N.J. Admin. Code § 16:72-6.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 16:72-6.5 - Resolution of complaints

(a) A complaint appealed to the Chief Procurement Officer, or his or her designee, shall be resolved by written decision on the basis of the Chief Procurement Officer's review of the written record including, but not limited to, the complaint and any attachments, the terms, conditions, and requirements of the contract that includes the proposal submitted by the contractor, pertinent administrative rules, statutes, and case law, and any associated documentation the Chief Procurement Officer deems appropriate. Such review of the written record shall, in and of itself, constitute an informal hearing.

(b) At the discretion of the Chief Procurement Officer, the using department and/or respondent may be required to make an in-person presentation, which may include an opportunity to submit additional documentation relevant to the issues set forth in the original complaint.

(c) The Chief Procurement Officer, or his or her designee, may perform a review of the written record or conduct an in-person presentation directly. A determination by the Chief Procurement Officer, or his or her designee, shall be a final agency decision, which shall be appealable to the Appellate Division of the Superior Court.

(d) Hearings arising under this subchapter are not contested cases subject to the requirements of the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The period during which a complaint is being handled administratively shall not toll the running of any limitations period in the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1et seq.

(e) An initial decision pending an appeal before the Chief Procurement Officer, or his or her designee, or a final determination by the Chief Procurement Officer, or his or her designee, shall not prevent NJ TRANSIT from exercising any other right or seeking any other remedy available at law or in equity.

N.J. Admin. Code § 16:72-6.5

Adopted by 51 N.J.R. 1209(b), effective 7/15/2019