reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 4 - INSPECTION AND OBTAINING OF AUTHORITY RECORDS › Section 19:9-4.2 - Procedures for obtaining Authority records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  General Counsel or his or her designee shall review all requests for inspection
				  or copying of public records and shall notify the requesting party of the time
				  and date, or alternative times and dates, that the records will be made
				  available for inspection and copying. If the request is denied, the requesting
				  party will be notified of the denial and the reasons for such denial. All
				  records requests shall be made by mail, facsimile, or in person at the above
				  applicable address during regular business hours or at such other times and/or
				  locations as the General Counsel deems convenient.
(b) All duplication shall be done by, or at
				  the request of, the Authority, and the charges shall be in accordance with
				  those set forth in
				  N.J.A.C.
				  19:9-4.3. If it is not practicable for the
				  Authority to copy any document, that document will be copied commercially, and
				  the party requesting the copy shall be charged a fee equal to the Authority's
				  cost for such commercial reproduction.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 4 - INSPECTION AND OBTAINING OF AUTHORITY RECORDS › Section 19:9-4.3 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of Authority records shall be made
				  available by the Authority to the requesting party upon full payment of the fee
				  prescribed by law or regulation. Unless otherwise prescribed, the Authority's
				  copying costs shall be the greater of its actual costs of duplication or, in
				  the case of printed matter, the sum of $0.05 per letter size page, $0.07 per
				  legal size page, and $1.00 per page for larger scale drawings, maps, and plan
				  sheets, respectively. Access to electronic records and non-printed materials
				  shall be free of charge; however, the Authority shall assess a fee equal to the
				  actual cost of any needed supplies or removable electronic media.
(b) Payment may be waived when the request is
				  made by the United States, the State of New Jersey, or any agency or political
				  subdivision thereof, individuals or firms doing work or performing services for
				  the Authority, organizations or associations of which the Authority is a
				  member, credentialed media organizations, and organizations exchanging
				  information with the Authority on a reciprocal basis.
(c) A fee of $5.00 per document will be
				  charged for certification by the Secretary of the Authority that an Authority
				  document is authentic or that a record of which the Authority is legal
				  custodian cannot be found.
(d) The
				  Authority may, in its discretion, prepare responses to requests for traffic and
				  accident statistics. Such requests shall be submitted to the Director of
				  Operations. There shall be a minimum fee of $ 50.00 for responses to such
				  request. For requests which involve more than one man-hour for research,
				  investigation and/or analysis by Authority employees, the charges shall be on a
				  man-hour basis.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 5 - LICENSES, PERMITS, AND WAIVERS › Section 19:9-5.1 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Waivers generally. Nothing in this
				  chapter shall be construed to prohibit the Authority from granting waivers from
				  any provisions hereof or the Authority's Standard Specifications.
(b) Procedure for waiver. Any party desiring
				  a waiver or release from the express provisions of this chapter, or the
				  Authority's Standard Specifications, as may be updated from time to time, shall
				  submit a written request to the Executive Director. Any waiver so requested may
				  be granted by the Board only upon a finding that such waiver would not
				  jeopardize the health, safety, or welfare of the Roadway, its patrons, or the
				  general public, would not contravene the provisions of
				  N.J.S.A.
				  27:23-1 et seq., and that granting the waiver
				  would be consistent with the Authority's statutory purposes.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 5 - LICENSES, PERMITS, AND WAIVERS › Section 19:9-5.2 - Licenses to cross

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license to cross is a formal agreement
				  with the Authority granting permission to enter upon or access the Roadway or
				  other Authority property. This normally pertains to public and private
				  utilities that must occupy the property under, on, or over the Roadway in order
				  to provide service to the public. In addition, licenses to cross are utilized
				  by owners of property adjacent to the Roadway that must utilize the Roadway for
				  drainage, egress, and access purposes.
(b) In order to apply for a license to cross,
				  a fully completed application form, along with eight copies of the engineering
				  plans and specifications as may be required by the Authority, including, but
				  not limited to, supporting documentation, such as drainage calculations and
				  luminaire photometrics, and the required application fee set forth in this
				  section, shall be submitted to:
Finance Department-Accounts Receivable Section
New Jersey Turnpike Authority
1 Turnpike Plaza
Woodbridge, New Jersey 07095
The license to cross application form may be found on the
					 Authority's website,
www.nj.gov/turnpike
.
