N.J. Admin. Code § 9A:12-1.6
Current through Register Vol. 56, No. 19, October 7, 2024
Section 9A:12-1.6 - Authorization process(a) The Secretary shall establish a review committee comprised of representation from the Office of the Secretary of Higher Education, the New Jersey Educational Facilities Authority, the New Jersey Schools Development Authority, the New Jersey Economic Development Authority, and an external advisor with technical expertise to evaluate project grant applications and make recommendations on funding.(b) The Secretary shall examine the recommendations of the review committee and shall, via a written certification, provide preliminary approval or disapproval of the grant, pursuant to N.J.A.C. 9A:12-1.5(b), and the amount of the grant.(c) The Secretary shall submit to the Legislature a copy of the grant application and a copy of the written certification preliminarily approving the grant, including the amount approved, with a copy of such material to the Authority. If the Legislature does not disapprove the grant by the adoption of a concurrent resolution within 45 days of receipt from the Secretary, the grant shall be deemed to be approved by the Legislature and by the Secretary. (d) Upon authorization of the grant pursuant to (b) above, the institution shall enter into a grant agreement with the Authority, which shall set forth the terms of the grant award and be provided to the board of the Authority for approval by resolution.(e) Each grant award shall be contingent upon the recipient governing board's entering into a contract or contracts to construct the capital improvement project within one year of the date on which the grant funds are made available. The funds shall be considered available on the date of the Authority's issuance of the bonds to fund the capital improvement project or on the date of the authorization of the grant, whichever is later. (f) Each recipient of a grant shall provide such information as the Secretary may request regarding the use of the grant and the progress of the project.(g) The Secretary may reduce, or cancel entirely, the amount of a grant: 1. If an institution determines not to undertake a project for which a grant was awarded;2. To adjust for actual project expenses in a manner consistent with the approved grant; or3. If the project is not substantially completed and the grant substantially disbursed six months after the estimated construction completion date set forth in the grant application, as adjusted for any actual delay to the institution entering into a construction contract consistent with (d) above.(h) No reduction in the grant amount shall be made pursuant to (g)3 above if: 1. Delays are the result of Federal, State, or local government approvals or regulatory requirements not attributable to the institution; or 2. In the sole determination of the Secretary, there are other compelling and documentable reasons. (i) In the event that an institution requires a modification to an approved project, a formal request must be sent to the Secretary prior to any action being taken by the institution, in order for the Secretary to evaluate the merits of the proposed project modification against the objectives set forth at N.J.A.C. 9A:12-1.5(b). The Secretary may exercise discretion to allow a grantee to modify its project if such modification is reasonable and consistent with the scope, objectives, purpose, and intent of the originally approved project and if such modification does not constitute a material change. Project modifications will be reviewed on a case-by-case basis and must be authorized under the terms and conditions of the grant agreement, tax certificate, and any other applicable bond documents. Material modifications to the grant agreement are prohibited. Additionally, the Secretary may, in a manner consistent with the allocations provided in the Act, allocate any balance in an approved grant to another approved grant of the same institution.N.J. Admin. Code § 9A:12-1.6
Amended by 54 N.J.R. 444(a), effective 3/7/2022