reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 8 - STATE GOVERNMENT ENTITY PROCEDURES AND REQUIREMENTS › Section 17:49-8.1 - Minimum State government entity standards for operation of a project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State
				government entity may enter into a public-private partnership agreement with a
				private entity to assume full financial and administrative responsibility for
				the development, construction, reconstruction, repair, alteration, improvement,
				extension, operation, and maintenance of a public building or highway,
				including any infrastructure or facility to be used by the public or in support
				of a public purpose, or for the benefit of the public, provided that the
				project is financed in whole or part by the private entity, and the State
				government entity retains full ownership of the land upon which the project is
				located.
(b) A State government
				entity shall complete the following steps to ensure a project meets the policy,
				risk allocation/transfer, funding, social equity, market readiness, legal,
				innovation, life cycle, and accelerated delivery requirements requisite within
				a public-private partnership agreement:
1.
				Step 1: Complete a self-assessment utilizing the initial screening criteria
				outlined in Treasury's Initial Screening Tool available at
www.treasury.nj.gov/
				p3screening1
. A State government entity shall submit this
				self-assessment screening, along with proof of any necessary approvals by the
				State House Commission or Legislature, with its application to the Office of
				Public Finance; and
2. Step 2:
				Assuming successful completion of a self-assessment, report to the Office of
				Public Finance, through an email to p3@treas.nj.gov, that it is considering
				pursuing a public-private partnership. The State government entity shall
				conduct a project analysis, in conjunction with financial and other experts
				possessing the requisite minimum criteria outlined at N.J.A.C. 17:49-3.2, to
				determine the financial and technical viability of a potential project, prior
				to submission to the Office of Public Finance. A State government entity shall
				submit all supporting documents with its application to the Office of Public
				Finance, including information on the credentials of the experts retained for
				purposes of conducting the project analysis, as required by N.J.A.C.
				17:49-8.5.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 8 - STATE GOVERNMENT ENTITY PROCEDURES AND REQUIREMENTS › Section 17:49-8.2 - Project analysis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				application to enter into a public-private partnership from a State government
				entity, shall include full documentation of the following information and
				analyses for submission to the Office of Public Finance, for approval to enter
				into a public-private partnership:
1. A
				narrative of the project, including the role and responsibilities of the
				parties, and an assessment of the project's viability, including the outcome
				and objectives to be realized by the project;
2. An assessment of the benefits or risks to
				be realized by the project;
3. The
				total risk-adjusted cost of the project, including costs associated with
				procurement, financing, design, construction, operation, and maintenance
				(including oversight costs) over the useful life of the asset that will be
				built or the length (in years) of the potential public-private partnership
				agreement, both for delivery as a public-private partnership and delivery under
				a conventional public sector approach, supported by evidence from comparable
				projects;
4. The maximum public
				contribution of public funds or assets that a State government entity will
				invest in or contribute to the project under the public-private
				partnership;
5. A comparison of the
				financial and non-financial benefits of the public-private partnership,
				including the technical, technological, or socioeconomic merit of a project,
				compared to other options including a public sector option or not proceeding
				with a project;
6. A list of risks,
				liabilities, and responsibilities to be transferred to the private entity and
				those to be retained by the State government entity as well as an analysis of
				the financial capacity of the private entity and State government entity,
				including an analysis of how the project's execution shall impact the financial
				status of the State government entity;
7. An analysis that delivery as a
				public-private partnership will optimize schedule, cost (on a risk-adjusted and
				useful life basis), and quality outcomes for the project, relative to a public
				sector option; and
8. Whether the
				project has a high, medium, or low level of project delivery risk and how the
				public is protected from these risks.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 8 - STATE GOVERNMENT ENTITY PROCEDURES AND REQUIREMENTS › Section 17:49-8.3 - Public notice and hearing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for qualification shall include
				the following:
1. A request for
				qualification, soliciting a response from private entities for participation in
				a public-private partnership project shall be advertised sufficiently in
				advance to generate competitive interest, but at a minimum at least 45 days
				prior to the advertised date for submission of responses to the request for
				qualification.