(c) The Chief Engineer may approve or reject
				  an application for a license to cross, subject to the approval of the Executive
				  Director. License to cross applications shall be evaluated based on the
				  following:
1. Adherence to the Turnpike
				  Authority's Standard Specifications;
2. The impact on the traveling public and the
				  Roadway;
3. The duration of the
				  request;
4. The criteria contained
				  in 27:23-1 et seq., in particular,
				  the provisions of
				  27:23-9, which must be taken into
				  consideration concerning utilization of the Roadway for certain
				  purposes;
5. The general concern
				  exhibited by the applicant for the public health, safety, and
				  welfare;
6. The financial health
				  and stability of the applicant; and
7. The effect of the proposed crossing on the
				  financial, economic, or engineering aspects of the activities of the Authority,
				  the public, or neighboring property owners.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 5 - LICENSES, PERMITS, AND WAIVERS › Section 19:9-5.4 - Traffic permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  traffic permit must be issued by the Authority before any person or entity may
				  access or engage in activity within the Roadway not otherwise authorized by
				  this chapter. The traffic permit application form may be found on the
				  Authority's website,
www.nj.gov/turnpike
. A person or entity
				  wishing to obtain a traffic permit must submit a fully completed traffic permit
				  application and all required supporting documentation to the Authority at least
				  15 days prior to the date on which access is sought.
(b) Applications for traffic permits shall be
				  submitted to:
Director of Operations
Attention: Traffic Permits
New Jersey Turnpike Authority
PO Box 5042
1 Turnpike Plaza
Woodbridge, New Jersey 07095
(c) The traffic permit application must
				  include the following information: names and addresses of the applicant(s) and
				  any contractors to be used by the applicant; the date, time, and location for
				  which access is sought; the purpose for which access is sought; any associated
				  plans or maps that further identify the proposed work, and any other
				  information the Authority may deem necessary to evaluate the permit
				  application.
(d) The traffic permit
				  application must be accompanied by the following:
1. Certificates of insurance, indicating the
				  New Jersey Turnpike Authority, its officers, agents, and employees, as an
				  additional insured under the policies, in types and limits deemed by the
				  Authority to be acceptable. The General Counsel reserves the right to amend or
				  increase the types of insurance and limits required based on the activities
				  sought to be permitted;
2. An
				  indemnification and hold harmless agreement signed by the applicant in a form
				  provided by or acceptable to the General Counsel; and
3. Such other documents or information as may
				  be required by the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 5 - LICENSES, PERMITS, AND WAIVERS › Section 19:9-5.5 - Procedure to resolve protested applications for, and awards of, licenses to cross and traffic permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				  actual or prospective applicant for a license to cross or traffic permit with
				  respect to any Authority property or facility who is aggrieved in connection
				  with the application for and/or award of such a license or permit, may protest
				  to the Authority. The protest shall be submitted in writing to the General
				  Counsel within five days after such aggrieved party knows or should have known
				  of the facts giving rise to the grievance. Failure to file a timely protest
				  shall bar any further action. The written protest shall set forth in detail the
				  facts upon which the aggrieved applicant bases its protest and shall define, as
				  clearly as the available information permits, those issues or facts in
				  dispute.
(b) Upon the filing of a
				  timely protest, the Executive Director or his or her designee shall have the
				  authority, but not the obligation, to conduct a hearing, in order to settle and
				  resolve a protest of an aggrieved applicant, or prospective applicant,
				  concerning the application for, or award of, a license to cross or traffic
				  permit. Any such hearing may be conducted on written submissions, or through
				  in-person informal conference, as determined in the discretion of the Executive
				  Director or his or her designee, as deemed necessary based upon the nature of
				  the protest.
(c) If the protest is
				  not resolved by mutual agreement, the Executive Director or his or her designee
				  shall promptly issue a decision in writing. The decision shall state the
				  determination made and the reasons for the action taken. The decision shall be
				  mailed or furnished promptly to the aggrieved applicant and any other
				  interested party.
(d) A decision
				  rendered pursuant to (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, the Authority shall not proceed further with the application for, or
				  with the award of, a competing license to cross or traffic permit until the
				  decision is rendered pursuant to (c) above.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 5 - LICENSES, PERMITS, AND WAIVERS › Section 19:9-5.6 - Film permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons
				  wishing to take photographs, videos, or motion pictures (collectively, "film")
				  on those portions of the Roadway under the Authority's control shall apply for
				  a traffic permit in accordance with the procedures set forth in N.J.A.C.
