from the date of the bid opening (subject to available funds) or until the contract amount has been reached or exceeded for such materials, supplies and services that shall be obtained from such bidder, whichever event shall first occur.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 1 - PURCHASING › Section 12A:130-1.5 - Emergency purchases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever an exigency or emergency exists of a nature requiring the immediate acquisition of personal property or services, the rules and procedures otherwise applicable, which are inconsistent with this section, shall not apply.
(b) In such cases under (a) above, ACCCA shall, by such solicitation as it considers advisable, obtain whatever is necessary to meet the exigency or emergency on the most advantageous terms possible under the circumstances.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 1 - PURCHASING › Section 12A:130-1.6 - Receipt and opening of bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All bids shall be submitted in sealed envelopes on the appropriately signed bid forms before the time and date fixed as the deadline for public bidding.
(b) Any bids received after the bidding has been closed shall be returned unopened.
(c) Telephone, telegram or fax bids are not acceptable.
(d) The name of the bidder, item description, applicable purchase request or contract number, if any, shall be designated on the face of each sealed envelope submitted.
(e) On the appropriate date and at the appropriate time and place, the bids shall be opened and publicly read.
(f) For any reasons deemed by ACCCA to be in its best interests, ACCCA may, at any time prior to the scheduled public opening, postpone the receipt and opening of bids for a reasonable period. Appropriate notice of such postponement shall be given to all known prospective bidders.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 1 - PURCHASING › Section 12A:130-1.7 - Terms and conditions; submission of bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All bids shall be properly signed in ink and executed by an authorized official.
(b) Any correction of an entry made on any of the bid forms shall be initialed by the party signing the bid. If a bidder discovers that he or she has made an error in submitting his or her bid, then he or she may correct the bid by letter, telegram or fax, provided that all corrections are in and complete before the time of the bid opening. No alterations or corrections shall be allowed after bids are opened.
(c) Bidders may withdraw, or withdraw and resubmit, bids at any time prior to the public opening, but not thereafter without the written consent of ACCCA (which consent may be granted or withheld at ACCCA's sole discretion). In exercising the discretion referred to in the preceding sentence, ACCCA shall evaluate such factors as: the effect consent or refusal to consent will have on the bidder making the request and on the other bidders; the effect of same on the integrity and fairness of the bidding process; and the other factors set forth in 12A:130-1.2(b). Bids may be withdrawn on written request received by ACCCA prior to the public opening and signed by a duly authorized representative of the bidding firm. Bids so withdrawn shall be returned unopened.
(d) In case of inconsistencies or error in prices, extensions and/or totals, ACCCA shall have sole discretion to make determinations with regard to same.
(e) Unless contrary to the nature of the procurement, or unless otherwise instructed, bidders shall be permitted to submit partial bids. ACCCA reserves the right to accept any item or group of items of any bid.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 1 - PURCHASING › Section 12A:130-1.8 - Bid and performance guarantees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless expressly waived by ACCCA based on ACCCA's evaluation of the factors set forth in 12A:130-1.2(b), successful bids submitted relative to service contract awards involving expenditures equaling or exceeding the threshold amount shall be accompanied by bid security which qualifies under (c) below ("bid security") amounting to not less than either 10 percent of the total bid price or any other amount which may be established not exceeding 100 percent of the total bid price.
(b) At the discretion of ACCCA, bid security may be required for bids amounting to less than the threshold amount. ACCCA shall exercise its discretion after evaluating the factors set forth in 12A:130-1.2(b).
(c) The bid security, if required, shall be submitted in the form of a certified check payable to ACCCA, bank cashier's check made payable to ACCCA, or surety corporation bid bonds in favor of ACCCA.
(d) Failure to submit a bid security as and when required shall result in rejection of the bid.
(e) In the event that any bidder fails to accept an award in accordance with his or her bid, the bid security submitted shall be immediately forfeited.
(f) All bid security shall be returned to unsuccessful bidders as soon as possible after the award is made. The bid security furnished by successful bidders shall be returned after the delivery to ACCCA of a properly executed contract and related documents.