2. The advertisement
				of the request for qualifications shall be published on the official Internet
				website of the State government entity and at least one newspaper with
				Statewide circulation.
3. A request
				for qualification shall clearly set forth the requirements for a public-private
				partnership agreement pursuant to N.J.A.C. 17:49-8.5(a).
4. The request for qualification shall define
				the standards for responsiveness, including identification of any required
				submissions, documents, proof of licensure or qualification, or other material
				information, and shall define the qualification standards for determining
				whether a private entity is eligible to participate in the request for
				proposals process.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 8 - STATE GOVERNMENT ENTITY PROCEDURES AND REQUIREMENTS › Section 17:49-8.4 - Unsolicited proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State
				governmental entity may accept unsolicited proposals from private entities for
				public-private partnership agreements. A State government entity shall develop
				a process for accepting unsolicited proposals in expectation of receipt of an
				unsolicited proposal.
(b) An
				unsolicited proposal shall include, at a minimum, the following:
1. A description of the proposed
				public-private project, including the State government entity need to be
				fulfilled by the proposed project;
2. The estimated construction and life-cycle
				costs;
3. A timeline for
				development;
4. The proposed plan
				of financing, including projected revenues, public or private, debt, equity
				investment, and a description of how the project meets needs identified in
				existing plans;
5. An
				identification of the permits, approvals, and/or variances needed from local,
				State, and/or Federal agencies in order to develop the project;
6. A projected schedule for obtaining such
				permits and approvals; and
7. A
				statement of risks, liabilities, and responsibilities to be assumed by the
				private entity.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 8 - STATE GOVERNMENT ENTITY PROCEDURES AND REQUIREMENTS › Section 17:49-8.6 - Lease arrangements and availability payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any availability payment or lease
				arrangement with a private entity pursuant to a public-private partnership
				agreement may include a lease of a revenue-producing public building, road,
				structure, infrastructure, or facility in exchange for up front or structured
				financing by a private entity for the project, provided that the private entity
				is responsible for the management, operation, and maintenance of the building,
				road, structure, infrastructure or facility, so long as the State government
				entity retains full ownership of the land upon which the project is
				located.
(b) The private entity may
				receive some or all of the revenue generated by the building, road, structure,
				infrastructure, or facility and shall, in turn, operate the building,
				structure, infrastructure, or facility in accordance with State
				standards.
(c) A lease term shall
				not exceed 30 years, unless it includes a highway project component in which
				case the lease agreement shall be limited in duration to a term not more than
				50 years, and shall be subject to all applicable law governing leases by a
				State government entity.
(d) Upon
				completion of the lease term, subsequent revenue generated, and any capital
				improvement, shall revert to the State government entity.
(e) Leases may include lease back
				arrangements.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 8 - STATE GOVERNMENT ENTITY PROCEDURES AND REQUIREMENTS › Section 17:49-8.7 - Construction contract standards and account requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any construction contract shall meet NJ
				Uniform Construction Code (UCC) requirements for all construction and
				applicable environmental permitting requirements and include the following
				minimum building maintenance standards and building maintenance benchmarks,
				including long-range maintenance plan requirements:
1. The performance of a Baseline Facility
				Condition Assessment at the close of construction, including: identification of
				the facility, facility size and dimensions, date of construction, type of
				construction, intended functional use, number of floors, an evaluation of all
				systems, equipment, and other components of a facility, organized by individual
				component or item, and identification of the facility, facility size and
				dimensions, date of construction, type of construction, intended functional
				use, and number of floors;
2.
				Current replacement value estimating the scope of items that may need to be
				repaired, renovated, or replaced during any operating and maintenance lease
				term, including, but not limited to, physical systems, basic building
				components, and/or major appliances or equipment;
3. Financial assessment including an analysis
				of reserve accounts, an estimate of cost of capital repairs annually, rate of
				return on reserve accounts, and project interest;
4. Building system and component lifecycle
				data analysis organized by specific building component, planned/estimated
				useful life/lifecycle, unit cost, quantity relative to each component, and unit
				cost per item, linear foot, square foot, or other unit of measure;
5. Capital Reserve Draw Schedule for
				replacement expenditures, including timing of replacement of components, number
				of building components being replaced, and planned disbursements from the
				reserve account to cover such replacements;
6. Reserve fund account analysis and
				availability including a summary of current reserve account balance, projected
				account funding, rate of investment returns, planned capital expenditures and
				withdrawals, and projected ending annual reserve account balance; and
7. Posting of a performance bond to ensure
				the completion of the project and a payment bond guaranteeing prompt payment of
				moneys in accordance with, and conforming to, the requirements of N.J.S.A.
