New Jersey § 34:1b-366

§ 34:1b-366.

a. There is established, in but not of the Department of the Treasury , the Office of the Economic Development Inspector General, which shall operate independent

of the oversight or management of the Chief Executive Officer and the authority. The Office of the Economic Development Inspector General shall operate under the

Economic Development Inspector General, who shall be a retired member of the Judicial

Branch of the State, to be appointed by the Governor with the advice and consent of

the Senate for a term of four years. The Economic Development Inspector General shall direct the work of the Office of

the Economic Development Inspector General and have the following general functions,

duties, powers, and responsibilities: (1) to appoint such deputies, directors, assistants, and other officers and employees

as may be needed for the Office of the Economic Development Inspector General to meet

its responsibilities, and to prescribe their duties and fix their compensation within

the amounts appropriated therefor; (2) to conduct and supervise State government activities relating to State economic

development incentive integrity, fraud, and abuse; (3) to call upon any department, office, division, or agency of State government to

provide such information, resources, or other assistance as the Economic Development

Inspector General deems necessary to discharge the duties and functions and to fulfill

the responsibilities of the Economic Development Inspector General under sections

99 through 105 of P.L.2020, c. 156 ( C.34:1B-363 through C.34:1B-369 ). Each department, office, division, and agency of this State shall cooperate with

the Economic Development Inspector General and furnish the Office of the Economic

Development Inspector General with the assistance necessary to accomplish the purposes

of sections 99 through 105 of P.L.2020, c. 156 ( C.34:1B-363 through C.34:1B-369 ); (4) to coordinate activities to prevent, detect, and investigate economic development

incentive fraud and abuse among the following: the authority, State and local government

officials, and all economic development incentive applicants and recipients; (5) to recommend and implement policies relating to economic development incentive

integrity, fraud, and abuse, and monitor the implementation of any recommendations

made by the Office of the Economic Development Inspector General to the authority

for the administration of economic development incentives; (6) to perform any other functions that are necessary or appropriate in furtherance

of the mission of the Office of the Economic Development Inspector General; and (7) to direct an economic development incentive applicant or recipient to cooperate

with the Office of the Economic Development Inspector General and provide such information

or assistance as shall be reasonably required by the Office of the Economic Development

Inspector General. b. As it relates to ensuring compliance with applicable economic development incentive

standards and requirements, identifying and reducing fraud and abuse, and improving

the efficiency and effectiveness of economic development incentives, the functions,

duties, powers, and responsibilities of the Economic Development Inspector General

shall include, but not be limited to, the following: (1) to establish, in consultation with the authority and the Attorney General, guidelines

under which the withholding of payments or exclusion from economic development incentive

programs shall be imposed on an economic development incentive applicant or recipient; (2) to review the utilization of economic development incentives to ensure that economic

development incentive funds are appropriately spent to meet the goals and purposes

of an individual economic development incentive program; (3) to review and audit contracts, reports, documentation, claims, and all awards

of economic development incentives to determine compliance with applicable laws, regulations,

guidelines, and standards, and enhance program integrity; (4) to consult with the authority to optimize the economic development incentive management

information system in furtherance of the mission of the Office of the Economic Development

Inspector General. The authority shall consult with the Economic Development Inspector General on matters

that concern the operation, upgrade, and implementation of the economic development

incentive management information system; (5) to coordinate the implementation of information technology relating to economic

development incentive integrity, fraud, and abuse; (6) to conduct educational programs for economic development incentive for State and

local government officials and economic development incentive recipients designed

to limit economic development incentive fraud and abuse; and (7) to provide notice to the Chief Compliance Officer, appointed pursuant to section

101 of P.L.2020, c. 156 ( C.34:1B-365 ) if the Economic Development Inspector General determines that a program deficiency

exists in an economic development incentive program administered by the authority

and to provide notice to the Chief Executive Officer of the Authority of pending investigations

if the Economic Development Inspector General determines that such disclosure is consistent

with the public interest in maintaining the integrity of an economic development incentive

program administered by the authority or to abate the continuation of fraud or abuse. c. As it relates to investigating allegations of economic development incentive fraud

and abuse and enforcing applicable laws, rules, regulations, and standards, the functions,

duties, powers, and responsibilities of the Economic Development Inspector General

shall include, but not be limited to, the following: (1) to conduct economic development investigations concerning any acts of misconduct

within economic development incentive programs; (2) to provide information concerning the economic development investigations of the

