reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 43 - OFFSET OF STATE LOTTERY PRIZES TO SATISFY DEFAULTED FEDERAL AND STATE STUDENT LOANS › Subchapter 1 - GENERAL PROVISIONS › Section 17:43-1.7 - Right to hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				whose lottery prize has been withheld pursuant to
				P.L.
				1997, c. 306, may
				request a hearing by serving a written request on the Higher Education Student
				Assistance Authority (HESAA) within 14 days of the date of the notice of match
				described in
				17:43-1.5. However, if a person is
				subject to a judgment by HESAA on account of a defaulted student loan,
				17:43-1.8, and not this section,
				shall apply.
(b) When the debtor
				makes a timely request for a hearing in a case where HESAA is seeking to
				collect on a defaulted student loan(s), HESAA shall conduct an administrative
				review on the existence or amount of the debt.
(c) If the matter cannot be resolved through
				administrative review, the matter shall be filed forthwith with the Clerk of
				the Office of Administrative Law for a contested case hearing pursuant to the
				Administrative Procedure Act,
				52:14B-1 et seq., and 52:14F-1 et
				seq. The Office of Administrative Law shall recommend a decision to HESAA
				within 45 days of the closing of the record on the case, in accordance with
				52:14B-10.
(d) If a debtor disagrees with the final
				agency decision made by HESAA following a contested case hearing, and wishes to
				appeal that decision, the debtor may appeal to the Appellate Division of the
				Superior Court of New Jersey within the period established by New Jersey Court
				Rule 2:4.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 43 - OFFSET OF STATE LOTTERY PRIZES TO SATISFY DEFAULTED FEDERAL AND STATE STUDENT LOANS › Subchapter 1 - GENERAL PROVISIONS › Section 17:43-1.8 - Defaulted loan subject to agency judgment

Current through Register Vol. 56, No. 14, July 15, 2024
If there is a judgment against the debtor in a case where
				  the Higher Education Student Assistance Authority (HESAA) is seeking to collect
				  on a defaulted student loan(s), the debtor wishing to contest the application
				  of lottery prize winnings toward student loan debt must seek relief in the
				  court where judgment was entered. If there is an appeal of that judgment, HESAA
				  shall notify the Division of State Lottery and the Department of the Treasury
				  within three days of the date of service of such appeal to maintain the account
				  on hold status until the matter is resolved.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 43 - OFFSET OF STATE LOTTERY PRIZES TO SATISFY DEFAULTED FEDERAL AND STATE STUDENT LOANS › Subchapter 1 - GENERAL PROVISIONS › Section 17:43-1.9 - Transmission of prize offset to HESAA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon either
				final determination on the existence or amount of the debt, or upon the
				debtor's default for failure to make a timely request for review of the
				asserted setoff, or upon partial payment of the outstanding debt, the Higher
				Education Student Assistance Authority (HESAA) shall forthwith notify the
				Department of the Treasury (Treasury) and the Division of State Lottery
				(Lottery), following which the amounts withheld from distribution, up to the
				amount owed, shall be transmitted to HESAA.
(b) Where judicial review is sought from the
				final agency decision, HESAA shall advise Treasury and Lottery of such appeal
				within three days of the date of service of the request for judicial review.
				Upon resolution of judicial review (including any appeal which may be taken)
				like notice shall be provided by HESAA to Treasury and Lottery.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 43 - OFFSET OF STATE LOTTERY PRIZES TO SATISFY DEFAULTED FEDERAL AND STATE STUDENT LOANS › Subchapter 1 - GENERAL PROVISIONS › Section 17:43-1.10 - Notice and disbursement of prize after setoff

