reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.15 - Contract approval and execution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the execution of a design-build
				contract, the bidder that was provided a notice of final award by the
				contracting unit shall exist in the legal status in which it will perform its
				responsibilities pursuant to the design-build contract.
(b) The contracting unit shall send the
				successful design-builder a notice of award letter pursuant to
				N.J.A.C.
				9A:6-1.9(n). The notice of
				the award letter shall include a list of the additional documents required to
				be submitted by the design-builder with the executed contract. The notice of
				award will specify the time within which the executed contract and required
				documents must be returned.
(c) If
				the design-builder fails to return the executed contract and other required
				documents within the time specified by the contracting unit, the design-bidder
				may take whatever action is appropriate and authorized by law including, but
				not limited to, withdrawing or canceling the notice of award to the delinquent
				bidder and awarding the contract to the next-highest ranked bidder; cancelling
				the procurement; or proceeding to recover pursuant to the bid bond submitted
				with the price proposal, in accordance with
				N.J.A.C.
				9A:6-1.9(b).
(d) All contracts executed pursuant to this
				chapter shall provide for, among other things, termination for the convenience
				of the contracting unit and for cause.
(e) No agreement is valid or binding on the
				contracting unit unless and until it is executed by an appropriately authorized
				representative of the contracting unit. Any work performed prior to the
				execution of the contract by the successful bidder is voluntary and represents
				a gift to the contracting unit. In the event the notice of award is cancelled
				or withdrawn, the successful bidder is not entitled to any remuneration for any
				work performed prior to the execution of the contract.
(f) Subject to the contracting unit's
				cancellation rights set forth at
				N.J.A.C.
				9A:6-1.10(e), upon the
				successful bidder's submission of all required documentation or materials as
				specified in the notice of award, and the contracting unit's acceptance of such
				documentation, the contracting unit will execute the design-build contract and
				provide the successful bidder with the fully executed design-build
				contract.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.16 - Deletion or substitution of key team members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No substitutions or deletions of key team
				members may be made during the selection process or after award of the
				contract, without prior written approval from the contracting unit. The
				contracting unit shall have a reasonable basis for any denial.
(b) Unauthorized changes to a bidder's key
				team members who were specifically identified in the statement of proposal at
				any time during the selection process may result in the elimination of the
				bidder from further consideration.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.17 - Design and construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				design-builder shall employ or contract with an architect of record and shall
				be responsible for the technical integrity of final project design,
				constructability, extensions of the design, and operability and
				maintainability, pursuant to the RFP and/or in the design-build
				contract.
(b) The role of the
				design-builder may include, but need not be limited to, the management and
				control of quality, cost, and the integrated schedule for design, permit
				applications, material and equipment acquisition, construction, training for
				operation and maintenance, inspection, and close-out of the project.
(c) The contracting unit's review and
				acceptance of interim design submissions and/or construction documents is for
				the purpose of mutually establishing a conformed set of contract documents
				compatible with the requirements of the work. Neither the contracting unit's
				acceptance of interim design submissions nor construction documents shall be
				deemed to transfer design liability from the design-builder to the contracting
				unit.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.18 - Post-award evaluation of design-builder by contracting unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				design-builder awarded a design-build contract procured pursuant to this
				chapter will be subject to evaluation, in accordance with this section. The
				performance evaluation will consider the design-builder's performance as a
				contractor in the following categories: quality of work, scheduling,
				management, cost control and change orders, safety and industrial hygiene,
				small business goals, and close-out.
(b) The design-builder's performance will be
				evaluated periodically during the progress of the project. The evaluation will
				be performed by a reviewer with direct involvement in the management or
				supervision of the project.
(c) The
				design-builder's performance evaluations will be used by the contracting unit
				in evaluating and scoring bidders as to their prior experience on contracting
				unit projects, in accordance with the provisions of this chapter.
(d) Design-builders shall be evaluated on
				their construction performance with respect to the various evaluation
				categories using the following evaluation ratings:
1. Outstanding (O) or 100 percent--far
				exceeds the contract requirements by consistently exhibiting excellent
				performance. Always meets, and almost always exceeds the contract
				requirements;
2. Very Good (VG) or
				90 percent--often exceeds the contract requirements and frequently provides a
				high level of performance. Typically meets and often exceeds the contract
				requirements;
3. Satisfactory (S)
				or 80 percent--provides an acceptable level of performance consistently meeting
				the contract requirements;
4.
				Marginal (M) or 70 percent--performs slightly below the requirements of the
				contract, meeting the contract requirements on an intermittent basis;
				and
5. Unsatisfactory (U) or 60
				percent--fails to meet important contract requirements, resulting in a negative
				impact on the entire project.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 1 - GENERAL RULES › Section 9A:7-1.1 - Appointments

