reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 24 - STATE CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-24.2 - Contributions by business entities prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  A business entity that agrees to any contract or agreement, except for a contract or
				  agreement awarded pursuant to a fair and open process, with the State or any
				  department or agency thereof or its independent authorities either for the rendition
				  of services or furnishing of any material, supplies, or equipment or for the
				  acquisition, sale, or lease of any land or building, if the value of the transaction
				  exceeds $ 17,500, shall not knowingly solicit or make any contribution reportable by
				  the recipient of money, or pledge of a contribution, including in-kind
				  contributions, to a candidate committee of any candidate or holder of the public
				  office of Governor prior to the completion of the contract or agreement.
(b) For the purposes of (a) above, a business
				  entity shall have knowingly made a contribution if the business entity did not
				  request, in writing, within 30 days of the date on which the contribution was made,
				  that the recipient candidate committee of any candidate or holder of the public
				  office of Governor repay the contribution and, if the business entity did not
				  receive repayment within those 30 days.
(c) For the purposes of (a) above, it shall be
				  presumed that a contribution made to a candidate committee of any candidate or
				  holder of the public office of Governor within 60 days of a gubernatorial primary or
				  general election was made knowingly.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 24 - STATE CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-24.3 - Request for repayment of a contribution

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  If a business entity makes a contribution during the term of a contract that would
				  constitute a violation of
				  N.J.A.C.
				  19:25-24.2, the entity may request, in writing,
				  that the recipient candidate committee of any candidate or holder of the public
				  office of Governor repay the contribution in full and, if such repayment is received
				  within 30 days after the date on which the contribution was made, the business
				  entity would no longer be in violation of
				  N.J.A.C.
				  19:25-24.2.
(b) It shall be presumed that a contribution or
				  contributions made within 60 days of a gubernatorial primary or general election
				  were not made inadvertently.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 24 - STATE CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-24.4 - Applicability to State agencies and authorities

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply to all contracts
					 and agreements, other than a contract or agreement that is awarded pursuant to a
					 fair and open process, with State agencies including contracts or agreements with
					 any of the principal departments in the Executive Branch, and any division, board,
					 bureau, office, commission, or other instrumentality within or created by such
					 department and any independent State authority, board, commission, instrumentality,
					 or agency.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 24 - STATE CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-24.5 - Inapplicability under Federal law or eminent domain

