New Jersey § 52:16a-77

§ 52:16a-77.

The board is hereby authorized and empowered: a. Notwithstanding any provision of the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ), to the contrary, to adopt, immediately upon filing with the Office of Administrative

Law, such regulations as the board deems necessary to implement the provisions of

this act, which regulations shall be effective for a period not to exceed 180 days

from the date of the filing. Such regulations may thereafter be amended, adopted or readopted by the board as

necessary in accordance with the requirements of P.L.1968, c. 410. However, the board shall not have the power to design or specify the project lists

of the Council, the Historic Trust, and the Commission provided for in sections 10,

11, and 12 of this act. These rights shall be held exclusively by the Council, the Historic Trust and the

Commission, respectively; b. To solicit, receive, and accept appropriations, gifts, donations, legacies, bequests,

and endowments from public or private sources for any purpose which falls within the

purposes of the Cultural Trust. The Cultural Trust may not acquire, hold, receive, or accept any moneys or other

property, real or personal, tangible or intangible, which will result in the incurrence

of any financial obligations on the part of the State that cannot be supported entirely

from funds available in the Trust Fund without the express approval of the State Treasurer

in consultation with the Secretary of State; c. To apply all moneys, assets, property, or other things of value it may receive

as an incident to its operation to the general purpose of the Cultural Trust; d. To cooperate with and assist and receive assistance from, insofar as practicable,

any agency of the State or any of its political subdivisions, and any private agency

or person in the furtherance of the purposes of this act or of the Cultural Trust; e. To evaluate and certify any and all donations made to the Cultural Trust or a qualified

organization for purposes of the transfer of moneys from the Account to the Trust

Fund pursuant to section 9 of this act; f. To accept or reject any recommendation on a project list submitted solely by the

Council, the Historic Trust, or the Commission that will support the financing of

capital facilities projects or endowments, or contribute to the institutional and

financial stability of qualified organizations. The board as a whole or any of its members may not recommend any project for funding

that has not either received a restricted donation as set forth in section 9 of this

act or been recommended for funding by the Council, the Historic Trust, or the Commission

on a project list submitted pursuant to section 10, 11 or 12 of this act; g. To consult with the Director of the Division of Investments in the Department of

the Treasury and the State Treasurer regarding the investment strategies for the moneys

in the Trust Fund established by the board pursuant to section 8 of this act; h. To make and enter into any and all contracts and agreements for goods and services

and to enter into any and all contracts and agreements or to execute any instrument

with individuals, organizations, institutions, or public agencies for services or

endeavors furthering the Cultural Trust; i. To determine the portion of the interest generated by moneys in the Trust Fund

that will be made available for distribution to qualified organizations, and to distribute

these moneys as necessary and appropriate pursuant to sections 10, 11 and 12 of this

act; j. To prepare and implement a fiscal plan for the Cultural Trust; k. To prepare and submit an annual funding request for an appropriation from the General

Fund for the operational and administrative costs of the board and the Cultural Trust

to the Governor through the Department of State and the Division of Budget and Accounting

in the Department of the Treasury, and to expend or authorize the expenditure of moneys

derived from such sources and funds as are appropriated by the Legislature to implement

the provisions of this act; l . To hire and employ such employees, in consultation with the Secretary of State,

as may be necessary or desirable in its judgment to carry out the purposes of this

act, to fix their compensation, and to promote and discharge said employees, without

regard to the provisions of Title 11A of the Revised Statutes; m. To sue and be sued in its own name, but the board members shall be held harmless

for acts performed in good faith; n. To adopt a seal and alter the same at its pleasure; o . To maintain an office or offices at such a place or places within the State as the

Secretary of State may designate; p. To sell, convert, assign, develop, or otherwise dispose of any and all necessary

assets or property donated to the Cultural Trust, as needed, for the purposes of this

act. Any moneys gained by the sale of these assets or property shall be deposited into

the Trust Fund; q. To develop in its regulations a process for appealing a decision by the board;

and r. To do all acts and things necessary, incidental, convenient, or desirable to carry

out the powers granted in this act.