(g) ACCCA, in its discretion, may require a successful bidder, as a condition of a contract, to post a performance bond, to personally guarantee performance by an entity in which such guarantor is an equity owner or to provide such other security for performance as ACCCA may determine (the "performance security"). ACCCA shall exercise its discretion after evaluating the factors set forth in 12A:130-1.2(b).
(h) Unless expressly waived by ACCCA based on ACCCA's evaluation of the factors set forth in 12A:130-1.2(b), successful construction contract awards equaling or exceeding the threshold amount shall be accompanied by performance security equal to the total contract amount.
(i) At the discretion of ACCCA, performance security may be required for contracts amounting to less than the threshold amount. ACCCA shall exercise its discretion after evaluating the factors set forth in 12A:130-1.2(b).
(j) Failure to submit performance security as and when required shall constitute a default under an existing contract with the successful bidder or a refusal by the successful bidder to enter into a contract, as the case may be.
(k) All performance security shall be returned to the successful bidder as soon as is appropriate following full and proper performance by the successful bidder of the applicable contract.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 1 - PURCHASING › Section 12A:130-1.9 - Rejection of bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When ACCCA determines, in its sole discretion, it to be in the best interests of ACCCA, it may reject any and all bids relative to an acquisition or it may award the bid in whole or in part. In exercising its discretion, ACCCA shall evaluate those factors set forth in 12A:130-1.2(b).
(b) When ACCCA determines, in its sole discretion, it to be in the best interests of ACCCA, it may waive minor irregularities in bids or in the required formalities. In exercising its discretion, ACCCA shall evaluate those factors set forth in 12A:130-1.2(b).
(c) ACCCA shall have the right to readvertise.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 1 - PURCHASING › Section 12A:130-1.10 - Procedures to resolve protested solicitations and awards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any actual or prospective bidder, offeror or contractor who is aggrieved in connection with the solicitation or award of a contract or its prequalification status or classification may protest to ACCCA. The protest shall be submitted in writing within five business days after such aggrieved person knows or should have known of the facts giving rise thereto. Failure to file a timely protest shall bar any further action. The written protest shall set forth in detail the facts upon which the protesting party bases his or her protest.
(b) Upon the filing of a timely protest, ACCCA's Executive Director or his or her designee shall have the authority to conduct a hearing, to settle and resolve a protest of an aggrieved bidder, offeror or contractor concerning the solicitation or award of contract or prequalification status or classification.
(c) If the protest is not resolved by mutual agreement, ACCCA's Executive Director or his or her designee shall issue a decision in writing promptly following conclusion of the hearing. The decision shall state the determination made and the reasons for the actions taken. The decision shall be mailed or furnished promptly to the protesting party and any other interested party.
(d) A decision under (c) above shall be final and conclusive, unless any person adversely affected by the decision commences an action in court.
(e) In the event of a timely protest under (a) above, ACCCA shall not proceed further with the solicitation, or with the award of the contract until the decision is rendered under (c) above, or until the Executive Director after consultation with the appropriate ACCCA personnel makes a written determination that the continued solicitation or award of the contract without delay is necessary to protect the interests of ACCCA or the public.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 1 - PURCHASING › Section 12A:130-1.11 - Construction and amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter shall be construed in accordance with generally accepted principles of statutory construction, including those set forth in 1:1-1 et seq.
(b) The rules in this subchapter shall be liberally construed to permit ACCCA to effectively carry out its statutory functions and, in particular, those powers and duties pursuant to which it is necessary and/or advisable to enter into contracts for its purchase of goods or services.
(c) Nothing contained in the rules in this subchapter shall be so construed as to conflict with any provision of the Atlantic City Convention Center Authority Act (52:27H-29 et seq.) or any other applicable statute.
(d) If it is in the public interest to do so, ACCCA may relax or permit deviations from the rule in this subchapter. In determining whether it is in the public interest to do so, ACCCA shall evaluate the factors set forth in 12A:130-1.2(b).
(e) The rules in this subchapter may be amended by ACCCA from time to time in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq.