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall not apply in
					 circumstances when it is determined by the Federal government or a court of
					 competent jurisdiction that its application would violate Federal law or
					 regulation or prevent the State, its executive departments, agencies or
					 independent authorities from complying with all of the requirements, conditions
					 and obligations of the Eminent Domain Act of 1971, P.L. 1971, c. 361
					 (20:3-1 et seq.), as amended and
					 supplemented.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 24 - STATE CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-24.6 - Allegation of a violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request to the
				  Commission to investigate an allegation that a business entity has made a
				  contribution or contributions in violation of
				  N.J.A.C.
				  19:25-24.2 shall be filed on a form prescribed by
				  the Commission and shall include:
1. A copy of the
				  contract awarded by the State or any department or agency thereof or its independent
				  authorities to the business entity that is the subject of the request;
2. The name and address of the business entity,
				  which is alleged to have made a contribution in violation of
				  N.J.A.C.
				  19:25-24.2, and the amount of the alleged
				  contribution; and
3. The name and
				  address of the candidate committee of any candidate or holder of the public office
				  of Governor that is alleged to have accepted a contribution or contributions from a
				  business entity with a contract or agreement awarded by the State or any department
				  or agency thereof or its independent authorities.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 25 - LEGISLATIVE, COUNTY AND MUNICIPAL CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-25.2 - Contributions by business entities prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Notwithstanding the provisions of any other law to the contrary, a business entity
				  that has entered into a contract having an anticipated value in excess of $ 17,500
				  with a State agency in the Legislative Branch, that requires approval by a presiding
				  officer of either or both houses of the Legislature, except a contract that is
				  awarded pursuant to a fair and open process, shall not during the term of that
				  contract make a contribution, reportable by the recipient, to any candidate
				  committee or joint candidates committee established by that presiding
				  officer.
(b) Notwithstanding the
				  provisions of any other law to the contrary, a business entity that has entered into
				  a contract having an anticipated value in excess of $ 17,500 with a county, or any
				  agency or instrumentality thereof, except a contract that is awarded pursuant to a
				  fair and open process, shall not during the term of that contract make a
				  contribution, reportable by the recipient, to any candidate committee or joint
				  candidates committee of any person serving in an elective public office of that
				  county when the contract is awarded.
(c)
				  Notwithstanding the provisions of any other law to the contrary, a business entity
				  that has entered into a contract having an anticipated value in excess of $ 17,500
				  with a municipality, or any agency or instrumentality thereof, except a contract
				  that is awarded pursuant to a fair and open process, shall not during the term of
				  that contract make a contribution, reportable by the recipient, to any candidate
				  committee or joint candidates committee of any person serving in an elective public
				  office of that municipality when the contract is awarded.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 25 - LEGISLATIVE, COUNTY AND MUNICIPAL CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-25.3 - Prohibition on acceptance of contributions from a business entity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No candidate committee or joint candidates
				  committee, as set forth at
				  N.J.A.C.
				  19:25-25.2(a), shall accept a
				  contribution from a business entity during the term of the contract between the
				  business entity and the State agency in the Legislative Branch.
(b) No candidate committee or joint candidates
				  committee, as set forth at
				  N.J.A.C.
				  19:25-25.2(b), shall accept a
				  contribution from a business entity during the term of the contract between the
				  business entity and the county or its agency or instrumentality.
(c) No candidate committee or joint candidates
				  committee, as set forth at
				  N.J.A.C.
				  19:25-25.2(c), shall accept a
				  contribution from a business entity during the term of the contract between the
				  business entity and the municipality or its agency or instrumentality.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 25 - LEGISLATIVE, COUNTY AND MUNICIPAL CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-25.4 - Contribution deemed to be a contribution by business entity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				  business entity is a natural person, a contribution by that person's spouse or
				  child, residing therewith, shall be deemed to be a contribution by the business
				  entity.
(b) When a business entity
				  is other than a natural person, a contribution by any person or other business
				  entity having an interest therein shall be deemed to be a contribution by the
				  business entity.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 25 - LEGISLATIVE, COUNTY AND MUNICIPAL CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-25.5 - Business entity duty to report to Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  A business entity that has entered into a contract with a State agency in the
				  Legislative Branch, a county, or any agency or instrumentality thereof, or a
				  municipality, or any agency or instrumentality thereof, which contract has an
				  anticipated value in excess of $ 17,500 and was not awarded pursuant to a fair and
				  open process, shall have a continuing duty to report to the Commission any
				  contribution or contributions that are made during the duration of the contract in
				  violation of 19:25-25.2.
(b) The report of a contribution or contributions
				  made during the duration of a contract in violation of
				  N.J.A.C.
				  19:25-25.2 shall be filed with the Commission by
				  means of a letter and shall include:
1. The name
				  and address of the business entity that made the contribution or
				  contributions;
2. The name and address
				  of the candidate committee or joint candidates committee to which the contribution
				  was made;
3. The amount and date of each
				  contribution; and
4. Information
				  identifying the contract which shall include, but not be limited to, the name of the
				  government entity with whom the contract is made, the purpose of the contract, and
				  term of the contract.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 25 - LEGISLATIVE, COUNTY AND MUNICIPAL CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-25.6 - Repayment of a contribution

