N.J. Admin. Code § 17:13-3.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:13-3.4 - Procedures for denial or revocation of registration as a small or veteran-owned business

(a) If the Division either denies an application for small or veteran-owned business registration or revokes a registration as a small or veteran-owned business, the Division will so notify the business. The denial or revocation is effective as of the date of the Division's notice to the business of its denial or revocation determination.

(b) When a business has been denied registration or had its registration revoked, the business has the right to an appeal. The appeal procedures in this section govern denials and revocations, except for revocations on the basis of false information knowingly supplied by the business or failure to submit the annual verification statement. Revocation based on false information knowingly supplied by the business is addressed by the procedures at N.J.A.C. 17:13-2.2.

(c) Within 10 days from receipt of the denial or revocation notification, the business that received the notification may request, in writing to the Small Business Set-Aside Unit, an appeal hearing. The appeal may concern only the qualification of the business under this chapter as a small business or veteran-owned business. When the Division receives an appeal, it shall conduct a hearing on the matter as follows.

1. The Unit shall notify the business of the time and place of the hearing and of the right of the business to appear and be represented by counsel at the hearing.

2. The appeal request shall include all information, including any relevant documents, available to the appealing business relevant to the appeal.

3. The burden of proof lies with the appealing business to show that the denial or revocation of the business registration was in error and that the appealing business meets all of the requisite qualifications under this chapter to be registered as a small business and/or veteran-owned business.

4. The hearing will be conducted by the Unit Manager or a designee. The Unit Manager shall issue a written report within seven days of the close of the hearing.

5. At the discretion of the Unit Manager, the business may be permitted to file written exceptions to the designee's report no later than five working days after the date on which the report is made available to the business.

6. Thereafter, the Unit Manager shall issue a decision on the appeal and notify the business by fax (or other electronic means) and letter.

N.J. Admin. Code § 17:13-3.4

Adopted by 49 N.J.R. 3784(b), effective 12/4/2017