New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31E - MAIN STREET RECOVERY FINANCE PROGRAM › Subchapter 1 - MAIN STREET RECOVERY FINANCE PROGRAM › Section 19:31E-1.8 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any action by
				  the Board shall be effective 10 business days after the Governor's receipt of
				  the minutes, provided neither an early approval nor veto has been
				  issued.
(b) An applicant may appeal
				  an action by the Authority by submitting in writing to the Authority, within 10
				  business days from the effective date of the Authority's action, an explanation
				  as to how the applicant has met the product criteria. Such appeals are not
				  contested cases subject to the requirements of the Administrative Procedure
				  Act, N.J.S.A. 52:14B-1 et seq., and
				  52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C.
				  1:1.
(c) Appeals that are timely
				  submitted shall be handled by the Authority as follows:
1. The Chief Executive Officer, or other
				  Authority staff designated under delegated authority, shall designate an
				  employee of the Authority to serve as a hearing officer for the appeal and to
				  make a recommendation on the merits of the appeal to the Authority. The hearing
				  officer shall perform a review of the written record and may require an
				  in-person hearing. The hearing officer has sole discretion to determine if an
				  in-person hearing is necessary to reach an informed decision on the appeal. The
				  Authority may consider new evidence or information that would demonstrate that
				  the applicant meets all of the product criteria.
2. Following completion of the record review
				  and/or in-person hearing, as applicable, the hearing officer shall issue a
				  written report containing his or her finding(s) and recommendation(s) on the
				  merits of the appeal. The hearing officer's report shall be advisory in
				  nature.
3. The Board, or the Chief
				  Executive Officer, or other Authority staff under delegated authority, shall
				  issue a final decision on the appeal as follows:
i. If the Board is issuing the final
				  decision, the Chief Executive Officer may include a recommendation to the
				  written report of the hearing officer.
ii. The applicant shall receive a copy of the
				  written report of the hearing officer, which shall include the recommendation
				  of the Chief Executive Officer, if any, and shall have the opportunity to file
				  written comments and exceptions to the hearing officer's report within five
				  business days from receipt of such report.
iii. The Authority shall consider the hearing
				  officer's report, the recommendation of the Chief Executive Officer, if any,
				  and any written comments and exceptions timely submitted by the applicant.
				  Based on that review, the Authority shall issue a final decision on the
				  appeal.
4. Final
				  decisions rendered by the Authority shall be appealable to the Superior Court,
				  Appellate Division, in accordance with the Rules Governing the Courts of the
				  State of New Jersey.