Current through Register Vol. 56, No. 14, July 15, 2024
If a business entity makes a contribution during the term of a
					 public contract that would constitute a violation of
					 N.J.A.C.
					 19:25-25.2, the business entity may request, in
					 writing, within 60 days of the date on which the contribution was made, that the
					 recipient candidate committee or joint candidates committee repay the contribution
					 and, if repayment is received within those 60 days, the business entity would no
					 longer be in violation of
					 N.J.A.C.
					 19:25-25.2.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 25 - LEGISLATIVE, COUNTY AND MUNICIPAL CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-25.7 - Penalty for a violation by a business entity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A business entity which is determined by the
				  Commission to have willfully and intentionally made a contribution that is in
				  violation of N.J.A.C. 19:25-25.2, or failed to
				  report a contribution, as required at
				  N.J.A.C.
				  19:25-25.5, may be liable to a penalty of up to
				  the value of its public contract.
1. For the
				  purposes of this subsection, a business entity shall have willfully and
				  intentionally made a contribution that is in violation of
				  N.J.A.C.
				  19:25-25.2 if the business entity did not request,
				  in writing, within 60 days of the date on which the contribution was made, that the
				  recipient candidate committee or joint candidates committee repay the contribution
				  and, if repayment was not received within those 60 days.
2. For the purposes of this subsection, a business
				  entity shall have willfully and intentionally failed to comply with the continuing
				  duty to report a contribution that is in violation of
				  N.J.A.C.
				  19:25-25.5 if the business entity fails to file
				  the report required at
				  N.J.A.C.
				  19:25-25.5 within 60 days of making the
				  contribution.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 25 - LEGISLATIVE, COUNTY AND MUNICIPAL CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-25.8 - Penalty for acceptance of an unlawful contribution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A candidate committee, joint candidates
				  committee, or campaign treasurer thereof, who or which is determined by the
				  Commission to have willfully and intentionally accepted a contribution in violation
				  of N.J.A.C.
				  19:25-25.3, shall be liable to a penalty for each
				  such violation equal to the penalties set forth at N.J.S.A. 19:44A-22e.
(b) For the purposes of (a) above, the willful and
				  intentional acceptance of a contribution by a candidate committee, joint candidates
				  committee, or campaign treasurer thereof, shall refer to the act of receiving a
				  contribution that is in violation of
				  N.J.A.C.
				  19:25-25.3 and retaining the contribution for a
				  period of more than 60 days.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 25 - LEGISLATIVE, COUNTY AND MUNICIPAL CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-25.9 - Allegation of a violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request to the
				  Commission to investigate an allegation that a business entity has made a
				  contribution or contributions in violation of
				  N.J.A.C.
				  19:25-25.2, that a candidate committee or joint
				  candidates committee has accepted a contribution or contributions in violation of
				  N.J.A.C.
				  19:25-25.3, or that a business entity has failed
				  to file a report required at
				  N.J.A.C.
				  19:25-25.5, shall be filed on a form prescribed by
				  the Commission and shall include:
1. A copy of the
				  contract awarded by the State agency in the Legislative Branch, by the county, or
				  any agency or instrumentality thereof, or by the municipality, or any agency or
				  instrumentality thereof, to the business entity that is the subject of the request
				  for investigation, or in the case of a contract awarded by a county, or any agency
				  or instrumentality thereof, or by a municipality, or any agency or instrumentality
				  thereof, a copy of the resolution, required pursuant to
				  40A:11-1 et seq., awarding the
				  contract to the business entity that is the subject of the request;
2. The name and address of the business entity
				  that is alleged to have made a contribution in violation of
				  19:25-25.2, and the amount of the
				  alleged contribution;
3. The name and
				  address of the spouse, child, person or other business entity whose contribution is
				  deemed by 19:25-25.4 to be a contribution by a
				  business entity and is alleged to have made a contribution in violation of
				  N.J.A.C.
				  19:25-25.2; and
4. The name and address of the candidate committee
				  or joint candidates committee that is alleged to have received a contribution or
				  contributions in violation of
				  N.J.A.C.
				  19:25-25.3.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 25 - LEGISLATIVE, COUNTY AND MUNICIPAL CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-25.10 - Opportunity for hearing

Current through Register Vol. 56, No. 14, July 15, 2024
In any penalty proceeding undertaken by the Commission
					 pursuant to
					 19:25-25.7 or 25.8, or statutory
					 authority, each respondent shall be afforded the opportunity for a hearing
					 pursuant to the provisions of the Administrative Procedure Act,
					 52:14B-1 et seq., 52:14F-1 et
					 seq., and N.J.A.C. 1:1.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 25 - LEGISLATIVE, COUNTY AND MUNICIPAL CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-25.11 - Default for failure to answer complaint

