N.J. Admin. Code § 17:9-10.16

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

Section 17:9-10.16 - Appeal to Commission

(a) In the event of an appeal to the Commission from the Director's decision relating to either a protest of an RFP requirement or a protest of a Commission contract award decision:

1. The Commission shall have sole discretion to determine if an oral presentation by the protester is necessary to reach an informed final agency decision on the merits of the protest. In the event the Commission determines that it can reach an informed final agency decision upon a review of the written record, such review shall constitute the informal agency hearing;

2. Oral presentations are fact-finding for the benefit of the Commission. The Commission has the discretion to limit attendance at an oral presentation to the protestor and, in the event the protest relates to a contract award decision, the selected bidder; and

3. The Commission may appoint a hearing officer. In such case, the hearing officer's report shall be advisory in nature. All parties shall receive a copy of the hearing officer's report and shall have 10 days to provide written comments or exceptions thereto to the Commission. Subsequent to the 10-day period for comments or exceptions, the Commission shall render its final agency decision.

N.J. Admin. Code § 17:9-10.16