Current through Register Vol. 56, No. 14, July 15, 2024
All personnel appointments in a county community college shall be made upon the written recommendation of the president to the board of trustees with the exceptions of the presidency itself, the board attorney, and an external auditor or auditing firm. All personnel appointments must be approved by the board of trustees.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 2 - COMMUNITY COLLEGE REDUCTION IN FORCE POLICIES › Section 9A:7-2.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
These policies govern the procedures to be used by the county colleges when it becomes necessary to reduce the number of tenured faculty or multi-year contract employees of a college due to a fiscal crisis, a natural diminution in the number of students in a program or at the institution or a reduction of programs. The policies address the rights of employees at the county colleges of New Jersey under such circumstances. These regulations shall not apply to those persons laid off pursuant to non-renewal of contracts or early termination provisions.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 2 - COMMUNITY COLLEGE REDUCTION IN FORCE POLICIES › Section 9A:7-2.2 - Declaration of need for a reduction in force

Current through Register Vol. 56, No. 14, July 15, 2024
The board of trustees of any county college may declare the need for a reduction in force for the county college by a majority vote of the voting members of the board.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 2 - COMMUNITY COLLEGE REDUCTION IN FORCE POLICIES › Section 9A:7-2.3 - Plans and recommendations

Current through Register Vol. 56, No. 14, July 15, 2024
Once the need for a reduction in force is declared, the board of trustees shall direct the president to present a plan and recommendation to implement the reduction in force.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 2 - COMMUNITY COLLEGE REDUCTION IN FORCE POLICIES › Section 9A:7-2.4 - Consultation with college community

Current through Register Vol. 56, No. 14, July 15, 2024
The president shall consult with the college community in developing the plan and recommendations to be presented to the board of trustees. Representatives of the college community shall, upon request, be provided with class enrollment and financial data in a timely manner pursuant to the Open Public Records Act, 47:1A-1 et seq. Nothing in this section shall require a college to prepare such information in a format not routinely used by the college. Representatives of the college community may present alternative plans to modify or avoid the reduction in force to the college president, provided that such plans are submitted within the time permitted the president to submit a plan to the trustees. The president shall forward any suggested alternative plans to the board of trustees along with his or her own recommendations.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 2 - COMMUNITY COLLEGE REDUCTION IN FORCE POLICIES › Section 9A:7-2.5 - Affirmative action

