N.J. Admin. Code § 5:120-1.7 - Good faith waiver

(a) If the UEZA determines that an applicant for qualified business status or a previously qualified business is unable in good faith to meet the definition of qualified business (see 5:120-1.2 ) because an insufficient number of persons satisfying the criteria of 52:27H-62(c)(1), (2), and (3), and the workforce requirements of the business are available within the business's geographical area, the UEZA, in its discretion, may reduce the requirement below the 25 percent factor for that business conditioned upon the agreement of the business to implement any one or more of the below-listed actions. Good faith shall include: a letter on the business' letterhead describing the position (including: type of position, salary, job description, number of positions available, list attempts and means business used to fill position locally, results of business' efforts), proof of advertisement for the position(s), a request to New Jersey Department of Labor and Workforce Development for assistance, and such other evidence to support an effort to hire so as to satisfy the 25 percent factor.
1. Sponsor and fund development and training programs in high schools, vocational or technical schools, or continuing education facilities which serve the zone municipality and which primarily develop basic or entry level job skills;
2. Provide summer or part-time jobs for zone municipality high school students or graduates;
3. Provide summer internships for zone municipality students attending post-secondary, vocational, or technical educational institutions;
4. Design and implement skills training programs in zone municipalities. These programs shall include, but are not limited to:
i. Secretarial skills;
ii. Computer skills;
iii. Financial administration and analysis skills;
iv. Management skills; and
v. Other vocational skills;
5. Participate in and fund State and federally sponsored job training programs in zone municipalities. These programs shall include, but are not limited to:
i. The New Jersey Department of Labor and Workforce Development's Customized Training Program;
ii. The Job Training Partnership Act, Pub.L. 97-300 ( 29 U.S.C. §§ 1501 et seq.); or
iii. Any other job training program recognized by the UEZA;
6. Sponsor and fund any other programs as may be designated by the UEZA.
(b) In determining the extent that a zone business shall be required to implement, sponsor, or fund any of the activities set forth under (a) above, the UEZA shall take into account the business's size as reflected in the number of employees normally, seasonally and currently employed by the business. To determine whether a business has satisfied the 25 percent factor (as defined in 5:120-1.2 ), the following business and employment size criteria shall be utilized:
1. Very small businesses. Very small businesses with 0 to five full-time employees may not be required to hire any additional employees;
2. Small businesses. Small businesses with six to 10 employees may be required to hire at least one qualified part-time employee;
3. Larger small business. Larger small businesses with 11 to 49 employees may be required to hire one full-time or two part-time qualified employees to meet the 25 percent factor; and
4. Medium and large firms. Businesses with 50 or more employees may be required to hire one full-time employee to meet the 25 percent factor, or implement existing options as otherwise outlined under (a) above.
(c) Any good faith waiver granted by the Authority may be suspended, revoked, abridged or otherwise reduced by the Authority upon a showing of good cause by the Administrator. Good cause as used in this subsection shall include economic circumstances of the zone or State which impacts the good faith waiver.


N.J. Admin. Code § 5:120-1.7
Recodified from N.J.A.C. 5:120-1.6 and amended by R.2009 d.331, effective 11/2/2009.
See: 41 N.J.R. 2372(a), 41 N.J.R. 4071(b).
In the introductory paragraph of (a), inserted a comma following "discretion", inserted "the" preceding "25 percent", and inserted "factor" and the last sentence, and substituted "below-listed actions." for "following actions:"; in (a)1, (a)2 and (a)3, substituted "municipality" for "city"; in the introductory paragraphs of (a)4 and of (a)5, substituted "municipalities" for "cities"; and rewrote (b) and (c).

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