(f) Whenever any provision of these rules requires that an act or event occur on a specified day or date, and such day or date falls upon a Saturday, Sunday or legal holiday, such provision shall be construed to refer to the next business day immediately following such day or date.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 2 - BOOKING POLICIES › Section 12A:130-2.1 - Purpose/certain evaluative factors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Atlantic City Convention Center and the Atlantic City Boardwalk Hall (individually, a "Venue" and collectively, the "Venues") are each multipurpose facilities owned by the New Jersey Sports and Exposition Authority (NJSEA) and operated by the Atlantic City Convention Center Authority (ACCCA). The Venues have been and/or are being developed with the primary objective of booking events and activities that generate significant economic benefits to Atlantic City and the State of New Jersey. In addition, the Venues have been and/or are being developed with a secondary objective to serve as centers for entertainment, events that promote commerce, and activities that generally enhance the quality of life in the community. The Venues shall not be available for use solely as a night club, cabaret, bar or tavern unless in furtherance of, and ancillary to, a recognized and
bona fide
charitable or not-for-profit event, or ancillary to a
bona fide
convention; trade show; consumer or trade tasting, sample or marketing show; wedding, religious, fraternal or club ceremony; business, educational, union or club meeting; or a dinner event. It is the purpose of this subchapter to set forth certain general booking policies and procedures to be utilized in the operation of the Venues by ACCCA and its designated management.
(b) When scheduling events at a Venue, consideration shall be given by ACCCA to the following factors:
1. The level of economic impact to the local hospitality industry;
2. The projected revenue to the applicable Venue;
3. The time of year;
4. The potential for repeat booking;
5. The event history and organizer's experience in similar facilities;
6. The relative quality of the event;
7. The event's potential for economic expansion;
8. The overall benefit of the event to the region;
9. The business goals of ACCCA; and
10. Such other factors as the ACCCA and/or any other operator of the Venues shall determine, in its sole discretion, to be significant and in accordance with the stated objectives for operation of the Venues as set forth in (a) above and 52:27H-29 et seq.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 2 - BOOKING POLICIES › Section 12A:130-2.2 - Long-term bookings

Current through Register Vol. 56, No. 14, July 15, 2024
Reservations for conventions, trade shows and other events that are being made more than 14 months in advance are long-term bookings and are subject to these rules including, without limitation, those set forth in 12A:130-2.4(a).
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 2 - BOOKING POLICIES › Section 12A:130-2.3 - Short-term bookings

Current through Register Vol. 56, No. 14, July 15, 2024
Reservations for conventions, trade shows and other events that are being made less than 14 months in advance are short-term bookings and are subject to these rules including, without limitation, those set forth in 12A:130-2.4(b).
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 2 - BOOKING POLICIES › Section 12A:130-2.4 - Scheduling priorities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) First priority for scheduling events and the use of facilities and dates in a Venue is available to regional, national and international conventions, trade shows and similar activities that are not open to the general public and which, in the sole discretion of ACCCA, shall have a significant economic impact on the Atlantic City hospitality industry. In exercising its discretion as set forth in the preceding sentence, ACCCA shall consider the evaluative factors identified in 12A:130-2.1(b). Conventions, trade shows and similar activities held in Atlantic City on an annual basis shall be given additional preference within this category of events.
1. Date reservations for first priority events may be made as far in advance as necessary or appropriate.
2. A license agreement may be issued as far in advance as ACCCA, in its sole discretion, determines to be necessary or advisable. A prospective licensee seeking a definite booking for a first priority event shall, however, execute a license agreement at least 14 months prior to the event.
3. The total estimated rent shall be due according to the following schedule, provided that, in the event the license agreement contains a schedule of rent to be paid, the rent shall be due in accordance with the terms of the license agreement. Any remaining balance shall be paid at "settlement." Settlement shall be held at ACCCA on that date designated in the applicable license agreement:
i. 25 percent upon execution of the license agreement;
ii. 25 percent 180 days prior to the event;
iii. 25 percent 90 days prior to the event; and
iv. 25 percent 30 days prior to the event (plus 100 percent of the estimated event-related charges).