				2A:44-143et seq.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 9 - STATE OR COUNTY COLLEGE OR UNIVERSITY PROCEDURES AND REQUIREMENTS › Section 17:49-9.1 - Minimum county college, State college, or State university standards for operation of a project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contingent
				upon approval of its governing board, a county college, State college, or State
				university may enter into a public-private partnership agreement with a private
				entity to construct, reconstruct, repair, alter, improve, extend, operate, or
				manage an on-campus or off-campus building, structure, or facility, if:
1. The project is financed in whole or in
				part by the private entity and the State or county college or university
				retains full ownership of the land upon which the project is
				completed.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 9 - STATE OR COUNTY COLLEGE OR UNIVERSITY PROCEDURES AND REQUIREMENTS › Section 17:49-9.2 - Project analysis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				county college, State college, or State university, by resolution of the
				governing board, shall determine whether to apply for approval to enter into a
				public-private partnership and shall document in its application to the Office
				of Public Finance, its analyses based upon the following threshold criteria:
1. A narrative of the project, including the
				role and responsibilities of the parties, and an assessment of the project's
				viability, including the outcome and objectives to be realized by the
				project;
2. An assessment of the
				benefits or risks to be realized by the project;
3. The total risk-adjusted cost of the
				project, including costs associated with procurement, financing, design,
				construction, operation, and maintenance (including oversight costs) over the
				useful life of the asset that will be built or the length (in years) of the
				potential public-private partnership agreement, both for delivery as a
				public-private partnership and delivery under a conventional public sector
				approach, supported by evidence from comparable projects;
4. The maximum public and institutional
				contribution that the county college, State college, or State university will
				invest in or contribute to the project under the public-private
				partnership;
5. A comparison of the
				financial and non-financial benefits of the public-private partnership,
				including the technical, technological, or socioeconomic merit of a project,
				compared to other options including a public sector option or not proceeding
				with a project;
6. A list of risks,
				liabilities, and responsibilities to be transferred to the private entity and
				those to be retained by the county college, State college, or State university
				as well as an analysis of the financial capacity of the private entity and
				county college, State college, or State university, including an analysis of
				how the project's execution will impact the financial status of the county
				college, State college, or State university;
7. An analysis that delivery as a
				public-private partnership will optimize schedule, cost (on a risk-adjusted and
				useful life basis), and quality outcomes for the project, relative to a public
				sector option; and
8. Whether the
				project has a high, medium, or low level of project delivery risk and how the
				public is protected from these risks.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 9 - STATE OR COUNTY COLLEGE OR UNIVERSITY PROCEDURES AND REQUIREMENTS › Section 17:49-9.3 - Public notice and hearing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for qualification shall
				include:
1. A request for qualification,
				soliciting response from private entities for participation in a public-private
				partnership project shall be advertised by a county college, State college, or
				State university a minimum of 45 days prior to the required date of
				receipt.
2. The advertisement of
				the request for qualifications shall be published on the official Internet
				website of the county college, State college, or State university and at least
				one newspaper with Statewide circulation.
3. A request for qualification shall clearly
				set forth the requirements for a public-private partnership agreement pursuant
				to N.J.A.C. 17:49-9.5(a).
4. The
				request for qualification shall define the standards for responsiveness,
				including identification of any required submissions, documents, proof of
				licensure or qualification, or other material information, and shall define the
				qualification standards for determining whether a private entity is eligible to
				participate in the request for proposals process.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 9 - STATE OR COUNTY COLLEGE OR UNIVERSITY PROCEDURES AND REQUIREMENTS › Section 17:49-9.4 - Unsolicited proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				county college, State college, or State university may accept unsolicited
				proposals from private entities for public-private partnership agreements. A
				county college, State college, or State university shall develop a process for
				accepting unsolicited proposals in expectation of receipt of an unsolicited
				proposal.
