N.J. Admin. Code § 6A:26-14.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 6A:26-14.1 - Withholding of State support for non-compliance

(a) Pursuant to 18A:55-2, the Commissioner shall direct the State Treasurer to withhold funds payable by the State from any school district that fails to obey the law, or the rules or directions of the State Board or the Commissioner. "Funds payable by the State" include State support under EFCFA. A failure to obey the rules shall include non-compliance with this chapter. The non-compliance may:

1. Constitute a default under a grant agreement between the Development Authority and the school district for school districts receiving State support under 18A:7G-5 (preconstruction activities), 13(a), or 15. It also may subject the school district to Development Authority remedies for the default, including the reimbursement or withholding of State support under EFCFA. If the Development Authority refers the matter to the Department in lieu of withholding State support under EFCFA, the Department may upon review of the matter direct the State Treasurer to withhold funds payable by the State from the school district;

2. Result in reducing to zero the "M" factor in the debt-service-aid formula in 6A:26-3.8 pursuant to 18A:7G-9.b(1) and (2) and/or subject the school district to a withholding of State support under EFCFA if the school district receives debt service aid under 18A:7G-9 or 10; or

3. Subject a school district for which the Development Authority constructs the school facilities project to a withholding of funds payable by the State, including State support under EFCFA.

(b) Pursuant to 18A:4-23, the Commissioner shall enforce these rules by any means permitted by law, including, but not limited to, issuing to the school district under 6A:3-3.1 an order to show cause why the reimbursement or withholding of State support should not be imposed.

N.J. Admin. Code § 6A:26-14.1

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote (a).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote (a) and (b); and deleted (c).