Current through Register Vol. 56, No. 14, July 15, 2024
The president's plan and recommendations shall be developed in accordance with the State's commitment to affirmative action. The affirmative action officer of the college shall prepare an analysis of the affirmative action impact of any recommended personnel layoffs to assist the president in developing the recommendations.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 2 - COMMUNITY COLLEGE REDUCTION IN FORCE POLICIES › Section 9A:7-2.6 - Review of recommendations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board of trustees shall review the president's recommendations, which shall include the affirmative action officer's assessment of their impact, and may accept, reject, or modify such recommendations.
(b) If such recommendations as noted in (a) above include the layoff of employees, the board shall be guided by the following principles:
1. The determination by the board of trustees as to which areas are to be reduced shall be based on academic or administrative considerations.
2. If the board modifies the president's recommendations, it shall request an affirmative action analysis of its proposed action.
3. Consideration shall be given to foster those programs and functions which are of major instructional significance at the college.
4. Layoff units need not be coincident with established departments or other subdivisions or units, but may include identifiable programs or further subdivisions or specialties within academic programs or administrative functions as the board may determine appropriate.
5. To the extent it is not inconsistent with 18A:60-3 and the preservation of the institution's academic integrity and educational purpose, layoffs of tenured faculty within a faculty layoff unit shall be made in order of years of service within the layoff unit excluding unpaid leaves of absence, laying off tenured faculty with the fewest years of service first.
6. Where a reduction in force is caused by a natural diminution in enrollment and a partial academic teaching load is available for which a laid-off faculty member is qualified, then such a faculty member shall be given the first opportunity to teach such a partial load, at a salary proportionate to his or her full-time compensation.
7. The use of adjuncts or full-time faculty on overload to assume the equivalent of the full-time academic load in the discipline of faculty who are to be laid off shall not be permitted. Nothing herein shall prevent a college from using adjunct or overload faculty if no laid-off faculty are qualified to teach the scheduled courses, in the academic judgement of the president.
8. The qualifications of laid-off faculty members shall be reviewed by the president of the college. If in the academic judgment of the president the faculty member is qualified to teach in another discipline, and a vacancy exists, or courses are being taught by an adjunct faculty member or by another full-time faculty member on an overload assignment, then the laid-off faculty member shall be employed to fill the vacancy or to assume the courses taught by the adjunct or by the full-time faculty member on an overload basis.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 2 - COMMUNITY COLLEGE REDUCTION IN FORCE POLICIES › Section 9A:7-2.7 - Reemployment lists; generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With respect to reemployment rights of tenured faculty and multi-year contract employees, the college president shall establish separate reemployment lists for academic and administrative positions, including the names and qualifications of all tenured faculty and multi-year contract employees on layoff status.
(b) The college shall not fill a vacancy in any faculty position in any layoff unit in which a layoff has occurred without first making a written offer of reemployment to those persons on the academic reemployment list whom the president believes, as a result of his academic judgment confirmed by the board of trustees, are qualified to fill the position.
(c) The college president shall not fill a vacancy in an administrative position in any layoff unit in which a layoff has occurred without first making a written offer of reemployment to the person on the administrative reemployment list whom the president, in his administrative judgment confirmed by the board of trustees, believes is most qualified for the position.
(d) In the event that two or more persons on an academic reemployment list are equally qualified for a single faculty position, the college shall give reemployment preference in reverse of the order in which they were laid off: i.e. last laid off, first rehired. Where the president deems two or more persons on the administrative reemployment list to be equally qualified for an administrative position, the person with the longest employment within the layoff unit in which the vacancy exists shall be preferred.
(e) A person offered reemployment shall have two weeks from receipt to respond to an offer, which shall be sent by certified mail, return receipt requested, after which the offer shall be deemed to have expired and the person to have waived any rights to reemployment under these regulations. Persons on a reemployment list shall have the obligation to keep the college office designated by the president informed of current addresses.
(f) If a person offered reemployment cannot accept the reemployment offer immediately due to an ongoing professional contract with another employer, such person shall not be deemed to have waived any reemployment right, provided that he or she resumed employment with the college within one year of the date of notification of reemployment.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 2 - COMMUNITY COLLEGE REDUCTION IN FORCE POLICIES › Section 9A:7-2.8 - Reemployment lists; time period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Faculty who are tenured on the date of layoff shall remain on the reemployment lists for a period of five years from the date of layoff.
(b) Employees serving under a multi-year contract on the date of layoff shall remain on the reemployment lists for the duration of the multi-year contract.
(c) Employees serving under an annual contract shall remain on the reemployment list until the end of the annual contract pursuant to which they were employed on the date of layoff.
(d) Notwithstanding the provisions of this section, a person who is offered and declines reemployment pursuant to 9A:7-2.7(b)  shall be removed from the reemployment list and waive all rights to reemployment.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 2 - COMMUNITY COLLEGE REDUCTION IN FORCE POLICIES › Section 9A:7-2.9 - Reappointment of laid-off employees

