N.J. Admin. Code § 17:49-12.1

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

Section 17:49-12.1 - Appeal

(a) A local government unit, school district, State government entity or county college, State college, or State university may appeal the Treasurer's approval or denial by submitting, in writing, to the Office of Public Finance, within 60 calendar days from the date of the action, an explanation as to how the applicant has met the criteria required. Such appeals are not contested cases subject to the requirements of the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) Appeals that are timely submitted shall be handled as follows:

1. The Treasurer shall designate an employee to serve as a hearing officer for the appeal and to make a recommendation on the merits of the appeal. The hearing officer shall perform a review of the written record and may require an in-person hearing. The hearing officer has sole discretion to determine if an in-person hearing is necessary to reach an informed decision on the appeal. The hearing officer may consider new evidence or information that would demonstrate that the applicant meets all of the application criteria.

2. Following completion of the record review and/or in-person hearing, as applicable, the hearing officer shall issue a written report to the Office of Public Finance containing his or her finding(s) and recommendation(s) on the merits of the appeal. The hearing officer's report shall be advisory in nature. The Office of Public Finance may also include a recommendation to the written report of the hearing officer. The applicant shall receive a copy of the written report of the hearing officer, which shall include the recommendation of the Office of Public Finance, if any, and shall have the opportunity to file written comments and exceptions to the hearing officer's report within five business days from receipt of such report.

3. The State Treasurer shall consider the hearing officer's report, the recommendation of the Office of Public Finance, if any, and any written comments and exceptions timely submitted by the applicant. Based on that review, a final decision on the appeal shall be issued.

4. Final decisions rendered by the State Treasurer shall be appealable to the Superior Court, Appellate Division, in accordance with the Rules Governing the Courts of the State of New Jersey.

N.J. Admin. Code § 17:49-12.1

Adopted by 52 N.J.R. 898(a), effective 4/20/2020