4. Events that are cancelled after a license agreement has been executed shall result in the forfeiture by the prospective licensee of all deposits and scheduled payments as liquidated damages.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 2 - BOOKING POLICIES › Section 12A:130-2.5 - Scheduling protection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Scheduling protection may, at the sole discretion of the ACCCA, be granted to events that possess a clear and obvious conflict in that they are, in the opinion of ACCCA, substantially similar events. In exercising its discretion as set forth in the preceding sentence, ACCCA shall consider the evaluative factors identified in 12A:130-2.1(b). Such protection shall be included in the license agreement and shall state that such events as are, in the opinion of ACCCA, substantially similar shall not, except as otherwise provided in this subchapter, be scheduled within a total of 60 days around one particular event. The period of time within which an event will be protected from substantially similar events may be arranged with some flexibility by ACCCA; however, ACCCA shall not, without good cause (in determining whether good cause exists, ACCCA shall rely on an analysis of the evaluative factors set forth in 12A:130-2.1(b)  ), schedule an event without providing a period of:
1. 45 consecutive days before the particular event and 15 consecutive days after the particular event when no substantially similar event is scheduled; or
2. 45 consecutive days after the particular event and 15 consecutive days before the particular event when no substantially similar event is scheduled.
EXAMPLE 1: By way of example of the provisions of (a)1 above, if an event called "Y" is substantially similar to events called "X" and "Z" then "Y" may be scheduled on August 16th if "X" were scheduled on July 1st and "Z" were scheduled on September 4th of the same year. This scheduling would comply with this rule since there is no substantially similar event for a period of at least 45 days before the event "Y" and no substantially similar event for a period of at least 15 days after the event "Y." There is also a total of more than 60 days around the event "Y" when no substantially similar event is scheduled.
EXAMPLE 2: By way of example of the provisions of (a)2 above, if an event called "B" is substantially similar to events called "A" and "C" then "B" may be scheduled on July 16th if "A" were scheduled on June 30th and "C" were scheduled on September 3rd of the same year. This scheduling would comply with this rule since there is no substantially similar event for a period of at least 45 days after the event "B" and no substantially similar event for a period of at least 15 days before the event "B." There is also a total of more than 60 days around the event "B" when no substantially similar event is scheduled.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 2 - BOOKING POLICIES › Section 12A:130-2.6 - Scheduling status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Facilities and dates may be temporarily held pending the advancement to definite status or notification of cancellation by either party, which notice of cancellation shall be given in writing and may be given for any reason and at any time prior to definite status, it being ACCCA's intention that the designation "temporarily held" or similar designation is descriptive in nature only and is not intended to confer any rights.
(b) Facilities and dates are considered confirmed and "contracted" upon execution of a license agreement and receipt of a deposit as set forth in this subchapter.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 2 - BOOKING POLICIES › Section 12A:130-2.8 - Construction and amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter shall be construed in accordance with generally accepted principles of statutory construction, including those set forth in 1:1-1 et seq.
(b) The rules in this subchapter shall be liberally construed to permit ACCCA to effectively carry out its statutory functions and, in particular, those powers and duties pursuant to which it is necessary and/or advisable to enter into agreements involving the licensing and/or leasing of the Venues for events and activities of any kind.
(c) Nothing contained in the rules in this subchapter shall be so construed as to conflict with any provision of the Atlantic City Convention Center Authority Act (52:27H-29 et seq.) or any other applicable statute.
(d) In special cases and for good cause shown, ACCCA may relax or permit deviations from the Regulations in this subchapter. In determining whether a special case and good cause exists, ACCCA shall rely on an analysis of the evaluative factors set forth in 12A:130-2.1(b).
(e) The rules in this subchapter may be amended by ACCCA from time to time in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq.