				  19:9-5.4, subject to the approval of the Executive Director. The application
				  for a traffic permit to film on the Roadway is found on the Authority's
				  website,
www.nj.gov/turnpike
.
(b) The Executive Director may grant such
				  permit unless the Executive Director determines that the time, location, or
				  nature of such filming would interfere with or obstruct the movement or flow of
				  vehicles and people lawfully on the Roadway, or create an undue risk to the
				  safety, traffic security, or movement of the Roadway or the Authority's
				  employees or patrons that cannot be adequately controlled.
(c) The permittee shall comply with any
				  Authority restrictions on the time, place, and manner of the filming imposed as
				  a condition of the grant of a permit in order to ensure the safety, traffic
				  security, or movement of the Roadway or the Authority's employees or
				  patrons.
(d) In the event that a
				  bona fide representative of the news media requires immediate permission to
				  film an emergency situation on the Roadway, the Executive Director or his or
				  her designee may grant a permit to film to the news media representative,
				  provided that:
1. The applicant has
				  previously obtained a valid press pass from the Authority;
2. The Executive Director or his or her
				  designee has determined that such filming would not create an unreasonable risk
				  to the safety, traffic security, or movement of the Roadway or the Authority's
				  employees or patrons; and
3. The
				  applicant agrees to abide by certain time, place, and manner restrictions on
				  the filming that may be imposed by the Authority or the State Police to ensure
				  the safety, traffic security, or movement of the Roadway or the Authority's
				  employees or patrons.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 5 - LICENSES, PERMITS, AND WAIVERS › Section 19:9-5.8 - Sale of New Jersey agricultural or horticultural products at Roadway service areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Purpose. The
				  purpose of this section is to establish rules and specifications regarding the
				  sale of agricultural or horticultural products that are licensed by the
				  Department of Agriculture under the "Jersey Fresh" logo programs, including,
				  but not limited to, "Jersey Fresh," "Jersey Grown," "Jersey Seafood," or food
				  products that are licensed by the Department of Agriculture to be labeled as
				  "Made with Jersey Fresh" products, or other agricultural or horticultural
				  products grown and raised in the State (collectively "Agricultural Products")
				  at service areas on the Roadway.
(b) This section shall apply to those
				  portions of the service areas of the Roadway under the Authority's control.
				  Person or entities wishing to sell Agricultural Products in those portions of
				  the service areas that are not under the control of the Authority, such as the
				  buildings that are under lease, shall contact the appropriate party for
				  approval.
(c) Agricultural Products
				  may be sold at the following Roadway service areas:
1. Ocean View Service Area on the Parkway,
				  located in Cape May County, New Jersey; and
2. Walt Whitman Service Area on the Turnpike,
				  located in Camden County, New Jersey.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 5 - LICENSES, PERMITS, AND WAIVERS › Section 19:9-5.9 - Miscellaneous permits

Current through Register Vol. 56, No. 14, July 15, 2024
Access to the Roadway for activities not prohibited by the
					 rules shall be by permit. In the event that the protocol for obtaining any
					 permit is not set forth in this chapter, a request shall be forwarded to the
					 General Counsel. If it is determined to be proper and in the best interest of
					 the Authority, its patrons and the public to grant such a permit, the Executive
					 Director may grant the permit and impose an appropriate permit
					 fee.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 5 - LICENSES, PERMITS, AND WAIVERS › Section 19:9-5.10 - Sponsorship program

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Purpose. The purpose of this section is to establish a program for the
				  sponsorship of the Authority's operational activities or other highway-related
				  services or programs, in return for the Authority's public acknowledgment of
				  that sponsorship. In establishing this program, the Authority recognizes a
				  distinction between signing intended as advertising and signing intended as a
				  sponsorship acknowledgment. Any monetary contributions received through this
				  program shall be used solely for highway purposes.
(b) The scope of the program is as follows:
1. In return for a sponsor's donation of a
				  service, product, or monetary contribution to support the operational
				  activities or other highway-related services or programs of the Authority, each
				  sponsor may receive an acknowledgment sign placed, at the Authority's
				  discretion, in a service area along the Roadway and/or some other
				  acknowledgment on Authority equipment, materials, or vehicles that will
				  publicly recognize each sponsorship activity, consistent with the provisions of
				  this section. Authority operational activities or other highway-related
				  services or programs may include, but are not limited to, snow removal, litter
				  removal, vehicles, and equipment, landscaping, maintenance, and highway
				  beautification.