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the finalization of setoff through administrative or
				  judicial action, the Higher Education Student Assistance Authority shall notify
				  the debtor in writing of the action and of any outstanding balance remaining
				  due after the setoff. If there is an outstanding prize balance remaining after
				  the setoff, it shall be disbursed by the Department of the Treasury to the
				  debtor.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 43 - OFFSET OF STATE LOTTERY PRIZES TO SATISFY DEFAULTED FEDERAL AND STATE STUDENT LOANS › Subchapter 1 - GENERAL PROVISIONS › Section 17:43-1.11 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
Apart from notice to affected individuals and to the Higher
				  Education Student Assistance Authority for purposes of administrative review,
				  personally identifiable information compiled under this chapter regarding any
				  person shall be confidential and shall not be disseminated or used for any
				  purpose other than as set forth in
				  P.L.
				  1997, c. 306, and this
				  chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 1 - OFFICE OF THE STATE COMPTROLLER › Section 17:44-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in
				this chapter set forth the organization and function of OSC, explain the audit
				process and specify the documents and information required of contracting units
				subject to contract review.
(b) The
				provisions of this chapter apply to all covered entities and contracting units
				as defined in
				17:44-1.2.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 1 - OFFICE OF THE STATE COMPTROLLER › Section 17:44-1.3 - Independent Office of the State Comptroller

Current through Register Vol. 56, No. 14, July 15, 2024
(a) OSC is in, but
				not of, the New Jersey Department of the Treasury. As such, it operates as an
				independent Office that promotes the integrity and transparency of government
				operations by, among other things, reviewing public contracts and conducting
				independent audits of covered entities in accordance with Generally Accepted
				Government Auditing Standards.
(b)
				The State Comptroller is the administrator of OSC and is appointed by the
				Governor, with the advice and consent of the Senate.
(c) OSC coordinates audit functions,
				investigations and performance reviews with the following entities: Department
				of Law and Public Safety, Department of Education, Department of the Treasury,
				Department of Transportation, Division of Local Government Services in the
				Department of Community Affairs, Local Finance Board and Office of the State
				Auditor.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 1 - OFFICE OF THE STATE COMPTROLLER › Section 17:44-1.4 - Establishment and functions of the Audit Division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There is
				established within OSC an Audit Division. The Audit Division, among other
				functions, conducts research and performs preliminary evaluations which may
				lead to recommendations regarding the need for an audit; conducts performance
				audits of the Executive Branch of State government, including all entities
				exercising executive branch authority, public institutions of higher education
				and independent State authorities; and conducts performance audits of local
				government units and boards of education.
(b) The Audit Division conducts audits that
				assess the performance and management of the programs of covered entities. The
				Audit Division also provides guidance concerning the procurement of auditors by
				covered entities.
(c) OSC is a
				recognized sponsor of continuing professional education by the National
				Registry of Continuing Professional Education Sponsors and provides training
				through in-house programs and outside conferences in accord with the Generally
				Accepted Government Auditing Standards promulgated by the U.S. Government
				Accountability Office. OSC training qualifies toward auditors' bi-annual
				mandatory 80 hours of continuing professional education credits.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 1 - OFFICE OF THE STATE COMPTROLLER › Section 17:44-1.5 - Establishment and functions of the Procurement Division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There is
				established within OSC a Procurement Division. The Procurement Division
				monitors and reviews the solicitation and award process for contracts under
				OSC's jurisdiction to ensure that those processes comply with applicable public
				contracting laws, rules, regulations and policies. The Procurement Division
				provides guidance, in the context of its reviews, to contracting units
				regarding appropriate procurement processes.
(b) In response to specific complaints, audit
				referrals or contract reviews, OSC may investigate to gather additional
				information regarding the procurement process, contract award process and
				financial management and performance of contracting units.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 2 - AUDIT DIVISION › Section 17:44-2.1 - Timely notice of certain audits required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Covered
				entities shall provide OSC with copies of their periodic financial audits upon
				their receipt.
(b) State officials,
				including the Commissioner of Education and the Director of the Division of
				Local Government Services in the Department of Community Affairs, shall notify
				OSC of any local audits submitted to their agencies that reveal significant
				deficiencies as determined in the audits as required by
				52:15C-9.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 2 - AUDIT DIVISION › Section 17:44-2.2 - Authority to audit or review contract records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Relevant
				records of private vendors or other persons entering into contracts with
				covered entities are subject to audit or review by OSC pursuant to
				52:15C-14(d).
(b) As of November 15, 2010, all covered
				entities shall insert the following language in any new contract:
"(The contract partner) shall maintain all documentation
				  related to products, transactions or services under this contract for a period
				  of five years from the date of final payment. Such records shall be made
				  available to the New Jersey Office of the State Comptroller upon request."
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 2 - AUDIT DIVISION › Section 17:44-2.3 - Requirements for record retention and production