(f) Whenever any provision of these rules requires that an act or event occur on a specified day or date, and such day or date falls upon a Saturday, Sunday or legal holiday, such provision shall be construed to refer to the next business day immediately following such day or date.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 3 - CURB POLICIES › Section 12A:130-3.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The Atlantic City Convention Center and the Atlantic City Boardwalk Hall are each multi-purpose facilities owned by the New Jersey Sports and Exposition Authority (NJSEA) and operated by the Atlantic City Convention Center Authority (ACCCA) and developed with the primary objective of booking events and activities that will generate significant economic benefits to Atlantic City and the State of New Jersey and with the secondary objective of service as centers for entertainment, events that promote commerce, and activities that generally enhance the quality of life in the community. Consistent with these objectives, it is anticipated that the Atlantic City Convention Center will be the focus of significant volumes of vehicular and pedestrian traffic and such traffic will require the implementation of policies and procedures to promote the safety, orderliness and efficiency in the management of such traffic. It is the purpose of this subchapter to set forth certain curb policies and procedures to be utilized in the operation of the Atlantic City Convention Center by ACCCA and its designated management.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 3 - CURB POLICIES › Section 12A:130-3.3 - Scheduling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise provided in this subchapter, an operator of a vehicle may only drive his or her vehicle or any other vehicle upon the Atlantic City Convention Center property for purposes permitted by ACCCA and in accordance with all requirements, routes, locations, schedules and procedures then in effect, which are applicable to the Atlantic City Convention Center. A failure by an operator to comply with the provisions of the preceding sentence may, in the sole discretion of ACCCA, result in the immediate prevention of access to or eviction from the Atlantic City Convention Center property. In exercising its discretion under this paragraph, ACCCA shall consider evaluative factors, such as: safety, orderliness, accessibility, efficient operation of the Atlantic City Convention Center, requirements of the specific event being presented at the Atlantic City Convention Center, weather conditions and traffic patterns in the area in proximity to the Atlantic City Convention Center.
(b) The nature of the events at the Atlantic City Convention Center and the volume of people and vehicles drawn by such events shall vary significantly from event to event. As a result, ACCCA shall establish certain requirements relating to the permissible traffic on the Atlantic City Convention Center property on an event-by-event basis. ACCCA shall, from event to event, establish requirements, routes, locations, schedules and procedures relating to its curb usage, including those that involve ingress, egress, parking, standing, pick up, drop off, timing and duration of such activities and any other matters, which ACCCA determines, in its sole discretion, to be significant for the proper operation of the Atlantic City Convention Center property. ACCCA reserves the right to revise, alter, amend, suspend, revoke or terminate any and all such requirements, routes, locations, schedules and procedures as and when it shall be in the best interests of the Atlantic City Convention Center, as determined by ACCCA, in its sole discretion, to do so. In the event of any such revision, alteration, amendment, suspension, revocation or termination of a requirement, route, location, schedule or procedure, ACCCA shall make reasonable efforts to provide reasonable notice of same as soon as practicable. Such notice will be accomplished by use of traffic guards, police officers, signage or other appropriate means. In exercising its discretion set forth in this paragraph, ACCCA will rely on an analysis of the evaluative factors set forth in 12A:130-3.3(a).
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 3 - CURB POLICIES › Section 12A:130-3.4 - Dispute resolution procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who is aggrieved in connection with the provisions of the rules in this subchapter may protest to ACCCA. The protest shall be submitted in writing within five business days after such aggrieved person knows or should have known of the facts giving rise thereto. Failure to file a timely protest shall bar any further action. The written protest shall set forth in detail the facts upon which the protesting party bases his or her protest.
(b) Upon the filing of a timely protest, ACCCA's Executive Director shall have the authority to conduct a hearing, to settle and resolve a protest of an aggrieved person. This authority shall be exercised in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(c) If the protest is not resolved by mutual agreement, ACCCA's Executive Director or his or her designee shall issue a decision in writing promptly following conclusion of the hearing. The decision shall state the determination made and the reasons for the actions taken. The decision shall be mailed or furnished promptly to the protesting party and any other interested party.
(d) A decision under (c) above shall be final and conclusive, unless any person adversely affected by the decision commences an action in court.
(e) In the event of a timely protest under (a) above, ACCCA shall not proceed further with the action which is the subject of the dispute until the decision is rendered under (c) above, or until the Executive Director after consultation with the appropriate ACCCA personnel makes a written determination that the continuation of the action which is the subject of the dispute without delay is necessary to protect the interests of ACCCA or the public.
New Jersey Administrative Code › Title 12A - COMMERCE › Chapter 130 - RESERVED › Subchapter 3 - CURB POLICIES › Section 12A:130-3.5 - Construction and amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rule in this subchapter shall be construed in accordance with generally accepted principles of statutory construction, including those set forth in 1:1-1 et seq.
(b) The rules in this subchapter shall be liberally construed to permit ACCCA to effectively carry out its statutory functions and, in particular, those powers and duties pursuant to which it is necessary and/or advisable to regulate vehicular and pedestrian traffic on the Atlantic City Convention Center property.