Office of the Economic Development Inspector General to the Attorney General, law

enforcement authorities, and any prosecutor of competent jurisdiction, and endeavor

to develop these economic development investigations in a manner that expedites and

facilitates criminal prosecutions and the recovery of improperly expended economic

development incentives, including the maintenance of detailed records for cases processed

by the Economic Development Inspector General. The records shall include: information on the total number of cases processed and,

for each case, the agency and division to which the case is referred for an economic

development investigation; the date on which the case is referred; and the nature

of the suspected fraud or abuse. (3) to provide information and evidence relating to suspected criminal acts that the

Economic Development Inspector General may obtain in carrying out its duties to law

enforcement officials when appropriate, and to provide such information to the Attorney

General and county prosecutors in order to facilitate criminal economic development

investigations and prosecutions; (4) to refer complaints alleging criminal conduct to the Attorney General or other

appropriate prosecutorial authority. The Economic Development Inspector General shall maintain a record of all matters

referred to the Attorney General and shall be authorized to disclose information received,

as appropriate and as may be necessary to resolve the matter referred, to the extent

consistent with the public interest in disclosure, the need for protecting the confidentiality

of complainants and informants, and preserving the confidentiality of ongoing criminal

economic development investigations. Notwithstanding any referral made pursuant to this subsection, the Economic Development

Inspector General may pursue any administrative or civil remedy under the law. A referral by the inspector general to the Attorney General or a prosecutorial authority

shall in no way preclude the inspector general from performing its own separate, independent

investigation; and (5) in furtherance of an economic development investigation, to compel at a specific

time and place, by subpoena, the appearance and sworn testimony of any person whom

the Economic Development Inspector General reasonably believes may be able to give

information relating to a matter subject to an economic development investigation: (a) for this purpose, the Economic Development Inspector General is empowered to administer

oaths and examine witnesses under oath, and compel any person to produce at a specific

time and place, by subpoena, any documents, books, records, papers, objects, or other

evidence that the Economic Development Inspector General reasonably believes may relate

to a matter subject to an economic development investigation; and (b) if any person to whom a subpoena is issued fails to appear or, having appeared,

refuses to give testimony, or fails to produce the books, papers, or other documents

required, the Economic Development Inspector General may apply to the Superior Court

and the court may order the person to appear and give testimony or produce the books,

papers, or other documents, as applicable. Any person failing to obey that order may be held by the court in contempt; (6) subject to applicable State law, to have full and unrestricted access to all records,

reports, audits, reviews, documents, papers, data, recommendations, tax information provided to the authority pursuant to subsection r. of R.S.54:50-9 , or other material available to the authority and other State and local government

agencies with respect to which the Office of the Economic Development Inspector General

has responsibilities under sections 102 through 105 of P.L.2020, c. 156 ( C.34:1B-366 through C.34:1B-369 ); (7) to solicit, receive, and investigate complaints related to economic development

incentive integrity, fraud, and abuse; and (8) to prepare cases, provide expert testimony, and support administrative hearings

and other legal proceedings. d. As it relates to recovering improperly obtained economic development incentives,

imposing administrative sanctions, damages, or penalties, and negotiating settlements

to assure that all governmental resources have been properly expended, the functions,

duties, powers, and responsibilities of the Economic Development Inspector General

shall include, but not be limited to, the following: (1) to pursue civil and administrative enforcement actions against those who engage

in fraud, abuse, or illegal acts perpetrated under economic development incentive

programs. These civil and administrative enforcement actions shall include the imposition

of administrative sanctions, penalties, suspension of fraudulent or illegal awards,

and actions for civil recovery and seizure of property or other assets connected with

such economic incentive awards; (2) to initiate civil suits consistent with the provisions of sections 99 through

105 of P.L.2020, c. 156 ( C.34:1B-363 through C.34:1B-369 ), maintain actions for civil recovery on behalf of the State, and enter into civil

settlements; (3) to require that the authority withhold payments to an economic development incentive

applicant or recipient if the applicant or recipient unreasonably fails to produce

complete and accurate records related to an economic development investigation that

is initiated by the Office of the Economic Development Inspector General with reasonable

cause; and (4) to monitor and pursue the recoupment of economic development incentive awards

or portions thereof, damages, penalties, and sanctions.