Current through Register Vol. 56, No. 14, July 15, 2024
Where applicable, all covered entities shall comply with
				  record retention schedules as established by the State Records Committee
				  pursuant to the Public Records Law,
				  47:3-20 et seq. If a covered
				  entity is not subject to
				  47:3-20 et seq., then relevant
				  records shall be maintained for a period of no less than five years after
				  contract completion. When requested, any covered entity shall produce any
				  record for audit or review by OSC.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 2 - AUDIT DIVISION › Section 17:44-2.4 - Criteria for audit determination

Current through Register Vol. 56, No. 14, July 15, 2024
OSC determines the frequency with which performance audits
				  shall be conducted of covered entities through the analysis of objective
				  criteria as set forth in
				  52:15C-8(c).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 2 - AUDIT DIVISION › Section 17:44-2.5 - Audit standards

Current through Register Vol. 56, No. 14, July 15, 2024
OSC audits are conducted in accordance with Generally
				  Accepted Government Auditing Standards issued by the U.S. Government
				  Accountability Office.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 2 - AUDIT DIVISION › Section 17:44-2.6 - Audit process

Current through Register Vol. 56, No. 14, July 15, 2024
The audit process typically includes an opening conference,
				  an audit survey, field work, review of preliminary findings with the covered
				  entity's officials, an exit conference and the issuance of the audit report.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 2 - AUDIT DIVISION › Section 17:44-2.7 - Audit reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The head of the
				audited covered entity is provided a draft audit report for their formal
				response. If it chooses to do so, the audited covered entity may respond
				formally with its official position concerning the audit findings and
				recommendations. This response is typically included as an appendix to the
				final audit report.
(b) Final audit
				reports are public documents and are posted on OSC's website. Final audit
				reports are issued to the Governor, the President of the Senate and the Speaker
				of the General Assembly.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 2 - AUDIT DIVISION › Section 17:44-2.8 - Corrective action plan and monitoring of covered entities post-audit

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Following the distribution of the final audit report, the head of the audited
				covered entity shall report to OSC within 90 days stating the corrective action
				taken or underway to implement the recommendations contained in the report and,
				when not implemented, the reason therefor. The Audit Division may follow up to
				review the implementation of the corrective action plans.
(b) OSC shall report to the Governor if a
				covered entity refuses to cooperate in proposing corrective action or fails to
				comply with a recommended corrective action plan. The Governor may withhold
				State funding to the covered entity or take other appropriate steps pursuant to
				52:15C-11(d).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 3 - PROCUREMENT DIVISION › Section 17:44-3.1 - Timely notice of certain contracts required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contracting
				units shall notify the Procurement Division of the award of contracts valued at
				more than $ 2 million but less than $ 10 million no later than 20 business days
				after the contract award. The form for notice is provided on OSC's website at
www.state.nj.us/comptroller
.
(b) Contracting units shall notify the
				Procurement Division of anticipated contracts valued at $ 10 million or more
				during the initial planning stages of the procurement process and before the
				contracting unit begins to draft the solicitation, request for proposals,
				concession offering, proposal to purchase, sell or lease real estate or similar
				contract-related documents, and in no event less than 30 days prior to any
				advertisement, negotiation or other solicitation.
(c) For procurements valued at $ 10 million
				or more, OSC's 30-day review period commences when the contracting unit
				provides or otherwise makes available all requested documents and information
				as prescribed in
				17:44-3.4. The form for notice is
				provided on OSC's website at
www.state.nj.us/comptroller
.
(d) For procurements in which multiple
				contracting units are involved, such as joint or cooperative agreements for
				goods or services pursuant to
				40A:11-10 et seq., the
				contracting units shall designate an individual to represent all of the
				contracting units involved. The designated individual shall notify the
				Procurement Division of the procurement and provide all necessary documents and
				information.
(e) Contracting units
				shall provide the required documents and information electronically, if
				possible, to
mailto:contracts@osc.state.nj.us
or via mail to State of New Jersey, Office of the State Comptroller, 20 West
				State Street, P.O. Box 024, Trenton New Jersey 08625-0024. If documents are too
				large to send electronically or via mail, contracting units may provide the
				staff of the Procurement Division with the location at which the documents may
				be inspected.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 3 - PROCUREMENT DIVISION › Section 17:44-3.2 - Process by which contracting units shall determine the value of contracts; notice required when the value of contract changes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the exact
				value of a contract is uncertain, contracting units shall act in good faith to
				ascertain an estimated value using the following guidelines:
1. The individual(s) responsible for the
				procurement shall use professional judgment based on, but not limited to, prior
				procurements made by the contracting unit for similar goods or
				services.
2. The contract value is
				calculated as a whole, that is, the number of years times the yearly amount.
				Although potential contract extensions are not included in calculating the
				contract value at the time of estimating total contract value or at the time of
				the award, if an extension itself exceeds $ 2 million, then notice is required
				at the time of extension.
3. Notice
				is required for change orders if the value of the particular change order
				exceeds $ 2 million.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 3 - PROCUREMENT DIVISION › Section 17:44-3.3 - Documents and information required for contracts valued at more than $ 2 million but less than $ 10 million