2. This program is
				  not applicable to:
i. Other Authority
				  programs that recognize or identify private entities through highway signing
				  under the Authority's Supplemental Sign Policy;
ii. Any agreement relating to naming rights
				  or any lease or license involving the Arts Center or any other real property
				  owned by the Authority;
iii. Any
				  specific message displayed or disseminated on a traffic control device, such as
				  a highway travel times; or
iv. Any
				  agreement relating to naming rights or any lease or license involving any
				  service area on the Roadway.
3. Notwithstanding (a)2 above, elements
				  contained within the service area, such as benches, flower beds, or tree beds
				  may be eligible for sponsorship in the discretion of the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 6 - AUTHORITY RULEMAKING: PETITIONS FOR RULES, OPPORTUNITY TO BE HEARD, AND SUFFICIENT PUBLIC INTEREST › Section 19:9-6.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to the proposal, adoption,
					 amendment, or repeal of any rule by the Authority pursuant to
					 N.J.S.A.
					 52:14B-1 et seq., or 27:23-1 et seq., and
					 N.J.A.C. 1:30 and to all petitions made by interested persons for the
					 promulgation, amendment, or repeal of any rule by the Authority, pursuant to
					 N.J.S.A.
					 52:14B-4(f)  and
					 27:23-29.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 6 - AUTHORITY RULEMAKING: PETITIONS FOR RULES, OPPORTUNITY TO BE HEARD, AND SUFFICIENT PUBLIC INTEREST › Section 19:9-6.2 - Petition for rulemaking: procedure for petitioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				  person who wishes to petition the Authority to promulgate, amend or repeal a
				  rule must submit to the Executive Director, in writing, the following
				  information:
1. The name of the
				  petitioner;
2. The substance or
				  nature of the rulemaking which is requested, together with the citation of
				  affected rule, if applicable;
3.
				  The reasons for the request and the petitioner's interest in the request;
				  and
4. References to the authority
				  of the Authority to take the requested action.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 6 - AUTHORITY RULEMAKING: PETITIONS FOR RULES, OPPORTUNITY TO BE HEARD, AND SUFFICIENT PUBLIC INTEREST › Section 19:9-6.3 - Petition for rulemaking: procedure of the Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				  receipt of a petition in compliance with this subchapter, the Authority shall,
				  within 15 days of receipt, file a notice of petition with the Office of
				  Administrative Law for publication in the New Jersey Register. The notice will
				  include:
1. The name of the
				  petitioner;
2. The substance or
				  nature of the rulemaking action which is requested;
3. The problem or purpose which is the
				  subject of the request; and
4. The
				  date the petition was received.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 6 - AUTHORITY RULEMAKING: PETITIONS FOR RULES, OPPORTUNITY TO BE HEARD, AND SUFFICIENT PUBLIC INTEREST › Section 19:9-6.4 - Authority's failure to act on a petition for rulemaking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				  Authority fails to act in accordance with the time frames set forth in
				  19:9-6.3, the petitioner may
				  request, in writing, a public hearing on the petition by submitting a request
				  to the Director of the Office of Administrative Law in accordance with
				  1:30-4.3.
(b) If a petitioner requests a public hearing
				  from the Director of the Office of Administrative Law due to the Authority's
				  failure to adhere to the time frames listed in
				  19:9-6.3, and if the Authority
				  receives notice from the Director of the Office of Administrative Law of his or
				  her intent to hold a public hearing on the petition, the Authority may, within
				  15 days of receipt of said notice, provide notice of a public
				  hearing.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 6 - AUTHORITY RULEMAKING: PETITIONS FOR RULES, OPPORTUNITY TO BE HEARD, AND SUFFICIENT PUBLIC INTEREST › Section 19:9-6.5 - Rulemaking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With respect to any duly authorized rule
				  proposal, which the Authority proposes for adoption pursuant to the provisions
				  of N.J.S.A. 27:23-1 et seq.:
1. The Authority shall provide at least 30
				  calendar days notice of its intended action in accordance with the
				  Administrative Procedures Act,
				  N.J.S.A.
				  52:14B-1 et seq. In addition to the notice
				  requirements set forth in
				  N.J.S.A.
				  52:14B-4, the Authority shall also publish
				  the notice of proposal on its website,
www.nj.gov/turnpike
, which publication shall
				  act as "other secondary notice."
