New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 46 - DEVELOPMENT OF MINORITY AND WOMEN'S BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:46-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall
				  have the following meanings, unless the context clearly indicates
				  otherwise:
"Appeal" means a timely filed written challenge to a denial
				  or revocation of a certification as a minority business or a women's
				  business.
"Applicant" means a business that applies for certification
				  as a minority business or a women's business, in accordance with the provisions
				  of P.L. 1986, c. 195 (N.J.S.A.
				  52:27H-21.17et seq.).
"Business" means an entity organized for profit including,
				  but not limited to, an individual or individuals, sole proprietorship,
				  partnership, Limited Liability Company, corporation, or joint venture.
"Certification" means a determination by the Division that an
				  applicant has met the standards for certification as a minority and/or women's
				  business under the Act and this chapter.
"Control" (managerial and operational control) means
				  authority over the affairs of a business, including, but not limited to,
				  capital investment, property acquisition, employee hiring, contract
				  negotiations, legal matters, officer and director selection, operating
				  responsibility, financial transactions, and the rights of other shareholders or
				  joint partners. Control shall not include absentee ownership. Control shall be
				  deemed not to exist where an owner is not a minority in the case of a minority
				  business; or where the owner is not a female in the case of a women's business.
				  Additionally, control shall not be deemed to exist where someone, other than a
				  minority or a woman, is disproportionately responsible for the operation of a
				  business, or for policy and contractual decisions.
"Day" or "business day" means any weekday, excluding
				  Saturdays, Sundays, State or Federal legal holidays, and State-mandated
				  furlough days.
"Denial" means an administrative decision by the Division to
				  reject an application for reasons such as the submission being incomplete,
				  inaccurate, or failing to meet the eligibility standard for a minority business
				  or a women's business.
"Department" means the Department of the Treasury.
"Director" means the head of the Division of Revenue and
				  Enterprise Services in the Department of the Treasury.
"Disadvantaged Business Enterprise" means certification,
				  pursuant to the Fixing America's Surface Transportation Act,
				  P.L.
				  114-94 (December 4, 2015).
"Division" means the Division of Revenue and Enterprise
				  Services in the Department of the Treasury, which has been allocated the
				  authority by the State Treasurer to register vendors for the New Jersey
				  Set-Aside program and certify businesses under the Uniform Certification
				  Act.
"Filed" means received by the Director or a Division
				  representative.
"Hearing officer" means a State of New Jersey, Department of
				  the Treasury employee designated by the State Treasurer to hear cases involving
				  an appeal of a denial of a certification or a challenge to a certification,
				  pursuant to the provisions of this chapter, and to render decisions on those
				  appeals and challenges.
"Joint venture" means a business undertaking between two or
				  more entities who share risk and responsibility for a specific project while
				  otherwise retaining their distinct identities.
"Minority" means a person who is:
1. Black, which is a person having origins in any of the
				  black racial groups in Africa;
2. Hispanic, which is a person of Spanish or Portuguese
				  culture, with origins in Mexico, South or Central America, or the Caribbean
				  Islands, regardless of race;
3. Asian American, which is a person having origins in any of
				  the original peoples of the Far East, Southeast Asia, Indian Subcontinent,
				  Hawaii, or the Pacific Islands; or
4. American Indian or Alaskan native, which is a person
				  having origins in any of the original peoples of North America.
"Minority business" means a business, pursuant to
				  N.J.S.A.
				  52:27H-21.18, which is:
1. A sole proprietorship, owned and controlled by a
				  minority;
2. A partnership or joint venture, owned and controlled by
				  minorities in which at least 51 percent of the ownership interest is held by
				  minorities and the management and daily business operations of which are
				  controlled by one or more of the minorities who own it; or
3. A corporation or other entity, whose management and daily
				  business operations are controlled by one or more minorities who own it, and
				  which is at least 51 percent owned by one or more minorities, or, if stock is
				  issued, at least 51 percent of the stock is owned by one or more
				  minorities.
"Selective Assistance Vendor Information (SAVI)" means the
				  database in which the Division maintains a public listing of registered small
				  businesses, veteran's businesses, disabled veteran-owned businesses, and
				  certified minority and women's businesses.
"State contracting agency" or "contracting agency" means any
				  board, commission, committee, authority, division, college, university,
				  department, or agency of the State that possesses the legal authority to enter
				  into, or award, contracts for goods and services or construction contracts. A
				  list of State contracting agencies shall be maintained at
www.newjerseybusiness.gov
and
				  updated, as necessary, to reflect the addition or elimination of
				  agencies.
"Woman" or "women" means an individual, regardless of race,
				  who self-identifies her gender as a woman, without regard to the individual's
				  designated sex at birth.
"Women's business" means a business, pursuant to
				  N.J.S.A.
				  52:27H-21.18, which is:
1. A sole proprietorship owned and controlled by a
				  woman;
2. A partnership or joint venture owned and controlled by
				  women in which at least 51 percent of the ownership is held by women and the
				  management and daily business operations of which are controlled by one or more
				  women who own it; or
3. A corporation or other entity whose management and daily
				  business operations are controlled by one or more women who own it, and which
				  is at least 51 percent owned by women, or, if stock is issued, at least 51
				  percent of the stock is owned by one or more women.