New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 9 - PROTESTS › Section 19:38B-9.3 - 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 the
				  opportunity for an informal hearing regarding a protest. Informal hearings are
				  for fact-finding purposes for the benefit of the Authority and the Authority
				  shall have the sole discretion 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 waive the hearing and 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 period is required. For all
				  protests of the RFP processes and documents, the written decision will issue
				  prior to the opening of statements of qualification or proposals, respectively.
				  If a decision based upon a protest results in a modification of the aforesaid
				  process or documents, such decision shall be conveyed to all eligible bidders
				  by addendum.
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 section. 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., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, 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.