N.J. Admin. Code § 17:12-4.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:12-4.5 - Resolution of complaints

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

(b) At the discretion of the Director, the complainant 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. In-person presentations as convened under this subchapter are fact-finding for the benefit of the Director. At such in-person presentations, the State shall be represented by pertinent members of the Division and by the Office of the Attorney General, if required. 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 complaint process.

(c) The Director, or the Director's designee from within or outside the Division, may perform a review of the written record or conduct an in-person presentation directly. In the case of a review or in-person presentation being handled by a hearing officer designee from outside the Division, the determination of such designee shall be in the form of a report to the Director, which shall be advisory in nature and not binding on the Director. All parties shall receive a copy of the hearing officer's report and shall have 10 business days to provide written comments or exceptions to the Director. Subsequent to the 10-business-day period for comments/exceptions, the Director shall make a final written decision on the matter. In the case of a review or in-person presentation being handled by a designee from within the Division, the determination shall be issued by the Director, or the Director's designee, and such determination 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, 52:14B-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, 59:13-1 et seq.

(e) An initial decision by the CCAU pending on appeal before the Director or a final determination by the Director or Director's designee shall not prevent the State from exercising any other right or seeking any other remedy available at law or in equity.

N.J. Admin. Code § 17:12-4.5

New Rule, R.1999 d.407, effective 11/15/1999.
See: 31 N.J.R. 2301(a), 31 N.J.R. 3742(b).
Former N.J.A.C. 17:12-4.5, Rejection of goods, recodified to N.J.A.C. 17:12-4.6.
Amended by R.2005 d.128, effective 4/18/2005.
See: 36 N.J.R. 5230(a), 37 N.J.R. 1218(a).
In (a), inserted "CCAU-adjudicated" preceding "complaint", "appealed to the Director" preceding "shall be resolved by written decision"; rewrote (c); in (d), added the last sentence.
Amended by R.2012 d.074, effective 4/2/2012.
See: 43 N.J.R. 3308(a), 44 N.J.R. 1143(b).
In (b) and (c), substituted "in-person" for "oral" throughout; in (b), substituted "In-person" for "Oral" and "this subchapter" for "these rules"; in (c), substituted "Appellate" for "Law"; in (d), substituted "toll" for "stop"; and added (e).