(b) An unsolicited
				proposal shall include, at a minimum, the following:
1. A description of the proposed
				public-private project, including the identified county college, State college,
				or State university need to be fulfilled by the proposed project;
2. The estimated construction and life-cycle
				costs;
3. A timeline for
				development;
4. Proposed plan of
				financing, including projected revenues, public or private, debt, and equity
				investment;
5. A description of how
				the project meets needs identified in existing plans;
6. An identification of the permits,
				approvals, and/or variances needed from local, State, and/or Federal agencies
				in order to develop the project;
7.
				A projected schedule for obtaining such permits and approvals; and
8. A statement of risks, liabilities, and
				responsibilities to be assumed by the private entity.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 9 - STATE OR COUNTY COLLEGE OR UNIVERSITY PROCEDURES AND REQUIREMENTS › Section 17:49-9.6 - Lease arrangements and availability payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any availability payment or lease
				arrangement with a private entity pursuant to a public-private partnership
				agreement may provide that a private entity shall assume some or all of the
				financial and administrative responsibility for the development, construction,
				reconstruction, repair, alteration, improvement, extension, operation, and
				maintenance of a project, provided that the project is financed in whole or
				part by the private entity and the State or the county college, State college,
				or State university retains full ownership of the land and the facility upon
				which the project is located.
(b) A
				project may include a lease of a revenue-producing public building, road,
				structure, infrastructure, or facility in exchange for an up-front or
				structured financing by a private entity for the project, provided that the
				private entity is responsible for the management, operation, and maintenance of
				the building, road, structure, infrastructure, or facility.
(c) The private entity may receive some or
				all of the revenue generated by the building, road, structure, infrastructure,
				or facility and shall, in turn, operate the building, structure,
				infrastructure, or facility in accordance with State or county college or
				university standards.
(d) A lease
				term shall not exceed 30 years and shall be subject to all applicable law
				governing leases by a State or county college or university.
(e) Upon completion of the lease term,
				subsequent revenue generated, and any capital improvement, shall revert to the
				county college, State college, or State university.
(f) A lease agreement shall not affect the
				status or employment rights of county college, State college, or State
				university employees who are assigned to, or provide services to, the leased
				facility.
(g) Leases may include
				lease back arrangements.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 9 - STATE OR COUNTY COLLEGE OR UNIVERSITY PROCEDURES AND REQUIREMENTS › Section 17:49-9.7 - Construction contract standards and account requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any construction contract shall meet the
				New Jersey Uniform Construction Code (UCC) requirements for all construction
				and applicable environmental permitting requirements and include the following
				minimum building maintenance standards and building maintenance benchmarks,
				including long-range maintenance play requirements:
1. The performance of a Baseline Facility
				Condition Assessment at the close of construction, including: identification of
				the facility, facility size and dimensions, date of construction, type of
				construction, intended functional use, an evaluation of all systems, equipment,
				and other components of a facility, organized by individual component or item,
				and identification of the facility, facility size and dimensions, date of
				construction, type of construction, intended functional use, and number of
				floors;
2. Current replacement
				value estimating the scope of items that may need to be repaired, renovated, or
				replaced during any operating and maintenance lease term, including, but not
				limited to, physical systems, basic building components, and/or major
				appliances or equipment;
3.
