N.J. Admin. Code § 17:46-1.8

Current through Register Vol. 56, No. 9, May 6, 2024

Section 17:46-1.8 - Denial of initial certification and revocation of certification for reasons other than a challenge

(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.

(b) The appeal procedures for denials or revocations pursuant to (a)1, 2, or 3 above are at (d) below. The appeal procedures related to a determination that an applicant or certificate-holder has knowingly supplied false or misleading information (see (a)4 above) are set forth at N.J.A.C. 17:46-1.10.

(c) In all cases, when a determination to deny or revoke is made, the Division shall notify the business through the mail. The denial or revocation shall be effective as of the date of the notice.

(d) A business finding cause to challenge the denial or revocation shall submit an appeal to the Director setting forth, in detail, the grounds for such appeal in a written statement. The appeal shall be filed within 10 business days following the business's receipt of written notification that it was denied certification or that its certification was revoked. The appeal shall contain the following items:

1. The specific grounds for challenging the denial of the certification or the revocation of the certification, including all arguments, materials, and/or other documentation that may support the appellant's position; and

2. A statement as to whether the appellant requests an opportunity for an in-person presentation and the reason(s) for the request.

(e) The Director may disregard any appeal filed after the 10-day period.

(f) The appeal accepted by the Director shall be resolved by a written decision based on the Director's review of the written record including, but not limited to, the business's application, the written appeal, pertinent administrative rules, statutes, and case law, and any associated documentation the Director deems appropriate. In cases where no in-person presentation is held, such review of the written record shall, in and of itself, constitute an informal hearing. The Director has sole discretion to determine if an in-person presentation by the appellant is necessary to reach an informed decision on the matter(s) of the appeal. In-person presentations are fact-finding for the benefit of the Director. The Director has the discretion to limit attendance at an in-person presentation to those parties likely to be affected by the outcome of the appeal. The determination issued by the Director, or the Director's designee, shall be a final agency decision, which shall be appealable to the Appellate Division of the Superior Court.

(g) The Director is entitled to request, receive, and review copies of any and all records and documents deemed appropriate and relevant to the issues and arguments set forth in the appeal. Upon receipt of the Director's request, the business shall promptly provide the requested records or information. The Director may also consider relevant information requested and received from other parties deemed appropriate.

(h) An applicant who receives a decision from the Division that the denial or revocation has been reaffirmed may reapply one year after the original date of denial or revocation.

N.J. Admin. Code § 17:46-1.8

Amended by 52 N.J.R. 2181(b), effective 12/21/2020