2.
				  The Executive Director is empowered, in his or her discretion, to file such
				  rulemaking proposal with the Office of Administrative Law if the Executive
				  Director determines, at the end of the public comment period and after review,
				  consideration, and reply to such comments, that it is appropriate to adopt the
				  rule as proposed without any material changes.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 6 - AUTHORITY RULEMAKING: PETITIONS FOR RULES, OPPORTUNITY TO BE HEARD, AND SUFFICIENT PUBLIC INTEREST › Section 19:9-6.6 - Extension of the public comment period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority may extend the time for submission of public comments on a proposed
				  rulemaking at its discretion without the need for a specific request or the
				  demonstration of sufficient public interest.
(b) The Authority shall extend the time for
				  submission of public comments for an additional 30-day period if, within 30
				  calendar days of the publication of a notice of proposal, sufficient public
				  interest is demonstrated in an extension of time to submit comments.
(c) Sufficient public interest in an
				  extension of the comment period is demonstrated when 10 or more individuals or
				  entities have expressed the need for the extension of the comment
				  period.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 6 - AUTHORITY RULEMAKING: PETITIONS FOR RULES, OPPORTUNITY TO BE HEARD, AND SUFFICIENT PUBLIC INTEREST › Section 19:9-6.7 - Conducting a public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority
				  may conduct a public hearing on a proposed rulemaking at its discretion without
				  the need for a specific request or the demonstration of sufficient public
				  interest.
(b) The Authority shall
				  conduct a hearing at the request of a Legislative Committee, a State agency, or
				  a county, local, or municipal governmental entity, if the request is made to
				  the Authority within 30 calendar days following publication of the proposed
				  rulemaking or if sufficient public interest is demonstrated.
(c) Sufficient public interest in a public
				  hearing is demonstrated when 50 or more individuals or entities have expressed
				  either the need for a public hearing on the rule proposal or disagreement with
				  one or more substantive provisions of the rule proposal.
(d) The Authority shall not consider, in the
				  calculation of the number of comments received under (c) above, those comments
				  that relate to specific recommended changes in the rule that the Authority has
				  agreed to make or does not have the legal authority to make.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 7 - ORGANIZATION OF THE NEW JERSEY TURNPIKE AUTHORITY › Section 19:9-7.1 - Authority responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority is responsible for the design, construction,
					 maintenance and operation of the Roadway, for related projects designed at
					 27:23-1 et seq., and for such
					 other activities as may be authorized by law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 7 - ORGANIZATION OF THE NEW JERSEY TURNPIKE AUTHORITY › Section 19:9-7.3 - Obtaining information

Current through Register Vol. 56, No. 14, July 15, 2024
Interested persons can obtain information from the
					 Authority by addressing inquiries to:
Executive Director
New Jersey Turnpike Authority
1 Turnpike Plaza
PO Box 5042
Woodbridge, New Jersey 07095
Requests for public records and accident reports must be
					 submitted as described in N.J.A.C. 19:9-4.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 8 - DEBARMENT, SUSPENSION AND DISQUALIFICATION FROM CONTRACTING › Section 19:9-8.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms
					 shall have the following meanings unless a different meaning clearly appears
					 from the context:
"Debarment" means to be prohibited for a finite period of
					 time from bidding or otherwise submitting a proposal regarding any and all
					 Authority contracts on the basis of the list of offenses, inadequacies, or
					 omissions described in this subchapter.
"Disqualification" means to be prohibited from bidding or
					 otherwise submitting a proposal regarding a particular Authority
					 contract.
"Person" means any natural person, corporation,
					 partnership, company, firm, association or other entity. Person also includes
					 any partners of the partnership, and any principals of the corporation,
					 company, firm, association or other entity, as the case may be.
"Suspension" means to be prohibited for a finite period of
					 time from bidding or otherwise submitting a proposal regarding any and all
					 Authority contracts pending the completion of an investigation or legal
					 proceeding relating to certain offenses, inadequacies, or omissions described
					 in this subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 8 - DEBARMENT, SUSPENSION AND DISQUALIFICATION FROM CONTRACTING › Section 19:9-8.3 - Conditions affecting the debarment of a person(s) (a) The following conditions shall apply concerning debarment

Current through Register Vol. 56, No. 14, July 15, 2024
1. Debarment shall
				  be made only upon approval of the Board, except as otherwise provided by
				  law.