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contracting
				units shall notify the Procurement Division of contracts valued at more than $
				2 million but less than $ 10 million no later than 20 business days after the
				contract award. The form for notice is provided on OSC's website at
www.state.nj.us/comptroller
.
				The following documents and information shall be required:
1. The name of the contracting unit and the
				contract number, if applicable;
2.
				A description of the goods, services or other subject procured;
3. The cost of the goods, services or other
				subject procured;
4. The source(s)
				of funding for the contract;
5. A
				list of all State and Federal grant funds used for the contract and a brief
				description of any conditions and/or requirements of the grant funds, if
				applicable;
6. A description of the
				procurement process utilized to select the contract partner;
7. Citations to all relevant statutory,
				administrative and other sources of governing law and internal procurement
				policies;
8. The name and address
				of the contract partner awarded the contract and a brief justification for the
				award; and
9. The name, phone
				number and e-mail address of the employee of the contracting unit capable of
				responding to questions pertaining to the contract.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 3 - PROCUREMENT DIVISION › Section 17:44-3.4 - Documents and information required for contracts valued at $ 10 million or more

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contracting
				units shall notify the Procurement Division of contracts valued at $ 10 million
				or more at least 30 days prior to any advertisement, negotiation or
				solicitation. The form for notice is provided on OSC's website at
www.state.nj.us/comptroller
.
				The following documents and information shall be required:
1. The name of the contracting unit and
				contract number, if applicable;
2.
				A description of the goods, services or other subject to be procured;
3. The estimated cost of the goods, services
				or other subject to be procured and any documents evidencing how the estimated
				cost was obtained, such as a construction cost estimate or other cost
				analysis;
4. The estimated date of
				advertisement, negotiation or other solicitation;
5. The source(s) of funding for the
				contract;
6. A list of all State
				and Federal grant funds to be used for the contract and a brief description of
				any conditions and/or requirements of the grant funds, if applicable;
7. A description of the procurement process
				to be utilized to select the contract partner;
8. Citations to all relevant statutory,
				administrative and other sources of governing law and internal procurement
				policies;
9. A copy of the draft
				procurement documents such as the solicitation or request for proposals and any
				subsequent addenda or clarification that would change the bid or award
				process;
10. Any documents
				explaining and approving a waiver from bidding requirements and documents
				explaining and approving the use of proprietary items;
11. Standard specifications, special terms
				and conditions and standard terms and conditions, for example, affidavits and
				affirmative action documents; technical specifications only when specifically
				requested by OSC; and
12. The name,
				phone number and e-mail address of the employee of the contracting unit capable
				of responding to questions pertaining to the contract.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 3 - PROCUREMENT DIVISION › Section 17:44-3.5 - Process by which contracting units may request a waiver of the 30-day review period and OSC response