Current through Register Vol. 56, No. 14, July 15, 2024
Any employee on layoff status who is reemployed after layoff shall be reappointed with a rank and salary equivalent to his or her rank and paid the salary earned when laid off, or the then current minimum of the salary range for the rank, whichever is greater.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 2 - COMMUNITY COLLEGE REDUCTION IN FORCE POLICIES › Section 9A:7-2.10 - Other colleges

Current through Register Vol. 56, No. 14, July 15, 2024
Rights established under this subchapter for employees pertain only to the college at which they are employed. Therefore, an employee who is laid off at one college has no rights to reemployment at another college.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 3 - TENURE POLICIES › Section 9A:7-3.1 - Monitoring proportion of tenured faculty

Current through Register Vol. 56, No. 14, July 15, 2024
In order to maintain the flexibility of the institution to respond to the changing educational needs of future generations of students, each college board of trustees shall take appropriate steps to achieve a future balance of the proportion of faculty ultimately tenured. The board of trustees shall annually monitor the projected proportion of tenured faculty and the progress being made to achieve the institutional goal of limiting the proportion of tenured faculty.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 3 - TENURE POLICIES › Section 9A:7-3.2 - Establishment of internal policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each community college board of trustees shall establish internal policies which indicate that it will impose either specific restrictions or more intensive and rigorous review procedures for any reappointment conferring tenure which brings the proportion of individuals in a department (or other major academic sub-unit) or in the college as a whole above the level deemed necessary by the board of trustees to maintain an appropriate balance between tenured and non-tenured faculty.
(b) Reappointments conferring tenure which raise the proportion of tenured faculty above the level deemed appropriate by the board of trustees shall be made only when judged by the college board of trustees as being in the best interests of the college.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 3 - TENURE POLICIES › Section 9A:7-3.3 - Performance during probationary period

Current through Register Vol. 56, No. 14, July 15, 2024
Tenure should be awarded only to individuals whose performance during their probationary period gives clear evidence of the ability and willingness to make a significant and continuing contribution to the growth and development of the institution.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 3 - TENURE POLICIES › Section 9A:7-3.4 - Positive evidence of excellence

Current through Register Vol. 56, No. 14, July 15, 2024
Tenure should be awarded after presentation of positive evidence of excellence in teaching, scholarly achievement, contribution to college and community, and fulfillment of professional responsibilities, and not solely because negative evidence to the contrary is not presented.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 3 - TENURE POLICIES › Section 9A:7-3.5 - Evaluation procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each community college board of trustees should establish a procedure which the college will employ to regularly evaluate the performance of tenured faculty members.
(b) Evaluations should occur not less frequently than each year. A comprehensive evaluation, including the components set forth in (c) below, shall occur at least once every five years.
(c) These evaluations, which should include student input, should comprehend such factors as continued teaching competence, professional preparation, and attainments that are directly related to teaching or administrative assignments; contributions to campus life beyond formal, assigned instructional activity; and significant research, scholarly, or community activity.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 7 - RESERVED › Subchapter 4 - PROFESSIONAL EMPLOYEE POLICIES › Section 9A:7-4.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Administrative position" or "administrative capacity" means positions which require the exercise of supervisory authority or involvement in the development of policy. However, for the purpose of these regulations, normal participation by members of the teaching staff in the process of institutional governance shall not affect their status as members of the "teaching staff".
"Professional personnel" means individuals serving in positions which at minimum require the individual to hold a bachelor's degree or its equivalent.
"Teaching staff" means individuals appointed with the titles of instructor, assistant professor, associate professor and professor, who are actively serving in such positions.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 1 - ADMINISTRATION FOR STATE GRANTS AND SCHOLARSHIPS › Section 9A:9-1.1 - Policy responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
The Higher Education Student Assistance Authority (Authority) shall develop, coordinate, and administer policies for scholarship and tuition aid programs as provided by law. The Authority shall create and adopt such rules and regulations deemed necessary for the proper administration of these programs.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 1 - ADMINISTRATION FOR STATE GRANTS AND SCHOLARSHIPS › Section 9A:9-1.2 - Creation of Student Advisory Committee