Current through Register Vol. 56, No. 14, July 15, 2024
In any penalty proceeding undertaken by the Commission
					 pursuant to
					 19:25-25.7 or 25.8, or statutory
					 authority, the Commission may enter a final decision, including penalty,
					 against any respondent who fails to file with the Commission a written
					 responsive pleading or answer within 20 days after service on such respondent
					 in conformity with the rules of the New Jersey Office of Administrative Law of
					 a copy of a complaint alleging a specific violation of the law within the
					 Commission's jurisdiction to enforce.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 26 - CONTRIBUTION DISCLOSURE BY FOR-PROFIT ENTITIES › Section 19:25-26.2 - Business entity disclosure to a State agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Not later than 10 days prior to the execution of any contract with a State agency,
				  which contract has an anticipated value in excess of $ 17,500, except for a contract
				  that is awarded pursuant to a fair and open process, a business entity bidding on or
				  negotiating for the contract shall submit to the State agency, according to
				  procedures established by the State agency, a list of contributions, including
				  contributions deemed to be contributions of the business entity pursuant to
				  N.J.A.C.
				  19:25-26.6, which shall contain the following:
1. The name of each continuing political
				  committee, or candidate committee or joint candidates committee of a candidate for,
				  or holder of, a State elective office to which the business entity made a
				  contribution reportable by the recipient during the 12-month period preceding the
				  date of the execution of the contract with the State agency;
2. The date of the contribution; and
3. The amount of the contribution.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 26 - CONTRIBUTION DISCLOSURE BY FOR-PROFIT ENTITIES › Section 19:25-26.3 - Business entity disclosure to a local unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Not later than 10 days prior to
				  the date of the resolution by a local unit awarding a contract which has an
				  anticipated value in excess of $ 17,500, except for a contract that is awarded
				  pursuant to a fair and open process, a business entity bidding on or negotiating for
				  the contract shall submit to the local unit, according to procedures established by
				  the local unit, a list of contributions, including contributions deemed to be
				  contributions of the business entity pursuant to
				  19:25-26.6, as set forth in (b)
				  below.
(b) The business entity shall
				  include the following information on the list of contributions submitted to a local
				  unit pursuant to (a) above:
1. The names of all of
				  the following to which the business entity made a contribution reportable by the
				  recipient during the 12-month period preceding the date of the resolution awarding
				  the contract with the local unit:
i. Any continuing
				  political committee; and
ii. Any
				  candidate committee or joint candidates committee of a candidate for, or holder of,
				  an elective office of the local unit awarding the contract, the county in which that
				  local unit is located, another local unit within that county, and the legislative
				  district in which that local unit is located or, when the local unit is a county, of
				  any legislative district which includes all or part of the county;
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 26 - CONTRIBUTION DISCLOSURE BY FOR-PROFIT ENTITIES › Section 19:25-26.4 - Business entity annual disclosure statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A business entity shall file
				  an annual disclosure statement with the Commission for each calendar year during
				  which the business entity received $ 50,000 or more in the aggregate through
				  agreements or contracts with a public entity or public entities, which annual
				  disclosure statement shall contain the information described in (b) below.
(b) A business entity shall report the following
				  on the annual disclosure statement:
1. The name and
				  mailing address of the business entity;
2. For each public entity from which the business
				  entity received money in the calendar year:
i. The
				  name of the public entity;
ii. The
				  amount of money the business entity received from the public entity;
iii. The date of each contract or agreement with
				  the public entity and information to identify the specific contract with the public
				  entity; and
iv. A description of the
				  goods, services or equipment provided or property sold to the public
				  entity;
3. The name and
				  address of the recipient candidate or committee, the contribution date, and the
				  contribution amount for each contribution reportable by the recipient that was made
				  by the business entity, including contributions deemed to be contributions of the
				  business entity pursuant to
				  N.J.A.C.
				  19:25-26.6, during the calendar year to the
				  following:
i. The candidate committee or joint
				  candidates committee of a candidate for or holder of the office of Governor, State
				  Senate, General Assembly, county executive, county commissioner, sheriff, clerk,
				  surrogate, and member of a municipal, school board, and fire district governing
				  body;
ii. A political committee;
				  and
iii. A continuing political
				  committee; and
4. The total
				  amount contributed by the business entity during the calendar year to the candidates
				  and committees described in (b)3 above.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 26 - CONTRIBUTION DISCLOSURE BY FOR-PROFIT ENTITIES › Section 19:25-26.5 - Filing the business entity annual disclosure statement