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contracting
				units seeking to proceed with an advertisement before the expiration of the
				30-day review period shall request a waiver of the time period in writing. Such
				contracting units shall provide any information required in
				17:44-3.4 at the time the waiver
				is requested and the reason for the waiver request. Other documents shall be
				supplied as requested.
(b)
				Contracting units shall notify OSC of any subsequent addendum or clarification
				which would change the bid or award process from the process set forth in the
				documents presented to OSC in support of any waiver request, even if a waiver
				has been granted.
(c) OSC shall
				respond to waiver requests in writing.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 3 - PROCUREMENT DIVISION › Section 17:44-3.6 - Notice, documents and information required of State agencies that procure through the Department of the Treasury, Division of Purchase and Property (DPP)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				procurements valued at $ 10 million or more, State agencies that procure
				through the Department of the Treasury, Division of Purchase and Property (DPP)
				shall notify the Procurement Division in writing that they intend to send a
				request for procurement to DPP as soon as the agency begins preparing
				specifications or a request for proposals.
(b) DPP shall submit a notice of the planned
				procurement to the Procurement Division at least 30 days before advertising in
				accordance with
				17:44-3.4.
(c) The Procurement Division shall notify
				both DPP and the applicable State agency if the proposed procurement is
				irregular and the advertisement cannot proceed.
(d) For contracts valued at more than $ 2
				million but less than $ 10 million, DPP shall notify the Procurement Division
				no later than 20 business days after the contract award in accordance with
				17:44-3.3.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 3 - PROCUREMENT DIVISION › Section 17:44-3.7 - Notice, documents, and information required for renewals of third-party contracts valued at $ 10 million or more

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For renewals
				of third-party contracts valued at $ 10 million or more, notice shall be
				provided by the contracting unit to the Procurement Division no later than 60
				days prior to the annual renewal date. Notice shall include the following:
1. A determination in accord with the
				contracting unit's guidelines that the vendor has performed in a satisfactory
				manner;
2. All information supplied
				by the vendor related to contract renewal;
3. A comparison of the contract terms for the
				renewal year and the prior year; and
4. A copy of the original contract, if
				available. If the original contract is not available, provide a brief, written
				history of the contract.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 3 - PROCUREMENT DIVISION › Section 17:44-3.8 - Additional documents and information required for cooperative purchasing, sole source provider or proprietary, emergency and professional services contracts valued at more than $ 2 million

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contracting
				units that plan to enter into, or have entered into, a cooperative purchasing
				agreement valued at more than $ 2 million shall submit an award recommendation
				or briefly explain the reasons for using cooperative purchasing and provide
				documents evidencing any cost analysis conducted. Governments using the
				cooperative purchasing requirements of a state contract need not provide such
				information.
(b) Contracting units
				that plan to enter into, or have entered into, a sole source provider contract
				or proprietary contract valued at more than $ 2 million shall provide documents
				evidencing the justification for the award including an explanation addressing
				the lack of other vendors that can provide comparable products or services, any
				resolution of the governing body authorizing the use of proprietary goods and
				any completed waiver documentation. When determining if goods or services are
				sole source, contracting units shall abide by existing laws and rules limiting
				the use of the sole source exception, such as
				5:34-2.2. Contracting units using a
				waiver from public bidding for contracts valued at $ 10 million or more shall
				provide OSC with a copy of the waiver or resolution prior to contract award or
				execution.
(c) Contracting units
				that have entered into emergency contracts valued at more than $ 2 million
				shall provide a brief explanation as to why the procurement was classified as
				an emergency, any related resolution from the governing body and any completed
				waiver.
(d) In any type of
				procurement for which an evaluation committee is appointed, including
				procurements for professional services and procurements using competitive
				contracting, a contracting unit shall maintain the list of persons
				participating on the evaluation committee, each person's qualifications,
				original documents evidencing the scoring by the evaluation committee, the
				committee's evaluation of the successful and unsuccessful vendors and any award
				recommendation. OSC may request such documents following award notice.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 3 - PROCUREMENT DIVISION › Section 17:44-3.9 - Confidentiality of documents and information submitted for contract review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information
				communicated for notice and review by or between contracting units and OSC is
				considered advisory, consultative or deliberative material for purposes of the
				Open Public Records Act,
				47:1A-1 et seq., as amended and
				supplemented.
(b) Pursuant to
				N.J.S.A. 52:15C-10b(5), the Procurement Division may, within its discretion and
				after notifying the contracting unit, determine that information submitted for
				contract review should be part of a written determination designated as a
				public record for reasons of transparency, providing guidance or other public
				purpose.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 3 - PROCUREMENT DIVISION › Section 17:44-3.10 - Requirements for record retention and production

