New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 11 - PROTESTS AND HEARING PROCEDURES › Section 19:38C-11.3 - Hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hearing
				  procedures shall be as follows:
1. The
				  Authority, in its sole discretion, shall determine whether to grant an informal
				  hearing regarding any protest. Informal hearings are for fact-finding purposes
				  for the benefit of the Authority and the Authority shall have the sole
				  discretion as to whether to hold an informal hearing. Alternatively, the
				  Authority may determine that sufficient information already exists in the
				  record, so that a decision may be made without a hearing, and the Authority may
				  issue a final agency decision accordingly. In the event that the Authority
				  determines that a hearing is not necessary, a written decision will be issued
				  by the Authority within five business days of receipt of all documents related
				  to the protest.
2. Informal
				  hearings will be held, where feasible, within 14 business days of the receipt
				  of the request. Hearings will be heard, where practicable, by a hearing officer
				  designated by the Chief Executive Officer. The hearing officer shall issue a
				  final written decision within 30 calendar days of the conclusion of the hearing
				  unless, due to the circumstances of the hearing, a greater time is required.
				  For all protests of the RFQ or RFP processes and documents, the written
				  decision will issue prior to the opening of proposals. If a decision based upon
				  a protest results in a modification of the aforesaid process or documents, such
				  decision shall be conveyed by addendum to all consultants eligible for the
				  procurement at issue.
3. In an
				  informal hearing, the Authority may, in instances where public exigency exists
				  or where there is potential for substantial savings to the State, modify or
				  amend the time frames or any other requirements provided in this subchapter. In
				  these instances, the Authority shall document, for the record, the rationale
				  for such amendment and give adequate notice to the parties involved.
4. For matters of dispute that may occur
				  relative to the activities of the Authority, if formal hearings are warranted,
				  such hearings will be held by the Chief Executive Officer or his or her
				  designee, or by an Administrative Law Judge pursuant to the Administrative
				  Procedure Act,
				  52:14B-1 et seq. and 52:14F-1 et
				  seq., as applicable.
5. The Board
				  of the Authority, or the Chief Executive Officer, as its designee, shall
				  determine whether a matter constitutes a contested case and shall retain or
				  refer any such matter for hearing pursuant to the Administrative Procedure Act,
				  52:14B-1 et seq. and 52:14F-1 et
				  seq. Upon filing of the initial pleading in a contested case, the Board of the
				  Authority may by resolution either retain the matter for hearing directly or
				  transmit the matter for hearing before the Office of Administrative Law. Such
				  hearings shall be governed by the provisions of the Administrative Procedure
				  Act, 52:14B-1 et seq. and 52:14F-1 et
				  seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.