				Financial assessment including an analysis of reserve accounts, an estimate of
				cost of capital repairs annually, rate of return on reserve accounts, and
				project interest;
i. Building system and
				component lifecycle data analysis organized by specific building component,
				planned/estimated useful life/lifecycle, unit cost, quantity relative to each
				component, and unit cost per item, linear foot, square foot, or other unit of
				measure;
ii. Capital Reserve Draw
				Schedule for replacement expenditures, including timing of replacement of
				components, number of building components being replaced, and planned
				disbursements from the reserve account to cover such replacements;
4. Reserve fund account analysis
				and availability including a summary of current reserve account balance,
				projected account funding, rate of investment returns, planned capital
				expenditures and withdrawals, and projected ending annual reserve account
				balance; and
5. Posting of a
				performance bond to ensure the completion of the project and a payment bond
				guaranteeing prompt payment of moneys in accordance with, and conforming to,
				the requirements of N.J.S.A. 2A:44-143et seq.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 10 - REVOCATION OR TERMINATION OF APPROVAL › Section 17:49-10.1 - Revocation or termination of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Treasurer may:
1. Revoke approval for a project, if it comes
				to the attention of the State Treasurer, after investigation, that a project
				has significantly deviated from the project approved; or
2. Terminate an approval for non-payment of
				the one percent set-aside required under N.J.A.C. 17:49-11.1.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 11 - PUBLIC-PRIVATE PARTNERSHIP FUND › Section 17:49-11.1 - Public-Private Partnership Fund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				local government unit, school district, State governmental entity or county
				college, State college or State university shall set aside one percent of a
				project and remit that amount upon execution of the project documentation to
				the Office of Public Finance for deposit within the Public-Private Partnership
				Fund.
(b) Upon written request, a
				local government unit, State governmental entity, school district, or county
				college, State college, or State university may request a reduction in the
				set-aside amount equal to the amount of application fees paid but not necessary
				for review of a project. Such request shall be received by the Office of Public
				Finance within 14 days of the receipt of the approval letter by the local
				government unit, State governmental entity, or county college, State college,
				or State university, or in the case of project involving a school district, the
				private entity with which the school district has contracted.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 12 - APPEAL › Section 17:49-12.1 - Appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local
				government unit, school district, State government entity or county college,
				State college, or State university may appeal the Treasurer's approval or
				denial by submitting, in writing, to the Office of Public Finance, within 60
				calendar days from the date of the action, an explanation as to how the
				applicant has met the criteria required. Such appeals are not contested cases
				subject to the requirements of the Administrative Procedure Act, N.J.S.A.
				52:14B-1et seq., and the Uniform Administrative Procedure Rules, N.J.A.C.
				1:1.
(b) Appeals that are timely
				submitted shall be handled as follows:
1. The
				Treasurer shall designate an employee to serve as a hearing officer for the
				appeal and to make a recommendation on the merits of the appeal. The hearing
				officer shall perform a review of the written record and may require an
				in-person hearing. The hearing officer has sole discretion to determine if an
				in-person hearing is necessary to reach an informed decision on the appeal. The
				hearing officer may consider new evidence or information that would demonstrate
				that the applicant meets all of the application criteria.
2. Following completion of the record review
				and/or in-person hearing, as applicable, the hearing officer shall issue a
				written report to the Office of Public Finance containing his or her finding(s)
				and recommendation(s) on the merits of the appeal. The hearing officer's report
				shall be advisory in nature. The Office of Public Finance may also include a
				recommendation to the written report of the hearing officer. The applicant
				shall receive a copy of the written report of the hearing officer, which shall
				include the recommendation of the Office of Public Finance, if any, and shall
				have the opportunity to file written comments and exceptions to the hearing
				officer's report within five business days from receipt of such
				report.
3. The State Treasurer
				shall consider the hearing officer's report, the recommendation of the Office
				of Public Finance, if any, and any written comments and exceptions timely
				submitted by the applicant. Based on that review, a final decision on the
				appeal shall be issued.
4. Final
				decisions rendered by the State Treasurer shall be appealable to the Superior
				Court, Appellate Division, in accordance with the Rules Governing the Courts of
				the State of New Jersey.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Adopted by the
				State Treasurer, and administered by the New Jersey Department of the Treasury,
				Division of Revenue and Enterprise Services, this chapter implements the
				provisions at
				P.L.
				2021, c. 179.
(b) The rules streamline the commissioning
				process; clarify and expand upon the requirements to perform notarial acts;
				provide for the use of new technologies for notarization; and enhance the
				transparency and accountability of the office of notary public
				(office).