Current through Register Vol. 56, No. 14, July 15, 2024
Where applicable, all contracting units shall comply with
				  record retention schedules as established by the State Records Committee
				  pursuant to the Public Records Law,
				  47:3-20 et seq. If a contracting
				  unit is not subject to
				  47:3-20 et seq., then relevant
				  records shall be maintained for a period of no less than five years after
				  contract completion. When requested, any contracting unit shall produce any
				  record for audit or review by OSC.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 3 - PROCUREMENT DIVISION › Section 17:44-3.11 - Completion of the contract review process and notification of any deficiencies found in procurement process or contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For contracts
				valued at $ 10 million or more, the Procurement Division shall notify the
				contracting unit in writing if the proposed procurement process is irregular
				and the advertisement cannot proceed.
(b) For contracts valued at more than $ 2
				million but less than $ 10 million of which OSC was notified post-award, the
				Procurement Division may provide information to the contracting unit on ways in
				which the procurement process or contract award process could be improved and
				any deficiencies cured, or take other appropriate action.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 46 - DEVELOPMENT OF MINORITY AND WOMEN'S BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:46-1.1 - Application and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				is promulgated by the Department of the Treasury to implement the Unified
				Certification Act (the Act), P.L. 1986, c. 195, and Executive Order No. 34
				(2006). The Act establishes a unified procedure for the certification of
				minority businesses and women's businesses that are seeking to qualify for
				certain government programs and/or do business with casino licensees pursuant
				to P.L. 1987, c. 137. The Act also allows the Department of the Treasury to
				certify minority and women's businesses for purposes other than qualifying for
				certain government programs and doing business with casino licensees pursuant
				to P.L.
				2003, c. 189, such as
				programs and initiatives that are designed to ensure equal opportunity for
				minority and women's businesses to participate in State purchasing and
				procurement processes. Executive Order No. 34 (2006) established the Division
				of Minority and Women Business Development to administer and monitor policies,
				practices, and programs, for which minority and women's businesses may be
				certified, which will further the State's efforts to ensure equal opportunity
				for minority and women's businesses to participate in State purchasing and
				procurement processes.
(b) Under
				P.L.
				2008, c. 27, the New
				Jersey Commerce Commission was abolished, and the responsibilities of the unit
				that administered the certification program were transferred to the Department
				of the Treasury to be administered within that department as the Treasurer so
				determined. The State Treasurer has determined to administer those
				responsibilities through the Division of Revenue and Enterprise
				Services.
(c) Applications and
				questions regarding certification of minority and women's businesses should be
				addressed to the New Jersey Division of Revenue and Enterprise Services at the
				contact address listed on its website at
www.nj.gov/njbgs
.
(d) The Act applies to every minority and
				women's business that wishes to do business with any department or agency of
				the State of New Jersey that has specific programs requiring certification of
				authenticity of ownership for minority and women's businesses and for
				businesses wishing to do business with casino licensees pursuant to P.L. 1987,
				c. 137.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 46 - DEVELOPMENT OF MINORITY AND WOMEN'S BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:46-1.4 - Certification procedures for minority businesses and women's businesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Provisional applications. Pursuant to
				P.L.
				2003, c. 189, the
				documentation required for first-time applicants seeking certification may be
				abbreviated. The documentation requirements in this subsection only apply to
				first-time applicants for certification.
1. A
				first-time applicant for certification as a minority business or women's
				business must submit documentation necessary to determine the applicant's
				eligibility for certification.
2.
				The Division shall prepare a New Jersey Uniform Certification Application. The
				application shall be an online application available from the Division website.
				A business seeking to be certified as a minority business and/or women's
				business must be registered to do business in New Jersey at
http://www.state.nj.us/treasury/revenue/gettingregistered.shtml
.
3. The information submitted in support of an
				application shall include, but not be limited to:
i. The names and addresses of the owner,
				partners, or shareholders, as applicable, and their representative shares of
				ownership;
ii. The names and
				addresses of members of the board of directors, in the case of
				corporations;
iii. The names and
				addresses of the officers of the business;
iv. The number of shares of stock issued and
				outstanding, in the case of a corporation;
v. The articles of incorporation, bylaws,
				partnership agreements, or joint venture agreements, as applicable;
vi. Organizational charts;
vii. An applicant's certificate of birth, or
				motor vehicle driver's license, passport, or other acceptable form of
				identification; and
viii. An
				affidavit, signed by the individual seeking certification, certifying that the
				applicant is a minority business or women's business, as defined pursuant to
				section
				2 of P.L. 1986, c. 195 (N.J.S.A.
				52:27H-21.18).
4. A first time applicant's certification
				shall be provisional and shall be operative for one year from the date of
				application and upon the payment of a non-refundable $ 100.00 application fee.
				This fee may be waived on a program wide basis by the State
				Treasurer.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 46 - DEVELOPMENT OF MINORITY AND WOMEN'S BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:46-1.5 - Acceptance as a certified minority business or women's business