Current through Register Vol. 56, No. 14, July 15, 2024
A business entity, which has received $ 50,000 or more in
					 the aggregate through agreements or contracts with a public entity or public
					 entities during a calendar year shall file the business entity annual
					 disclosure statement (Form BE) with the Commission on or before March 30th
					 immediately following the calendar year during which the business entity
					 received $ 50,000 or more in the aggregate through agreements or contracts with
					 a public entity or public entities using the electronic filing
					 system.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 26 - CONTRIBUTION DISCLOSURE BY FOR-PROFIT ENTITIES › Section 19:25-26.6 - Contribution deemed to be a contribution by a business entity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the
				  purposes of this subchapter, when a business entity is a natural person, a
				  contribution made by that person's spouse or child, residing therewith, shall
				  be deemed to be a contribution by the business entity.
(b) For the purposes of this subchapter, when
				  a business entity is other than a natural person, a contribution made by any of
				  the following shall be deemed to be a contribution by the business entity:
1. A person or other business entity having
				  an interest in the business entity;
2. A principal, partner, officer, director,
				  or trustee of the business entity;
3. The spouse of a principal, partner,
				  officer, director, or trustee of the business entity;
4. A subsidiary directly or indirectly
				  controlled by the business entity; and
5. A continuing political committee organized
				  under section 527 of the Internal Revenue Code that is directly or indirectly
				  controlled by the business entity.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 26 - CONTRIBUTION DISCLOSURE BY FOR-PROFIT ENTITIES › Section 19:25-26.7 - Allegation of a violation; fine

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request to
				  the Commission to investigate an allegation that a business entity has violated the
				  provisions of this subchapter shall be filed on a form prescribed by the Commission
				  and shall include:
1. The name and address of the
				  person or entity requesting the investigation;
2. The name and address of the business entity
				  which is alleged to have failed to comply with the requirements of this
				  subchapter;
3. A copy of the contract
				  awarded by the State agency to the business entity that is the subject of the
				  request or a copy of the resolution of the local unit awarding the contract to the
				  business entity that is the subject of the request; and
4. The name(s) and address(es) of the candidate
				  committee, joint candidates committee, political committee, or continuing political
				  committee that is alleged to have received a contribution from the business entity,
				  which contribution was not disclosed by the business entity as required by this
				  subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 26 - CONTRIBUTION DISCLOSURE BY FOR-PROFIT ENTITIES › Section 19:25-26.8 - Opportunity for hearing

Current through Register Vol. 56, No. 14, July 15, 2024
In any penalty proceeding undertaken by the Commission to
					 enforce the provisions of this subchapter, or statutory authority, each
					 respondent shall be afforded the opportunity for a hearing pursuant to the
					 provisions of the Administrative Procedure Act,
					 52:14B-1 et seq. and 52:14F-1 et
					 seq., and N.J.A.C. 1:1.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 26 - CONTRIBUTION DISCLOSURE BY FOR-PROFIT ENTITIES › Section 19:25-26.9 - Default for failure to answer complaint

Current through Register Vol. 56, No. 14, July 15, 2024
In any penalty proceeding undertaken by the Commission to
					 enforce the provisions of this subchapter, or statutory authority, the
					 Commission may enter a Final Decision, including penalty, against any
					 respondent who fails to file with the Commission a written responsive pleading
					 or answer within 20 days after service on such respondent in conformity with
					 the rules of the New Jersey Office of Administrative Law of a copy of a
					 complaint alleging a specific violation of the law within the Commission's
					 jurisdiction to enforce.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 26 - CONTRIBUTION DISCLOSURE BY FOR-PROFIT ENTITIES › Section 19:25-26.10 - Recordkeeping; period of retention

