New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 47 - BUSINESS CERTIFICATION FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, QUESTIONING+ (LGBTQ+) BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:47-1.2 - 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 an LGBTQ+ business.
"Applicant" means a business that applies for certification
				  as an LGBTQ+ business pursuant to this chapter.
"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 an LGBTQ+ business, per
				  these procedures.
"Control and managerial and operational control" mean
				  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 does not identify as LGBTQ+. Additionally,
				  control shall not be deemed to exist where someone, other than someone who
				  identifies as LGBTQ+, is disproportionately responsible for the daily 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 an LGBTQ+
				  business.
"Department" means the Department of the Treasury.
"Designated 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 this chapter, and to render decisions on those
				  appeals and challenges.
"Director" means the head of the Division of Revenue and
				  Enterprise Services, in the Department of the Treasury.
"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 certify businesses pursuant to this
				  chapter.
"EO 295" means Executive Order No. 295 (2022), issued by
				  Governor Murphy on May 3, 2022.
"Filed" means received by the Director or a Division
				  representative.
"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.
"LGBTQ+" means a person who identifies as lesbian, gay,
				  bisexual, transgender, queer, questioning +, or who otherwise does not identify
				  as heterosexual or cisgender.
"LGBTQ+ business" means a business, which is:
1. A sole proprietorship, owned and
				controlled by a person who identifies as LGBTQ+;
2. A partnership or joint venture, owned and
				controlled by individuals who identify as LGBTQ+ in which at least 51 percent
				of the ownership interest is held by individuals who identify as LGBTQ+, and
				the management and daily business operations of which are controlled by one or
				more of the individuals who identify as LGBTQ+ who own it; or
3. A corporation or other entity, whose
				management and daily business operations are controlled by one or more
				individuals who identify as LGBTQ+ who own it, and which is at least 51 percent
				owned by one or more individuals who identify as LGBTQ+ or, if stock is issued,
				at least 51 percent of the stock is owned by one or more individuals who
				identify as LGBTQ+.
"Selective Assistance Vendor Information (SAVI)" means the
				  database in which the Division maintains a public listing of small businesses,
				  veteran's businesses, disabled veteran-owned businesses, minority, and women
				  businesses and following the promulgation of this subchapter, LGBTQ+
				  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.