(c) In implementing the
				improvements in this chapter, the Department of the Treasury intends to: foster
				improved notarial service levels Statewide; place New Jersey on a strong
				footing in the notarial practice space nationally; and bolster the reliability
				and integrity of notarial practices in general. The ultimate beneficiaries of
				these advancements will be New Jersey citizens and the State's business and
				legal communities that rely on notarial services.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.3 - Qualifications for office, scope of authority, and prohibited acts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person
				commissioned as a notary public in this State shall, at the time of
				appointment:
1. Be at least 18 years of
				age;
2. Be a legal resident of this
				State or have a place of employment or practice in this State; and
3. Not be disqualified to receive a
				commission pursuant to N.J.A.C. 17:50-1.5.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.4 - Application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				applicant for commission as a notary public shall make application to the State
				Treasurer on a form prescribed by the State Treasurer. The application shall be
				endorsed by a member of the Legislature. Renewals shall be made in the same
				manner as the original application. All applications shall be submitted
				electronically through a means provided by the State Treasurer at
www.nj.gov/njbgs .
(b) The fee for each application for a
				commission is $ 25.00 and is non-refundable.
(c) Within three months of the receipt of a
				commission, each notary public shall take and subscribe an oath to faithfully
				and honestly discharge the duties of the office and to make and keep a true
				record of all such matters as are required by law. The oath shall be sworn
				before the clerk of the county in which the notary public resides and shall be
				filed with said clerk.
(d) The oath
				of office of a non-resident notary public shall be taken and subscribed before
				the clerk of the county in which the nonresident notary public maintains the
				notary public's office or the county in which the nonresident notary public is
				an employee of a business with its domicile or primary place of business in
				this State. The oath shall be sworn before the clerk of the county in which the
				notary public resides and shall be filed with said clerk.
(e) Upon the administration of the oath, the
				clerk shall cause the notary public to endorse the certificate of commission
				and qualification and shall transmit the certificate to the State Treasurer
				within 10 days of the administration of the oath, through an electronic method
				provided by the State Treasurer.
(f) After the administration of the oath, the
				clerk shall provide a notice to the person that a notary public who is not
				licensed as an attorney-at-law shall not use or advertise the title of lawyer
				or attorney-at-law, or equivalent terms, in any language, which mean or imply
				that the notary public is, licensed as an attorney-at-law in the State of New
				Jersey or in any other jurisdiction of the United States. The notice shall also
				state that a notary public who advertises the notary public's services in any
				language, is required to provide with such advertisement a notice in the
				language of the advertisement, which contains the following statement or
				translation of the following statement if the advertisement is not in English:
				"I am not an attorney licensed to practice law and may not give legal advice
				about immigration or any other legal matter or accept fees for legal
				advice."
(g) The State Treasurer
				shall cancel and revoke the appointment of any notary public who fails to take
				and subscribe the oath within three months of the receipt of the commission and
				any appointment so canceled and revoked shall be null, void, and of no
				effect.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.5 - Commissioning of nonresidents; additional requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who is not a legal resident of
				the State of New Jersey, but who maintains, or is regularly employed in, an
				office in this State or is an employee of a business with its domicile or
				primary place of business in this State and performs his or her employment
				duties remotely from a home office or a co-working space may apply for a
				commission by complying with the requirements at N.J.A.C. 17:50-1.4 and
				certifying the following additional information through the online
				commissioning site at
www.nj.gov/njbgs
				:
1. The residence and the address of
				the applicant, and the office or place of employment of the applicant in this
				State; and
2. Once commissioned,
				any such nonresident notary public shall file online with the State Treasurer
				at
www.nj.gov/njbgs
a certificate showing
				any change of residence or change of the office or place of employment of the
				notary public in this State.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.6 - Name change; filing evidence of continuance of powers and privileges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a notary
				public adopts a name different from that which the notary public used at the
				time the notary public was commissioned, before the notary public provides a
				signature to any record that the notary public is authorized or required to
				sign as a notary public, the notary public shall make, sign, and file a
				statement in writing and under oath, on a form prescribed and furnished online
				at
www.nj.gov/njbgs
by the State
				Treasurer, setting forth the circumstances under which the notary public has
				adopted the new name.