Current through Register Vol. 56, No. 14, July 15, 2024
All business entities subject to reporting under this
					 subchapter shall make or obtain and maintain all records and documents relating
					 to the annual disclosure statement, so as to provide evidence to support
					 statements in disclosure statements filed with the Commission and to permit an
					 adequate basis for auditing by the Commission. All such records and documents
					 shall be maintained for a period of not less than four years after the date the
					 annual report was filed, or a period of not less than four years after the due
					 date for the annual report, whichever is longer.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 19:30-1.1 - Purpose and objectives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules
				  are established to effectuate, and shall be applied so as to accomplish, the
				  general purposes of "The New Jersey Economic Development Authority Act"
				  (chapter 80, P.L. 1974; C. 34:1B-1 et seq.), and the following specific
				  objectives:
1. To foster and promote the
				  economy of the State;
2. To
				  increase opportunities for gainful employment and to improve living
				  conditions;
3. To assist in the
				  economic development or redevelopment of political subdivisions within the
				  State;
4. To contribute to the
				  prosperity, health and general welfare of the State and its inhabitants by
				  making available financial and other assistance to induce manufacturing,
				  industrial, commercial and other employment-promoting enterprises to locate,
				  remain, or expand within the State; and
5. To protect and enhance the quality of the
				  natural environment.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 19:30-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter
					 and in N.J.A.C. 19:31, shall have the following meanings unless the context
					 clearly indicates otherwise.
"Act" means the New Jersey Economic Development Authority
					 Act (chapter 80, P.L. 1974 ), as amended and supplemented.
"Authority" means the staff of the New Jersey Economic
					 Development Authority.
"Chief Executive Officer" means the Chief Executive
					 Officer of the New Jersey Economic Development Authority.
Words or terms which are defined in the Act are used in
					 this chapter and in N.J.A.C. 19:31 as defined in the Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 19:30-1.3 - Organization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  governing body of the New Jersey Economic Development Authority, in but not of
				  the Department of Treasury, consists of the Chief Executive Officer of the New
				  Jersey Commerce, Economic Growth and Tourism Commission, the Commissioner of
				  Banking and Insurance, the Commissioner of Labor and Workforce Development, the
				  State Treasurer, the Commissioner of Education and eight public members and
				  three alternate members appointed by the Governor (collectively referred to as
				  Members). Two public members and one alternate member are appointed by the
				  Governor upon the advice and recommendation of the Senate President, and two
				  public members and one alternate member are appointed by the Governor upon the
				  recommendation of the Speaker of the General Assembly. A representative of the
				  Economic Recovery Board shall serve as a non-voting member. The Authority is
				  chaired by a public member appointed by the Governor.
(b) The Authority maintains the following
				  functional divisions to administer its programs:
1. The Program Services Division administers
				  the issuance of tax exempt bonds.
i. To
				  manufacturing firms to meet capital financing needs;
ii. For certain exempt activities as defined
				  in the United States Internal Revenue Code;
iii. To benefit certain nonprofit
				  organizations;
iv. To refund
				  eligible projects; and
v. To
				  benefit certain local, county and State governmental units or
				  agencies.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 19:30-1.4 - Public information

Current through Register Vol. 56, No. 14, July 15, 2024
The public may obtain general information concerning
					 Authority programs by submitting a request in writing detailing the specific
					 information desired to the Marketing and Policy Division, New Jersey Economic
					 Development Authority, PO Box 990, Trenton, New Jersey, 08625-0990.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 19:30-1.6 - Petitions for rules

