N.J. Admin. Code § 17:46-1.2
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Appeal" means a timely filed written challenge to a denial or revocation of a certification as a minority business or a women's business.
"Applicant" means a business that applies for certification as a minority business or a women's business, in accordance with the provisions of P.L. 1986, c. 195 (N.J.S.A. 52:27H-21.17et seq.).
"Business" means an entity organized for profit including, but not limited to, an individual or individuals, sole proprietorship, partnership, Limited Liability Company, corporation, or joint venture.
"Certification" means a determination by the Division that an applicant has met the standards for certification as a minority and/or women's business under the Act and this chapter.
"Control" (managerial and operational control) means authority over the affairs of a business, including, but not limited to, capital investment, property acquisition, employee hiring, contract negotiations, legal matters, officer and director selection, operating responsibility, financial transactions, and the rights of other shareholders or joint partners. Control shall not include absentee ownership. Control shall be deemed not to exist where an owner is not a minority in the case of a minority business; or where the owner is not a female in the case of a women's business. Additionally, control shall not be deemed to exist where someone, other than a minority or a woman, is disproportionately responsible for the operation of a business, or for policy and contractual decisions.
"Day" or "business day" means any weekday, excluding Saturdays, Sundays, State or Federal legal holidays, and State-mandated furlough days.
"Denial" means an administrative decision by the Division to reject an application for reasons such as the submission being incomplete, inaccurate, or failing to meet the eligibility standard for a minority business or a women's business.
"Department" means the Department of the Treasury.
"Director" means the head of the Division of Revenue and Enterprise Services in the Department of the Treasury.
"Disadvantaged Business Enterprise" means certification, pursuant to the Fixing America's Surface Transportation Act, P.L. 114-94 (December 4, 2015).
"Division" means the Division of Revenue and Enterprise Services in the Department of the Treasury, which has been allocated the authority by the State Treasurer to register vendors for the New Jersey Set-Aside program and certify businesses under the Uniform Certification Act.
"Filed" means received by the Director or a Division representative.
"Hearing officer" means a State of New Jersey, Department of the Treasury employee designated by the State Treasurer to hear cases involving an appeal of a denial of a certification or a challenge to a certification, pursuant to the provisions of this chapter, and to render decisions on those appeals and challenges.
"Joint venture" means a business undertaking between two or more entities who share risk and responsibility for a specific project while otherwise retaining their distinct identities.
"Minority" means a person who is:
1. Black, which is a person having origins in any of the black racial groups in Africa;
2. Hispanic, which is a person of Spanish or Portuguese culture, with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race;
3. Asian American, which is a person having origins in any of the original peoples of the Far East, Southeast Asia, Indian Subcontinent, Hawaii, or the Pacific Islands; or
4. American Indian or Alaskan native, which is a person having origins in any of the original peoples of North America.
"Minority business" means a business, pursuant to N.J.S.A. 52:27H-21.18, which is:
1. A sole proprietorship, owned and controlled by a minority;
2. A partnership or joint venture, owned and controlled by minorities in which at least 51 percent of the ownership interest is held by minorities and the management and daily business operations of which are controlled by one or more of the minorities who own it; or
3. A corporation or other entity, whose management and daily business operations are controlled by one or more minorities who own it, and which is at least 51 percent owned by one or more minorities, or, if stock is issued, at least 51 percent of the stock is owned by one or more minorities.
"Selective Assistance Vendor Information (SAVI)" means the database in which the Division maintains a public listing of registered small businesses, veteran's businesses, disabled veteran-owned businesses, and certified minority and women's businesses.
"State contracting agency" or "contracting agency" means any board, commission, committee, authority, division, college, university, department, or agency of the State that possesses the legal authority to enter into, or award, contracts for goods and services or construction contracts. A list of State contracting agencies shall be maintained at www.newjerseybusiness.gov and updated, as necessary, to reflect the addition or elimination of agencies.
"Woman" or "women" means an individual, regardless of race, who self-identifies her gender as a woman, without regard to the individual's designated sex at birth.
"Women's business" means a business, pursuant to N.J.S.A. 52:27H-21.18, which is:
1. A sole proprietorship owned and controlled by a woman;
2. A partnership or joint venture owned and controlled by women in which at least 51 percent of the ownership is held by women and the management and daily business operations of which are controlled by one or more women who own it; or
3. A corporation or other entity whose management and daily business operations are controlled by one or more women who own it, and which is at least 51 percent owned by women, or, if stock is issued, at least 51 percent of the stock is owned by one or more women.
N.J. Admin. Code § 17:46-1.2