Current through Register Vol. 56, No. 14, July 15, 2024
The Higher Education Student Assistance Authority shall create a Student Advisory Committee whose purpose shall be to advise the Authority on the effect of Authority policy and regulations; suggest alternative policy and rules to the Authority; and provide a means of communication between the Authority and students. The Authority shall initially appoint a nine member Student Advisory Committee from nominations provided by the students and student associations of each college in New Jersey. The Committee members shall be New Jersey residents, as defined at N.J.A.C. 9A:9-2.2, and United States citizens, unless affirmative evidence has been submitted for exception in accordance with N.J.A.C. 9A:9-2.3. The nine members, all of whom shall be full-time undergraduate students, shall consist of at least one, but no more than three, students from each of the following sectors: the independent colleges, Rutgers, The State University, the State colleges, the public research universities, and the county colleges. Students representing each sector shall be chosen such that in any given year one of the representatives shall complete his or her degree requirements within one academic year from the time of his or her selection and one shall be of lower class rank. Members of the Student Advisory Committee shall serve one-year terms and their appointments may be renewed according to the initial appointment process. The Student Advisory Committee shall elect a Chairperson and Vice Chairperson from among its members, each of whom shall be from different collegiate institutional sectors. The Chairperson and Vice Chairperson shall serve as voting members on the Higher Education Student Assistance Authority board. In the event of a vacancy on the Student Advisory Committee, the Authority may fill the vacancy in the same manner as the original appointment.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.2 - Residency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Students must be legal residents of New Jersey for a period of not less than 12 consecutive months immediately prior to the academic period for which aid is being requested. The residence of a student is defined in terms of domicile. Domicile is defined as the place where a person has his or her true, fixed, permanent home and principal establishment, and to which, whenever he or she is absent, he or she has the intention of returning.
1. A dependent student, as defined at N.J.A.C. 9A:9-2.6, shall be considered domiciled in this State for the purposes of determining eligibility for a State student grant or scholarship if the student meets the following criteria:
i. The student is a United States citizen or an eligible noncitizen, as determined at 20 U.S.C. §
												1091;
ii. The student and the student's parent(s) have resided in the State for a period of not less than 12 consecutive months immediately prior to the academic period for which State student assistance is being requested; and
iii. The student's parent(s) or guardian provides the Higher Education Student Assistance Authority, upon request, with documentation to verify income and assets.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.3 - Noncitizens and resident aliens