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				When a business is determined by the Division to be a minority and/or women's
				business, the business will be added to the State's SAVI database. Each
				business shall be placed on the database denoting its status as a minority
				and/or women's business.
(b) When a
				business is placed on the SAVI, that business shall be eligible for all
				appropriate State programs and initiatives that are designed to ensure equal
				opportunity for minority and women's businesses to participate in State
				purchasing and procurement processes. Once a business is placed on the
				database, it cannot be denied an opportunity to participate in the various
				State programs until it is removed from the database.
(c) When a business is placed on the SAVI, it
				shall be informed by the Division of its certification status. The Division
				shall also issue an individual certification number exclusive to the business
				as part of the certification procedure.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 46 - DEVELOPMENT OF MINORITY AND WOMEN'S BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:46-1.6 - Time for application to be certified as a minority and/or women's business

Current through Register Vol. 56, No. 14, July 15, 2024
A business may apply to be certified by the Division at any
				  time, unless restricted pursuant to this chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 46 - DEVELOPMENT OF MINORITY AND WOMEN'S BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:46-1.7 - Right of withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant for the State of New Jersey Unified
				  Certification Program may request in writing, to the Director, that its
				  application be withdrawn. Such withdrawal will not be prejudicial to any
				  subsequent application. An applicant may reapply not sooner than 90 calendar
				  days following the date of withdrawal, but not more than three times in a
				  calendar year. An applicant may withdraw once during a 12-month
				  period.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 46 - DEVELOPMENT OF MINORITY AND WOMEN'S BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:46-1.8 - Denial of initial certification and revocation of certification for reasons other than a challenge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				may deny or revoke a certification as a minority or women's business it has
				determined that:
1. The applicant has failed
				to meet certification criteria;
2.
				The business has ceased to meet certification criteria;
3. The applicant has not timely renewed its
				certification; or
4. The applicant
				has knowingly provided incorrect or false information.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 46 - DEVELOPMENT OF MINORITY AND WOMEN'S BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:46-1.10 - Obligations to provide information; penalties for failure to provide complete and accurate information; information and hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Applicants for certification under this chapter shall accurately and honestly
				supply all information required by the Division.
(b) Any business certified by the Division as
				a minority and/or women's business shall immediately apprise the Division of
				any circumstances that in any way affect the ownership composition of the
				business, or the control over the business, or otherwise affect the eligibility
				of the business under this chapter.
(c) The failure of a business to report any
				such changed circumstances, or the intentional falsification, shall disqualify
				the business for inclusion on any electronic database under this chapter and
				may subject the business to other sanctions provided for by other State
				agencies or departments, the Attorney General, or other enforcement
				agencies.
(d) When the Division
				determines that a business has been certified as a minority and/or women's
				business on the basis of false information knowingly supplied, the Division
				shall provide notice, including notice of the proposed penalties.
(e) The certificate holder shall have 10 days
				to file a notice of appeal with the Director. The notice of appeal shall
				provide the specific grounds for appealing the determination, including all
				relevant documentation.
(f) Receipt
				of a proper appeal will constitute a contested case, eligible for hearing
				pursuant to
				N.J.S.A.
				52:14B-1et seq., and 52:14F-1 et seq., and
				N.J.A.C. 1:1.
(g) The Director may
				impose both financial penalties and periods of ineligibility upon the business,
				including:
1. Assessment of a penalty in the
				amount of not more than 10 percent of the total dollar amount of all contracts
				and/or purchases awarded by the State and any of its instrumentalities to that
				business in reliance on its representation of ownership and/or control, for the
				duration of the period of the misrepresentation; or
2. Revocation of the certification of the
				business and removal of the business from SAVI.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 46 - DEVELOPMENT OF MINORITY AND WOMEN'S BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:46-1.11 - Certification reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				may form reciprocal agreements with, or accept certifications by, other public