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
					 52:14B-4(f),
					 interested persons may petition the Authority for the promulgation, amendment
					 or repeal of any rule by the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 19:30-1.7 - Procedure for petitioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				  who wishes to petition the Authority to promulgate, amend or repeal a rule must
				  submit to the Chief Executive Officer, in writing and signed by the petitioner,
				  the following information:
1. The full name
				  and address of the petitioner;
2.
				  The substance or nature of the rulemaking which is requested;
3. The reasons for the request and the
				  petitioner's interest in the matter, including any relevant organization,
				  affiliation, or economic interest; and
4. The statutory authority under which the
				  Authority may take the requested action.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 19:30-1.8 - Procedure of the Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt
				  of a petition in compliance with
				  19:30-1.6 and 1.7, the Authority
				  shall file a notice of petition with the Office of Administrative Law for
				  publication in the New Jersey Register, to include:
1. The date the petition was received by the
				  Authority;
2. The name and address
				  of the petitioner;
3. The substance
				  or nature of the rulemaking which is requested; and
4. The problem or purpose behind the
				  request.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 2 - DISQUALIFICATION/ DEBARMENT/ CONFLICT OF INTEREST › Section 19:30-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the
				  purposes of this subchapter, the following words and terms shall have the
				  following meanings.
"Affiliates" means persons having an overt or covert
					 relationship such that any one of them directly or indirectly controls or has
					 the power to control another.
"Authority project contracting" means any arrangement
					 giving rise to an obligation to perform any service in connection with the
					 construction of a project financed with, and paid for in whole or in part with
					 Authority assistance, including the service of architects, engineers and
					 professional planners.
"Debarment" means an exclusion from contracting with the
					 Authority and exclusion from Authority project contracting on the basis of a
					 lack of responsibility evidenced by an offense or inadequacy of performance for
					 a reasonable period of time commensurate with the seriousness of the
					 offense.
"Disqualification" means an exclusion from receiving
					 Authority financial assistance or from being a tenant in an Authority-financed
					 project or Authority-owned project.
"Ethics Liaison Officer" means the Ethics Liaison Officer
					 of the New Jersey Economic Development Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 2 - DISQUALIFICATION/ DEBARMENT/ CONFLICT OF INTEREST › Section 19:30-2.3 - Conditions affecting the disqualification/debarment of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following conditions shall apply concerning disqualification/debarment:
1. The existence of any of the causes set
				  forth in 19:30-2.2(a) 
				  shall not necessarily require that a person be disqualified/debarred. In each
				  instance, the decision to disqualify/debar shall be made within the discretion
				  of the Authority unless otherwise required by law, and shall be rendered in the
				  best interests of the Authority.
2.
				  All mitigating factors shall be considered in determining the seriousness of
				  the offense or inadequacy of performance, and in deciding whether
				  disqualification/debarment is warranted.
3. The existence of a cause set forth in
				  19:30-2.2(a)1 
				  through 8 shall be established upon the rendering of a final judgment or
				  conviction including a guilty plea or a plea of nolo contendere by a court of
				  competent jurisdiction or by an administrative agency empowered to render such
				  judgment. In the event an appeal taken from such judgment or conviction results
				  in reversal thereof, the disqualification/debarment shall be removed upon the
				  request of the disqualified/debarred person unless other cause for
				  disqualification/debarment exists.
4. The existence of a cause set forth in
				  19:30-2.2(a)9 
				  and 11 shall be established by evidence which the Authority determines to be
				  clear and convincing in nature.
5.
				  Debarment for the cause set forth in
				  19:30-2.2(a)10 
				  shall be proper, provided that one of the causes set forth in
				  19:30-2.2(a)1 
				  through 8 was the basis for debarment by the original debarring agency. Such
				  debarment may be based entirely on the record of facts obtained by the original
				  debarring agency, or upon a combination of such facts and additional
				  facts.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 2 - DISQUALIFICATION/ DEBARMENT/ CONFLICT OF INTEREST › Section 19:30-2.4 - Procedures; period of disqualification/debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				  Authority seeks to disqualify/debar a person or his affiliates, the person or
				  persons shall be furnished with a written notice stating that:
1. Disqualification/debarment is being
				  considered;
2. The reasons for the
				  proposed disqualification/debarment; and
3. An opportunity for a hearing will be
				  afforded to such person or persons if the hearing is requested in writing and
				  the request is received by the Authority within seven days from the date of
				  personal delivery or the date of receipt of the mailing of such
				  disqualification/debarment notice.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 2 - DISQUALIFICATION/ DEBARMENT/ CONFLICT OF INTEREST › Section 19:30-2.5 - Notice to Attorney General and Treasurer