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to receive a grant or scholarship, a noncitizen of the United States of America or resident alien must present affirmative evidence that he or she is not in the United States for the temporary purpose of obtaining an education. Acceptable affirmative evidence is delineated annually by the United States Department of Education in the Federal Student Aid Handbook published at
http://ifap.ed.gov/ifap/byAwardYear.jsp?type=fsahandbook
.
The acceptable affirmative evidence standards set forth in Volume 1, Chapter 2, Citizenship, of the 2019-2020 Federal Student Aid Handbook, which is incorporated herein by reference, as amended and supplemented. For a noncitizen of the United States of America, or resident alien, legal New Jersey residency for purposes of N.J.A.C. 9A:9-2.2commences when a student is granted permanent resident status in the United States.
(b) In order to receive a grant or scholarship, a student other than a nonimmigrant alien within the meaning of section 101(a)(15) of the Immigration and Nationality Act, 8 U.S.C. §
										1101(a)(15) shall:
1. Have attended a New Jersey high school for at least three years;
2. Have graduated from a New Jersey high school or received the equivalent of a high school diploma from New Jersey; and
3. In the case of a person without lawful immigration status, filed an affidavit with the institution of higher education stating either that the student has filed an application to legalize his or her immigration status, or that the student will file an application to legalize his or her immigration status as soon as he or she is eligible to do so.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.4 - Eligibility and repayments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to receive a need-based award, students must have demonstrated financial need through submission of a financial aid form approved by the Higher Education Student Assistance Authority in accordance with annually established deadline dates.
1. Parents of students who meet the definition of "dependent" at N.J.A.C. 9A:9-2.6, shall provide the information necessary to complete the student's financial aid application, including documentation requested for verification in accordance with annually established deadline dates. Parents who knowingly and willfully refuse to provide the required information will be subject to a civil penalty of not more than $ 500.00, to be collected in proceedings in accordance with the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.).
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.5 - Student notification

Current through Register Vol. 56, No. 14, July 15, 2024
The Higher Education Student Assistance Authority shall notify students of grant eligibility in writing, either electronically or by mail. The amount of the grant is subject to change based on the annual level of appropriations and other resources available to the student (see N.J.A.C. 9A:9-2.9). The institution's written notification to the student regarding State financial assistance shall contain a clause indicating the State is not responsible for funding of the grant in the event of fraudulent, inaccurate, or misleading information.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.6 - Dependent/independent student defined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The term independent, when used with respect to a student, is defined annually by the United States Department of Education in the Federal Student Aid Handbook published at
http://fsapartners.ed.gov/knowledge-center/fsa-handbook/pdf/2021-2022
. The definition is set forth in Chapter 2 of the Application and Verification Guide, contained in the 2021-2022 Federal Student Aid Handbook, which is incorporated herein by reference, as amended and supplemented.
(b) For purposes of State student financial aid programs, an independent student does not include students who are emancipated minors, were emancipated minors upon reaching the age of majority in the state in which the student resided at that time, or are either currently, or when they were a minor were, in a guardianship status in which a parent retained legal parental rights or is, or were, obligated to pay child support.
(c) The term independent also includes a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances as provided under Title IV of the Higher Education Act of 1965, as amended, 20 U.S.C. §
										1087vv, and its implementing regulations and rules. For purposes of receiving State financial assistance as an independent student due to unusual circumstances, the following conditions apply:
1. Determinations of independence must satisfy all applicable Federal standards set forth under Title IV of the Higher Education Act of 1965, as amended, and its implementing regulations and rules;
2. Individual determinations of independent student status for State student aid programs shall be made in a manner consistent with the institutional policies regarding the awarding of all need-based financial aid, including Federal and State aid;
3. Individual determinations of independent student status shall not be made on the basis of any of the following:
i. The parent(s) refusing to contribute to the student's education;
ii. The parent(s) being unwilling to provide information on the financial aid application or for verification;
iii. The parent(s) not claiming the student as a dependent for income tax purposes;
iv. The student demonstrating self-sufficiency; or
v. The student not living with the parent(s); and
4. The institution shall share with the Higher Education Student Assistance Authority any material findings or audit exceptions related to the determination of dependency status at any time they are revealed in the course of an audit or program review.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.7 - Verification of family financial data