(b) The
				statement shall state whether the new name has been adopted through marriage or
				civil union or by a change of name proceeding or otherwise, and such other
				information as the State Treasurer shall require. Such statement, or a
				certified copy, shall be evidence of the right of the notary public to continue
				to exercise the powers and privileges and perform the duties of a notary public
				in the changed or new name.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.8 - Certificates and stamps

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				notarial acts shall be evidenced by a certificate and stamped by the notary
				public.
(b) Certificates shall:
1. Be executed contemporaneously with the
				performance of the notarial act;
2.
				Be signed and dated by the notarial officer;
3. Identify the jurisdiction in which the
				notarial act is performed;
4.
				Contain the title of office of the notary public; and
5. If the notarial officer is a notary
				public, indicate the date of expiration of the officer's commission.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.9 - Requirement for individuals unable to sign

Current through Register Vol. 56, No. 14, July 15, 2024
If an individual is physically unable to sign a record, the
				  individual may direct an individual other than the notarial officer to sign the
				  record with the individual's name. The notarial officer shall insert "Signature
				  affixed by (name of other individual) at the direction of (name of individual)"
				  or words of similar import.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.10 - Certificate forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				following short form certificates of notarial acts are sufficient for the
				purposes indicated if the requirements at N.J.A.C. 17:50-1.6are satisfied.
1. For an acknowledgment in an individual
				capacity:
State of ________________________________________
County of ______________________________________
This record was acknowledged before me on __________ (date)
				  by
(Name(s) of individual(s))
___________________________
Signature of notarial officer
Stamp
___________________________
Title of office
My commission expires (date)
2. For an acknowledgment in a representative
				capacity:
State of _________________________________________
County of _______________________________________
This record was acknowledged before me on __________ (date)
				  by
___________________________
(Name(s) of individual(s))
On _______(date)
As _____________ (type of authority, such as officer or
				  trustee) of (name of party on behalf of
___________________________
whom record was executed).
Signature of notarial officer
Stamp
___________________________
Title of office
My commission expires (date)
3. For a verification on oath or affirmation:
State of _________________________________________
County of _______________________________________
Signed and sworn to (or affirmed) before me on _______ (date)
				  by
___________________________
(Name(s) of individual(s) making statement)
___________________________
Signature of notarial officer
Stamp
Title of office
My commission expires (date)
4. For witnessing or attesting a signature:
State of _________________________________________
County of _______________________________________
Signed (or attested) before me on (date) _____________
___________________________
(Name(s) of individual(s))
___________________________
Signature of notarial officer
Stamp
Title of office
My commission expires (date)
5. For certifying a copy of a record:
State of _________________________________________
County of ______________________________________
I certify that this is a true and correct copy of a record in
				  the possession of ______________(name).
Dated _____________________ (date)
___________________________
Signature of notarial officer
Stamp
___________________________
Title of office
My commission expires (date)
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.11 - Journal requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				notary public shall maintain a journal of all notarial acts performed.
1. The journal may be created and maintained
				on a tangible medium or in an electronic format.
2. A notary public shall maintain only one
				journal at a time to chronicle all notarial acts, whether those notarial acts
				are performed regarding tangible or electronic records.
3. If the journal is maintained on a tangible
				medium, it shall be a permanent, bound register with consecutively numbered
				lines and consecutively numbered pages.
4. If the journal is maintained in an
				electronic format, it shall be in a permanent, tamper-evident electronic
				format.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.12 - Copy certification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
A notarial officer who certifies or attests to a copy of a
				  record, or an item that was copied, shall determine that the copy is a full,
				  true, and accurate transcription or reproduction of the record or
				  item.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.13 - Forms of identification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				notarial officer who takes an acknowledgment or verification of a record, or
				who witnesses or attests to a signature, shall determine, from personal
				knowledge or satisfactory evidence of the identity of the individual, that the
				individual appearing before the officer and making the acknowledgment has the
				identity claimed and that the signature on the record is the signature of the
				individual.