Current through Register Vol. 56, No. 14, July 15, 2024
Insofar as practicable, prior notice of any proposed
					 debarment shall be given to the Attorney General and the State Treasurer. The
					 Authority shall supply to the State Treasurer a list of all persons having been
					 debarred in accordance with the procedures prescribed herein.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 2 - DISQUALIFICATION/ DEBARMENT/ CONFLICT OF INTEREST › Section 19:30-2.6 - Authority discretion

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained in this subchapter is intended to limit
					 the discretion of the Authority or the members in determining eligibility for
					 financial assistance or eligibility of tenants, or in refraining from
					 contracting with any person. The purpose of this subchapter is to provide
					 notice of certain offenses or failures which may result in disqualification for
					 assistance or debarment. Project applicants, tenants, and contractors must meet
					 any other applicable standards and policies.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 2 - DISQUALIFICATION/ DEBARMENT/ CONFLICT OF INTEREST › Section 19:30-2.7 - Chief Executive Officer to implement regulation

Current through Register Vol. 56, No. 14, July 15, 2024
The Chief Executive Officer is authorized to take all
					 necessary action to implement and administer the provisions of this
					 subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 3 - AFFIRMATIVE ACTION IN AUTHORITY-FINANCED CONSTRUCTION PROJECTS › Section 19:30-3.2 - Affirmative Action program for recipients of Authority financial assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority will maintain and administer an Affirmative Action Program for the
				  hiring of minority and women workers employed in the performance of
				  construction contracts undertaken in connection with any project that receives
				  Authority financial assistance or undertaken to fulfill any condition of
				  receiving Authority financial assistance including the performance of any
				  contract to construct, renovate or otherwise prepare a facility for operations
				  which are necessary for the receipt of Authority financial
				  assistance.
(b) This section
				  prescribes procedures designed to eliminate unproductive administrative
				  paperwork, red-tape and delays.
(c)
				  A summary of the Authority's compliance requirements concerning affirmative
				  action and all corresponding report forms and guidance documents can be found
				  on the Authority's Internet webpage at:
www.njeda.com/affirmativeaction
.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 3 - AFFIRMATIVE ACTION IN AUTHORITY-FINANCED CONSTRUCTION PROJECTS › Section 19:30-3.3 - Application of affirmative action regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				  contractor or subcontractor involved in a construction contract for a project
				  that has received Authority financial assistance or for a project undertaken to
				  fulfill any condition of receiving Authority financial assistance, including
				  the performance of any contract to construct, renovate or otherwise prepare a
				  facility for operations which are necessary for the receipt of Authority
				  financial assistance, is required to undertake a program that is designed to
				  employ minority and women workers in accordance with the hiring goals
				  established by the Office of Affirmative Action of Contract Compliance and
				  Equal Opportunity in Public Contracts, New Jersey Department of Treasury unless
				  specifically exempted by
				  19:30-3.4.
(b) The project owner/applicant shall be
				  responsible for the performance of its contractors under this
				  subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 3 - AFFIRMATIVE ACTION IN AUTHORITY-FINANCED CONSTRUCTION PROJECTS › Section 19:30-3.4 - Exemptions of Authority affirmative action regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  performance of construction contracts undertaken in connection with any project
				  that receives Authority financial assistance or undertaken to fulfill any
				  condition of receiving Authority financial assistance including the performance
				  of any contract to construct, renovate or otherwise prepare a facility for
				  operations which are necessary for the receipt of Authority financial
				  assistance, are subject to the requirements of this subchapter, unless the work
				  being performed under the contract is:
1.
				  Performed on a facility owned by a landlord of the entity receiving the
				  Authority financial assistance;
2.
				  The landlord is a party to the construction contract(s); and
3. Less than 55 percent of the facility is
				  leased by the entity at the time of the construction contract(s) and under any
				  agreement to subsequently lease the facility.