(c) Nothing contained in the rules in this subchapter shall be construed as to conflict with any provision of the Atlantic City Convention Center Authority Act (52:27H-29 et seq.) or any other applicable statute.
(d) In special cases and for good cause shown, ACCCA may relax or permit deviations from the rules in this subchapter. In determining whether a special case and good cause exists, ACCCA shall rely on an analysis of the evaluative factors set forth in 12A:130-3.3(a).
(e) The rules in this subchapter may be amended by ACCCA from time to time in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq.
(f) Whenever any provision of these rules requires that an act or event occur on a specified day or date, and such day or date falls upon a Saturday, Sunday or legal holiday, such provision shall be construed to refer to the next business day immediately following such day or date.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1 - POLICE TRAINING COMMISSION › Subchapter 2 - GENERAL PROVISIONS › Section 13:1-2.1 - Purpose and organization, relaxation, or waiver of rules

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter shall be considered as general rules for the operation of the Commission and the administration of the Police Training Act, with the goal of enhancing professionalism, transparency, and accountability of law enforcement. These rules have been designed to facilitate the education and training of law enforcement officers. Additionally, with the purpose of promoting and assuring integrity, competence, and fitness for duty of law enforcement officers, this chapter establishes the standards and procedures for the licensure of law enforcement officers and for the denial or revocation or suspension of licensure for law enforcement officers who act outside the bounds of professionalism or engage in illegal or improper conduct. The rules also delineate the responsibilities of employing law enforcement units and schools for police training. The rules may be relaxed or dispensed with by the Commission in any instance where it shall be apparent to the Commission that strict adherence would result in an injustice to an individual or a law enforcement unit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1 - POLICE TRAINING COMMISSION › Subchapter 2 - GENERAL PROVISIONS › Section 13:1-2.2 - Authority of the Commission Chairperson

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any matter not expressly controlled by this chapter or by statute or in any urgent matter, the Commission Chairperson, acting on behalf of the other commissioners, shall exercise their discretion in Commission matters. When it becomes necessary for the Commission Chairperson to exercise such discretion, they shall report on their actions to the other commissioners as soon thereafter as practical, which action shall be considered for ratification at the next scheduled Commission meeting.
(b) The Commission Chairperson, acting on behalf of other commissioners, shall act on day-to-day functions necessary to ensure the continuous operations and functions of the Commission. The Commission Chairperson shall present a report to the full Commission at each public meeting on the day-to-day functions of the Chairperson and the Commission's administrative staff.
(c) The Commission Chairperson shall have the authority to appoint an Administrator of Police Services to the Commission and to employ other Commission staff, as needed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1 - POLICE TRAINING COMMISSION › Subchapter 2 - GENERAL PROVISIONS › Section 13:1-2.3 - Composition of the Police Training Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The membership of the Commission shall consist of the following persons:
1. Four public members, residing in this State, who shall be appointed by the Governor with the advice and consent of the Senate for terms of three years;
2. The president or other representative designated in accordance with the bylaws of each of the following organizations:
i. New Jersey State Association of Chiefs of Police;
ii. New Jersey State Policemen's Benevolent Association, Inc.;
iii. New Jersey State League of Municipalities;
iv. New Jersey State Lodge, Fraternal Order of Police;
v. State Troopers Fraternal Association of New Jersey;
vi. County Prosecutors' Association of New Jersey;
vii. Sheriffs' Association of New Jersey;
viii. Police Academy Directors Association;
ix. New Jersey County Jail Wardens Association;
x. New Jersey Juvenile Detention Association; and
xi. National Organization of Black Law Enforcement Executives;
3. The Attorney General, the Superintendent of State Police, the Commissioner of the Department of Education, the Commissioner of the Department of Corrections, and the Chairperson of the State Parole Board, ex officio, or their designees; and
4. The special agent in charge of the State of New Jersey for the Federal Bureau of Investigation, or a designated representative.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1 - POLICE TRAINING COMMISSION › Subchapter 2 - GENERAL PROVISIONS › Section 13:1-2.4 - Obligations of the members of the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All members of the Commission shall, during their term of office, annually complete confidentiality, ethics, and other training as required by the Attorney General's Office.