Current through Register Vol. 56, No. 14, July 15, 2024
Students, upon request, must provide the Higher Education Student Assistance Authority with documentation including, but not limited to, Internal Revenue Service tax return transcripts and/or State income tax returns for themselves, and in the case of dependent students, for their parents, for verification purposes. In the limited circumstances when students or parents are unable to obtain transcripts from the Internal Revenue Service, the Authority may accept a signed copy of the Federal income tax return. If no tax returns were filed for the year requested, students must provide the Authority with documented proof, received through a Federal or State agency, of taxable and/or untaxed income, including, but not limited to, an IRS tax and wage transcript, receipt of unemployment payments, child support, alimony, welfare payments, Social Security benefits, or at least one benefit from any of the following Federal or State programs: Medicaid, SSI, SNAP, TANF, WorkFirst NJ, General Assistance, cash assistance, housing and rental assistance subsidies, or WIC. Financial data provided on the financial aid form may be verified by the Authority and/or institution through the comparison of information reported on income tax transcripts and returns and other requested documentation. Discrepancies will require the re-evaluation of the student's eligibility. Students, as well as institutions, will be notified if an adjustment in the value of aid is required. If documentation is not received to verify income or resolve discrepancies aid will not be granted.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.8 - Renewal eligibility and filing

Current through Register Vol. 56, No. 14, July 15, 2024
Students must apply to renew their need-based State financial assistance through the annual filing of a financial aid form in accordance with 9A:9-2.4. To receive a renewal of State financial assistance, students must continue to meet all program eligibility requirements as contained in these rules and applicable statutes.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.9 - Award combinations and overawards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Students receiving New Jersey State financial assistance funds may receive various combinations of awards. However, students cannot simultaneously hold an Educational Opportunity Fund grant and a Garden State Scholars award in any single semester.
(b) State grants, scholarships and other financial assistance cannot exceed the student's cost of attendance as determined by the institution.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.10 - Verification of enrollment and academic performance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before payment may be made to an eligible student, the institution shall have satisfactory evidence that the student is eligible for State grant and/or scholarship assistance, has registered as a full-time student for an academic term in an eligible program of study, or a minimum of six credits if the student is applying for an approved part-time financial aid program in an eligible program of study, and that the student is meeting minimum standards for academic performance and academic progress.
(b) Students receiving State financial assistance under the student assistance programs administered by the Higher Education Student Assistance Authority shall remain in good academic standing as defined by the institution which they are attending.
(c) For purposes of determining State financial assistance eligibility, the Authority shall recognize the same standards for academic performance and satisfactory academic progress that an institution adopts to determine eligibility for Federal student aid programs under Title IV of the Higher Education Act of 1965, as amended, and its implementing regulations and rules.
(d) The academic standing and progress of all students receiving State financial assistance must be monitored by institutions at least once a year, prior to the fall semester.
(e) Students who fail to achieve the standards set forth in this section shall be ineligible to receive State financial assistance under the programs administered by the Authority until such time as the institution certifies that they are in good academic standing and are achieving satisfactory academic progress.
(f) The institution shall share with the Authority any material findings or audit exceptions related to the determination of academic progress at any time they are revealed in the course of an audit or program review.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.11 - Payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The maximum number of semester award payments that students may receive are as follows:
1. Tuition Aid Grant Program:
Maximum
Semesters for
Enrollment Status
Award Payments
TWO-YEAR
Regular 2-Year Program
5
COLLEGES:
Remedial/Developmental or Bilingual
6
(ESL) Curriculum
EOF Program
6/8 <1>
FOUR-YEAR
Regular 4-Year Program
9
COLLEGES:
County College Transfers/Remedial/Developmental/Bilingual Curriculum
10 <2>
5-Year Program
11/12 <3>
EOF Program
12 <1>
Type of Program
2-Year College Maximum Semesters
4-Year College Maximum Semesters1
Regular program
5
9
Remedial/Developmental or
6
10
Bilingual (ESL) Curriculum2
EOF Program
8
12
Three Plus One Degree Program established pursuant
6
10
to P.L. 2018, c. 144 County college transfer
N/A
10
5-year program 5-year county college transfer,
N/A
11
Remedial/Developmental or Bilingual curriculum
N/A
12
<1>The semesters of payment are cumulative and include all payments made for a two-year program.
<2> Remedial/Developmental or Bilingual (ESL) Curriculum must contain the equivalent of 18 or more credit hours of remedial or bilingual (ESL) courses.
2. Other State Student Assistance Programs, if not separately defined by rule:
Enrollment Status
Maximum Semesters for Award Payments
TWO-YEAR COLLEGES:
Regular 2-Year Program
5
Remedial/Developmental or Bilingual (ESL)
6
FOUR-YEAR COLLEGES:
Regular 4-Year Program
8<1>
Regular 5-Year Program
10<1>
Type of Program
2-Year College Maximum Semesters
4-Year College Maximum Semesters1
Regular program
5
8
Three Plus One Degree
Program established pursuant
6
8
to P.L. 2018, c. 144
Remedial/Developmental or Bilingual (ESL) Curriculum2
6
8
5-year program
N/A
10
<1> The semesters of payment are cumulative and include all payments made for a two-year program.
<2> Remedial/Developmental or Bilingual (ESL) Curriculum must contain the equivalent of 18 or more credit hours of remedial or bilingual (ESL) courses.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.12 - Award adjustments, refunds and collections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a refund is due a student under the institution's refund policy and the student received State financial assistance under any State student financial assistance program, the institution shall multiply the institutional refund by the following fraction to determine the amount to be refunded to the State: amount of State financial assistance awarded for the payment period divided by the total amount of financial aid (minus Federal Work-Study earnings) awarded for the period.
(b) "Payment period" as used in (a) above means the time between the first day of classes for an academic term and the end of that term according to the institutional calendar.
(c) The formula in (a) above shall be applied if a student reduces his or her academic course load to less than full-time prior to the end of the institutional refund period. However, if the student reduces his or her academic course load to less than full-time after the end of the institutional refund period, a refund to the State is not required.
(d) If a combination of State student funds has been packaged for the student and a refund is due the State, a prorated amount is applied to each of the State programs in the student's State financial assistance package.
(e) If a cash disbursement has been made by an institution for non-institutional costs from any State financial assistance program, and it is determined by application of the institution's refund policy and the formula in (a) above that a refund should be paid to the State, the institution shall endeavor to collect the overpayment from the student and return it to the State. If this effort is unsuccessful, the institution shall notify the Higher Education Student Assistance Authority of the amount owed for each State financial assistance program. Non-institutional costs may include, but are not limited to, room and board, books and supplies, transportation, and miscellaneous expenses.
(f) If a student utilizes any portion of an award, it will be treated the same as a full semester payment in calculating the number of semesters of eligibility. Thus, the institution shall afford the student the opportunity to decline and repay the State award for that payment period.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.13 - Student's obligation