2. The existence of any of the
				  causes set forth in
				  N.J.A.C.
				  19:9-8.2 shall not necessarily require that a
				  person be debarred. In each instance, the decision to debar shall be made
				  within the discretion of the Board, unless otherwise required by law, and shall
				  be rendered in the best interests of the Authority.
3. All mitigating factors shall be considered
				  in determining the seriousness of the offense, failure or inadequacy of
				  performance and in deciding whether debarment is warranted.
4. The existence of a cause set forth in
				  19:9-8.2(a)1 
				  through 8 shall be established upon the rendering of a final judgment or
				  conviction, including, but not limited to, a guilty plea or a plea of nolo
				  contendere by a court of competent jurisdiction or by an administrative agency
				  empowered to render such judgment. In the event an appeal taken from such
				  judgment or conviction results in reversal thereof, the debarment shall be
				  removed upon the request of the debarred person unless other cause for
				  debarment exists.
5. The existence
				  of a cause set forth in
				  19:9-8.2(a)9 
				  through 12 and (b) shall be established by evidence which the Authority
				  determines to be clear and convincing in nature.
6. Debarment for the cause set forth in
				  19:9-8.2(a)13 
				  shall be proper, provided that one of the causes set forth in
				  19:9-8.2(a)1 
				  through 12 or (b), or an equivalent cause under the jurisdiction of the
				  original debarring agency or governmental entity, was the basis for debarment
				  by the original debarring agency or governmental entity. Such debarment may be
				  based entirely on the record of facts obtained by the original debarring
				  agency, or upon a combination of such facts and additional facts adduced by the
				  Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 8 - DEBARMENT, SUSPENSION AND DISQUALIFICATION FROM CONTRACTING › Section 19:9-8.4 - Procedures, period of debarment, and scope of debarment affecting the debarment of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				  Authority seeks to debar a person or his or her affiliates, the Authority shall
				  furnish such party with a written notice stating:
1. That debarment is being
				  considered;
2. The reasons for the
				  proposed debarment; and
3. That
				  such party will be afforded an opportunity for a hearing before the Authority
				  if he or she so requests within 14 days from the date of personal delivery or
				  17 days from the date of mailing of such notice by the Authority. All such
				  hearings shall be conducted in accordance with the provisions of the
				  Administrative Procedures Act,
				  52:14B-1 et seq., and the Uniform
				  Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 8 - DEBARMENT, SUSPENSION AND DISQUALIFICATION FROM CONTRACTING › Section 19:9-8.5 - Causes for suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
In the public interest, the Authority may suspend a person
					 for any cause specified in
					 19:9-8.2 or upon reasonable
					 suspicion that such cause exists.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 8 - DEBARMENT, SUSPENSION AND DISQUALIFICATION FROM CONTRACTING › Section 19:9-8.6 - Conditions for suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following conditions concerning suspension are to be adhered to:
1. Suspension shall be imposed only upon
				  approval of the Authority, except as otherwise provided by law.
2. The existence of any cause for suspension
				  shall not require that a suspension be imposed, and a decision to suspend shall
				  be made at the discretion of the Authority and shall be rendered in the best
				  interest of the Authority.
3.
				  Suspension shall not be based upon unsupported accusation, but upon adequate
				  evidence that cause exists or upon evidence adequate to create a reasonable
				  suspicion that cause exists. In assessing whether adequate evidence exists,
				  consideration shall be given to the amount of credible evidence which is
				  available, to the existence or absence of corroboration as to important
				  allegations, and to inferences which may properly be drawn from the existence
				  or absence of affirmative facts.
4.
				  Reasonable suspicion of the existence of cause described in
				  19:9-8.2(a)1 
				  through 8 may be established by the rendering of a final judgment or conviction
				  by a court or administrative agency of competent jurisdiction, by grand jury
				  indictment, or by evidence that such violations of civil or criminal law did in
				  fact occur.
5. A suspension invoked
				  by another agency or authority or commission of the State of New Jersey or of
				  the United States for any of the causes described in
				  N.J.A.C.