(b) All newly appointed public members of the Commission shall annually complete courses designed to familiarize the members with relevant law enforcement training concepts, including, but not limited to, the Use of Force Policy and internal affairs policy and procedures.
(c) Any Commission member who may have an actual, perceived, or potential conflict of interest or appearance of bias that could prevent the member from making a fair and impartial decision in any action or proceeding should recuse themselves; or if the Commission member fails to recuse themselves, the Commission may, by a simple majority, vote to recuse that member from the proceeding affected by the conflict.
(d) A majority of those members currently serving on the Commission shall constitute a quorum for the transaction of any business, the performance of any duty, or for the exercise of any of its powers.
(e) Members participating in an ongoing proceeding before the Commission or the Licensing Committee on charges that could lead to an adverse licensure action shall attend all days of the hearing or be provided with access to recordings or transcripts of the hearing, documentary evidence, and written submissions prior to deliberations in the matter.
(f) All members, except those enumerated at N.J.A.C. 13:1-2.3(a)3  and 4, may submit requests for reimbursement of expenses incurred in the performance of their official duties.
(g) All meetings of the Commission shall be conducted in compliance with N.J.S.A. 10:4-6, the Senator Bryon M. Baer Open Public Meetings Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1 - POLICE TRAINING COMMISSION › Subchapter 2 - GENERAL PROVISIONS › Section 13:1-2.6 - Establishment and authority of the Licensing Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Licensing Committee, established pursuant to N.J.S.A. 52:17B-71a.d, has the following authorities, responsibilities, and duties:
1. To review applications for, and recommend to the Commission on, the issuance of initial law enforcement officer licenses to qualified applicants;
2. To request additional information and appearances, as necessary, to determine qualifications for initial licensure and maintenance and renewal of licensure;
3. To review and make recommendations on matters potentially providing grounds for adverse licensure actions, refusals to renew, or denials of licensure;
4. To designate a hearing officer to conduct a hearing;
5. To conduct license renewal, suspension, revocation, or denial hearings and to exercise the authorities set forth at N.J.A.C. 13:1-2.7 when conducting hearings; and
6. To recommend, to the full Commission, adverse licensure actions, refusals to renew, or denials of licensure in matters brought before the Commission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1 - POLICE TRAINING COMMISSION › Subchapter 2 - GENERAL PROVISIONS › Section 13:1-2.7 - Authority of the hearing officer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing officer shall be required to annually complete confidentiality, ethics, and other training as required by the Attorney General's Office or the Commission, as well as abide by the conflict of interest rules pursuant to N.J.A.C. 13:1-2.4(c), as required of the members of the Commission. The hearing officer shall recuse or decline an assignment if the hearing officer has a conflict of interest, or perceived conflict of interest, or bias relating to the matter.
(b) A hearing officer assigned to conduct a hearing in a matter seeking an adverse licensure action shall have the following authorities:
1. To call witnesses;
2. To administer oaths and affirmations;
3. To take testimony and establish a record;
4. To require the production of any books or papers relating to the matter;
5. To rule on the admissibility of evidence;
6. To receive documentary evidence and may in the exercise of discretion exclude evidence if its probative value is substantially outweighed by the risk that its admission will either necessitate undue consumption of time or create substantial danger of undue prejudice or confusion;
7. To keep the hearing within reasonable limits by refusing to permit the collection and presentation of evidence that is not necessary for an adequate understanding of the matter and by exercising discretion to limit lines of questioning or testimony that are repetitive, cumulative, or irrelevant;
8. To regulate the course of the hearing and prevent the harassment and abuse of witnesses, and, if appropriate, exclude persons or counsel from the hearing for contemptuous conduct and strike all related testimony of a witness refusing to answer any proper question;
9. To hold conferences with both parties present for settling or simplifying the issues;
10. To dispose of procedural requests, motions, or similar matters that shall be made part of the record of the proceeding, including motions referred to the hearing officer by the Licensing Committee, to recommend dismissal of cases in whole or in part, and to order hearings reopened;
11. To require the parties to submit post-hearing submissions; and
12. To issue a written report providing findings of fact and making recommendations to the Licensing Committee and the Commission, serving a copy on the parties.