Current through Register Vol. 56, No. 14, July 15, 2024
Students are required to log onto the New Jersey Financial Aid Management System and ensure that their file is complete and accurate. Any changes to family financial status must be reported to the institution, which shall exercise professional judgment pursuant to N.J.A.C. 9A:9-3.3 to determine if there is a change in the student's eligibility for State student assistance programs.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.14 - Check endorsements

Current through Register Vol. 56, No. 14, July 15, 2024
All checks issued to institutions by the Department of the Treasury must be negotiated within 90 days of their issuance. Checks are automatically cancelled if not cashed within 90 days.
New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 9 - GRANT AND SCHOLARSHIP PROGRAMS › Subchapter 2 - GENERAL PROVISIONS FOR TUITION AID GRANT AND GARDEN STATE SCHOLARSHIP PROGRAMS › Section 9A:9-2.15 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
If, for any reason a student, his or her family, or an institution feels that the application of this subchapter results in an unfair determination of eligibility, an appeal shall be filed with the Higher Education Student Assistance Authority within 60 days of initial notification of eligibility or ineligibility. All appeals shall be in writing and addressed to the Director of Grants and Scholarships in the Authority, PO Box 540, Trenton, New Jersey 08625-0540 or submitted electronically, and shall contain the student's full name, Social Security number or customer ID number, college of attendance, and a description of the basis for the appeal. Appeals will be considered on the basis of this appeals process approved by the Authority.