				  19:9-8.2 may be the basis for the imposition
				  of a concurrent suspension by the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 8 - DEBARMENT, SUSPENSION AND DISQUALIFICATION FROM CONTRACTING › Section 19:9-8.7 - Procedures, period of suspension and scope of suspension affecting the suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority may suspend a person or his or her affiliates, provided that within
				  10 days after the effective date of the suspension, the Authority provides such
				  party with a written notice stating:
1. That
				  a suspension has been imposed and its effective date;
2. The reasons for the suspension;
3. That the suspension is for a temporary
				  period pending the completion of an investigation and such legal proceedings as
				  may ensue; and
4. That if such
				  legal proceedings are not commenced or the suspension is not removed within 60
				  days of the date of such notice from the Authority, the party will be given a
				  statement of the reasons for the continuation of the suspension and an
				  opportunity for a hearing before the Authority conducted in accordance with the
				  Administrative Procedures Act,
				  52:14B-1 et seq., and the Uniform
				  Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 8 - DEBARMENT, SUSPENSION AND DISQUALIFICATION FROM CONTRACTING › Section 19:9-8.8 - Extent of debarment or suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  exclusion from contracting by virtue of debarment or suspension shall extend to
				  all contracting and subcontracting within the control or jurisdiction of the
				  Authority, including, but not limited to, any contracts which utilize Authority
				  funds. When it is determined by the Authority to be essential to the public
				  interest, an exception from total exclusion may be made with respect to a
				  particular contract.
(b) After the
				  opening of bids or receipt of proposals, the contracting officer shall review
				  the list of persons debarred or suspended. Bids received from debarred or
				  suspended persons in response to an invitation for bids shall be rejected
				  unless the Authority determines that there is a compelling reason to consider
				  the bid.
(c) Proposals, quotations,
				  or offers received from any debarred or suspended person shall not be evaluated
				  for award, nor shall discussions be conducted with a debarred or suspended
				  person, unless the Authority determines that there is a compelling reason to do
				  so. If the period of ineligibility expires or is terminated after bid opening
				  but prior to award, the contracting officer may, but is not required to,
				  consider such proposals, quotations or offers.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 8 - DEBARMENT, SUSPENSION AND DISQUALIFICATION FROM CONTRACTING › Section 19:9-8.9 - Disqualification of a person(s) as bidder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority reserves the right to disqualify or refuse to receive a proposal from
				  a prospective bidder even though the prospective bidder is prequalified, and
				  even though the prospective bidder has not been debarred or suspended, or
				  reject a proposal after having received same for any of the following reasons:
1. Lack of competency or lack of adequate
				  machinery, plant or other equipment;
2. Uncompleted work which, in the judgment of
				  the Authority, might hinder or prevent the prompt completion of additional
				  work, if awarded;
3. Failure to
				  pay, or satisfactorily settle, all bills due for labor, equipment or material
				  on previous contracts;
4. Failure
				  to comply with any prequalification requirements, bid specifications or
				  regulations of the Authority;
5.
				  Default under any previous contract;
6. Unsatisfactory performance on previous or
				  current contracts;
7. Questionable
				  moral integrity as determined by the Attorney General of New Jersey or the
				  Authority;
8. Failure to reimburse
				  the Authority for monies owed on any previously awarded contracts including,
				  but not limited to, those where the prospective bidder is a party to a joint
				  venture and the joint venture has failed to reimburse the Authority for monies
				  owed;
9. Submission of false
				  information to the Authority in connection with the proposal or any other
				  contract; or
10. Any cause
				  specified in
				  19:9-8.2 or upon reasonable
				  suspicion that such cause exists.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 8 - DEBARMENT, SUSPENSION AND DISQUALIFICATION FROM CONTRACTING › Section 19:9-8.10 - Lists of other agencies

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding the failure of the Authority to debar,
					 suspend, or disqualify any person pursuant to these rules, whenever the
					 Authority participates in any program or project financed, issued or guaranteed
					 by any department, agency or instrumentality of the State of New Jersey or the
					 United States Government, it may rely on any list of persons suspended or
					 debarred by such agency, department or instrumentality and prevent the listed
					 person from participating in that program or project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 8 - DEBARMENT, SUSPENSION AND DISQUALIFICATION FROM CONTRACTING › Section 19:9-8.11 - Discretion

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained herein shall be construed to limit the
					 authority of the Authority to refrain from contracting within the discretion
					 allowed by law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 9 - ELECTRONIC TOLL COLLECTION MONITORING SYSTEM › Section 19:9-9.3 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A violation of this subchapter shall be
				  punishable by a civil penalty not exceeding $500.00 to be established by the
				  Authority.