				and private certifying entities, to facilitate minority business and women's
				business development and growth.
(b) All reciprocal agreements must provide
				that the quality of the program of the other certifying agency is the relative
				equal of the Division's program.
(c) Documentation from the reciprocal agency
				showing certification shall be provided.
(d) In the event that the Division forms
				reciprocal agreements with, or accepts certifications by, other public and or
				private certifying entities, it shall post information on its website including
				the names of the entities, the effective date of accepting certifications by
				other entities, and links to such entities.
(e) The Division shall accept as sufficient,
				a Disadvantaged Business Enterprise (DBE) certification, pursuant to
				P.L.
				114-94 (December 4, 2015), afforded by an agency
				or instrumentality of the State.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 46 - DEVELOPMENT OF MINORITY AND WOMEN'S BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:46-1.12 - Information confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All information
				and documents submitted to the Division as part of the certification
				application shall be deemed confidential and not subject to disclosure, unless
				required or allowed by applicable Federal and State law. Information required
				to be disclosed for purposes of inclusion in the SAVI database is not deemed
				confidential.
(b) Any records and
				files that the Division of Taxation treats as confidential pursuant to N.J.S.
				A. 54:50-8 shall be subject to the same standards of confidentiality for
				purposes of the certifications addressed by this chapter.
(c) Information and documents provided to the
				Division may be made available, subject to confidentiality limitations, under
				the Open Public Records Act (OPRA),
				N.J.S.A.
				47:1A-1et seq., where required during a
				challenge or appeal proceeding under this subchapter.
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 17:47-1.1 - Application and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter is promulgated by the Department of the Treasury to establish the
				procedures for the certification program set forth and directed by Executive
				Order No. 295 (2022) (EO 295). EO 295 calls for the establishment of a
				procedure for the certification of LGBTQ+ businesses.
(b) Applications and questions regarding
				certification of LGBTQ+ businesses should be addressed to the New Jersey
				Division of Revenue and Enterprise Services, at the contact address listed on
				its website at
www.nj.gov/njbgs
.
(c) EO 295 applies to every LGBTQ+ business
				that wishes to participate in the certification program.
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 17:47-1.3 - Standards of certification for LGBTQ+ businesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A business may be eligible to be
				certified as an LGBTQ+ business, as set forth in this section.
(b) In order to be eligible as an LGBTQ+
				business, a business must be a sole proprietorship, partnership, joint venture,
				corporation, or other business entity authorized pursuant to the laws of the
				United States, which is at least 51 percent owned, operated, and controlled by
				persons who identify as LGBTQ+.
(c)
				In order to be eligible to be certified, an LGBTQ+ business must be
				independently owned, operated, and controlled and can demonstrate the ability
				to be considered a "going concern," as the business has sufficient resources
				needed to continue operating indefinitely by normal industry standards. A
				business shall meet the following standards to be certified as an LGBTQ+
				business:
1. Ownership. A business shall be
				deemed to be independently owned, operated, and controlled, if its management,
				as specified in its certification application, is responsible for both its
				daily and longterm operation, and that management owns at least 51 percent
				interest in the business and consists of individuals who identify as LGBTQ+.
				The ownership and control by members of the LGBTQ+ community shall be real,
				substantial, and continuing, demonstrating authority over the affairs of the
				business, and shall go beyond the pro forma ownership of the business as,
				reflected in its ownership documents.
2. Business Entity. Recognition of the
				business as a separate entity for tax or corporate purposes is not necessarily
				sufficient for recognition as an LGBTQ+ business. In determining whether a
				potential LGBTQ+ business is an independent business, all relevant factors
				shall be considered, including the date the business was established and the
				degree to which financial, equipment leasing, and other relationships with
				non-LGBTQ+ businesses vary from industry practice.
3. Licensing. When a professional or
				occupational license or certification is required by Federal or State law to
				perform the primary business operations of the applicant business, and the
				LGBTQ+ business does not possess the applicable license or certification, the
				LGBTQ+ owner shall demonstrate competence in the affairs of the business, in
				order to satisfy the requirement for managerial and operational
				control.