(b) Satisfactory forms
				of identification are as follows:
1. Personal
				knowledge. A notarial officer has personal knowledge of the identity of an
				individual appearing before the notarial officer if the individual is
				personally known to the notarial officer through dealings sufficient to provide
				reasonable certainty that the individual has the identity claimed.
2. Documentation. A notarial officer has
				satisfactory evidence of the identity of an individual appearing before the
				notarial officer if the notarial officer can identify the individual by means
				of:
i. A passport, driver's license, or
				government-issued non-driver identification card, which is current or expired
				not more than three years before the performance of the notarial act;
ii. Another form of government-issued
				identification, which is current or expired not more than three years before
				the performance of the notarial act, and which:
(1) Contains the individual's signature or a
				photograph of the individual's face; and
(2) Is satisfactory to the notarial officer;
				or
iii. A verification
				of oath or affirmation of a credible witness personally appearing before the
				notarial officer or using communication technology to appear before the
				notarial officer and personally known to the notarial officer or whom the
				notarial officer can identify based on a passport, driver's license, or
				government-issued non-driver identification card, which is current or expired
				not more than three years before the performance of the notarial act.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.14 - Requirements for use of communications technology

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a notarial act relates to a statement
				made in, or a signature executed on, a record, the individual making the
				statement or executing the signature shall appear personally before the
				notarial officer or shall use communication technology to appear before the
				notarial officer.
(b) This section
				does not apply to a record to the extent it is governed by a law governing the
				creation and execution of wills or codicils, except as to a tangible record
				that is governed by a law governing the creation or execution of wills and
				codicils in which case, this section shall apply.
(c) As used in this section:
1. "Biometric identification" means using a
				human's physical or behavioral human features to digitally identify a person.
				Examples of biometric identification includes systems that use fingerprints and
				facial and voice patterns.
2.
				"Communication technology" means an electronic device or process that:
i. Allows a notarial officer and a remotely
				located individual to communicate with each other simultaneously by sight and
				sound; and
ii. When necessary and
				consistent with other applicable law, facilitates communication with a remotely
				located individual who has a vision, hearing, or speech impairment.
3. "Digital public key
				certificate" means an electronic credential issued by a trusted third-party
				that is used to identify a person who signed an electronic record.
4. "Dynamic knowledge-based authentication
				assessment" means identifying a person by asking the person a set of questions
				derived from public or private data sources for which the person has not been
				provided prior answers.
5. "Foreign
				state" means a jurisdiction other than the United States, a state, or a
				Federally recognized Indian tribe.
6. "Identity proofing" means a process or
				service by which a third person provides a notarial officer with a means to
				verify the identity of a remotely located individual by a review of personal
				information from public or private data sources.
7. "Outside the United States" means a
				location outside the geographic boundaries of the United States, Puerto Rico,
				the United States Virgin Islands, and any territory, insular possession, or
				other location subject to the jurisdiction of the United States.
8. "Remotely located individual" means an
				individual who is not in the physical presence of a notarial officer performing
				a notarial act.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.15 - Electronic notarization--general provisions and definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A notarial
				officer may select one or more tamper-evident technologies to perform notarial
				acts with respect to electronic records. A person may not require a notarial
				officer to perform a notarial act with respect to an electronic record with a
				technology that the notarial officer has not selected.
(b) As used in this section:
1. "Tamper-evident" means that any change to
				a record shall provide evidence of the change.
2. "Logically associated with" means
				connecting, cross-referencing, or otherwise linking a certificate with a
				notarized record accurately and reliably, in a tamper-evident manner.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.16 - Requirements for electronic notarization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With the exception of wills, codicils,
				and testamentary trusts, a notarial officer located in this State may perform a
				notarial act using a tamper-evident technology if the individual requesting the
				act appears in person before the notarial officer at the time of the act and
				the officer:
1. Obtains a satisfactory form
				of identification for the individual pursuant to N.J.A.C. 17:50-1.13;
				and
2. After executing the notarial
				act, completes an electronic certificate with an electronic signature and
				stamp, including all elements required at N.J.A.C. 17:50-1.13, and attaches the
				certificate and stamp to, or logically associates the certificate and stamp
				with, the notarized record.