(b) Nothing in this
				  subchapter shall be construed as limiting the power of the Authority to proceed
				  against an operator for a violation of
				  19:9-1.1 9 or as prohibiting or
				  limiting the enforcement of the motor vehicle and traffic laws as set forth in
				  Title 39 of the Revised Statutes, except that an operator charged with a
				  violation of
				  27:23-34 shall not also be liable
				  for the civil penalty provided in (a) above for the same incident.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 2 - SERVICE AND FILING OF PAPERS › Section 19:10-2.1 - Time for filing papers; Commission address

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In computing
				  any period of time prescribed by or allowed by these rules or by order of the
				  commission or officer conducting the proceeding, the day of the act, event, or
				  default after which the designated period of time begins to run shall not be
				  included. The last day of the period so computed is to be included, unless it
				  is a Saturday, Sunday or legal holiday, in which event the period shall run
				  until the end of the next day which is neither a Saturday, Sunday or a legal
				  holiday. When the period of time prescribed or allowed is less than seven days,
				  intermediate Saturdays, Sundays and legal holidays shall be excluded from the
				  computations.
(b) Regarding
				  additional time after service of a Commission document by mail, whenever a
				  party has the right or is required to do some act or take some action within a
				  prescribed period after service of a Commission notice or other paper, and the
				  notice or paper is served by mail, three days shall be added to the prescribed
				  period, provided, however, that three days shall not be added if any extension
				  of such time may have been granted, or if service has been made by facsimile or
				  other electronic means.
(c)
				  Regarding extensions of time, the commission or officer having authority to
				  dispose of the matter, may, for good cause shown, extend any time prescribed in
				  these rules.
(d) When these rules
				  require the filing of any document, it must be received by the Commission or
				  the officer or agent designated to receive such document before 5:00 P.M. on
				  the last day of the time limit, if any, for such filing or extension of time
				  that may have been granted.
(e) Any
				  filings or other correspondence sent to the Commission by mail should be
				  addressed to:
Public Employment Relations Commission
PO Box 429
Trenton, New Jersey 08625-0429
(f) Any filings or other correspondence sent
				  to the Commission by courier or in person should be delivered to:
Public Employment Relations Commission
495 West State Street
Trenton, New Jersey 08618
(g) Any filings or other correspondence sent
				  to the Commission by facsimile shall be transmitted to: (609)
				  777-0089.
(h) Any filings or other
				  correspondence permitted to be sent to the Commission electronically may be
				  sent to:
mail@perc.state.nj.us
.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 2 - SERVICE AND FILING OF PAPERS › Section 19:10-2.2 - Form of documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Documents
				  other than correspondence shall clearly show the title of the proceeding and
				  the docket number, if any.
(b) The
				  original of each document filed shall be signed by an attorney or
				  representative of record for the party, or by the party, or by an officer of
				  the party and shall contain the mailing address, e-mail address, and telephone
				  and facsimile numbers of the person signing it.
(c) Except as otherwise provided in these
				  rules, any documents or papers shall be filed with four copies in addition to
				  the original. All documents filed with the Commission shall be printed, typed
				  or otherwise legibly duplicated on letter size paper (8 1/2 inch by 11 inch);
				  copies will be accepted only if they are clearly legible.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 2 - SERVICE AND FILING OF PAPERS › Section 19:10-2.3 - Filing by original, facsimile transmission and e-mail

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Originals of
				  the following must be timely filed in person or via mail or courier service:
1. Authorization cards and showings of
				  interest in certification and decertification cases;
2. Petitions to Initiate Compulsory Interest
				  Arbitration, Appeals of Interest Arbitration Awards, and Requests for Special
				  Permission to Appeal Interest Arbitration Rulings, accompanied by the filing
				  fee; and
3. Briefs and appendices
				  in Appeals of Interest Arbitration Awards.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 2 - SERVICE AND FILING OF PAPERS › Section 19:10-2.4 - Service of pleading and proof of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Service of
				  papers by a party on other parties may be made personally, or by registered
				  mail, certified mail, regular mail, or by private delivery service, or by
				  facsimile transmission.
(b) Service
				  upon an attorney or representative of record for the party shall constitute
				  service upon the party.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 2 - SERVICE AND FILING OF PAPERS › Section 19:10-2.5 - Electronic filing program

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission Chair shall have authority to initiate via
					 an announcement on the Commission's website
www.state.nj.us/perc
an electronic filing
					 program affecting the filing of certain documents.