N.J. Admin. Code § 19:61-6.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:61-6.9 - Solicitation or acceptance of a thing of value

(a) Except in accordance with the Commission's rules on attendance at events, 19:61-6.4 and 6.5 and compensation for published works, 19:61-6.7, no State official, whether by himself or herself or through his or her spouse, or member of his or her family or through any partner or associate shall solicit or accept, directly or indirectly, any thing of value that is related in any way to the State official's public duties.

(b) A State official must disclose and remit to his or her Department head or the Department head's designees any offer or receipt of any thing of value that is related in any way to the State official's public duties.

(c) The Department head or his or her designee shall return the thing of value to the donor or, in the case of a perishable thing of value, transfer it to an appropriate nonprofit entity in the name of the donor.

(d) A State official or his or her agency may retain and use unsolicited gifts or benefits of trivial value, such as complimentary articles offered to the general public, and gifts received as a result of mass advertising mailings to the general business public if such use does not create an impression of a conflict of interest or a violation of the public trust. An impression of a conflict may be created, for example, if a State official in a regulatory agency uses a pocket calendar conspicuously marked with the name of a company that it regulates or if an office in a State agency displays a wall calendar from a vendor, creating the impression of endorsement. If circumstances exist which create a reasonable doubt as to the intention with which the gift or benefit was offered, (c) above shall govern. The provisions of (b) and (c) above and (e) below do not apply to items of trivial value.

(e) The Department head or his or her designee shall keep records of all such occurrences, names of the State officials, individuals, and companies involved, and the final disposition of the thing of value.

(f) Notwithstanding (a) through (e) above, a State official, acting in a scholarly capacity, may accept an honorarium, academic prize or other thing of value if the honorarium, academic prize or other thing of value reflects payment for sharing his or her intellectual property orally or in writing, acting in an editorial capacity for a journal or other publication or reviewing journal or book manuscripts, or grants or contract proposals, or participating in accreditation or other peer review activities.

N.J. Admin. Code § 19:61-6.9

New Rule, R.2004 d.390, effective 10/18/2004.
See: 36 N.J.R. 2316(a), 36 N.J.R. 4842(a).
Amended by R.2007 d.67, effective 2/20/2007.
See: 38 N.J.R. 4685(a), 39 N.J.R. 670(a).
Rewrote (a); in (b), substituted "that is related in any way to the State official's public duties" for "from an interested party"; and in (d), added the last sentence.
Amended by R.2007 d.357, effective 11/19/2007.
See: 39 N.J.R. 3286(a), 39 N.J.R. 4951(a).
Section was "Solicitation or acceptance of a thing of value from an interested party". In (a), inserted "and compensation for published works, N.J.A.C. 19:61-6.7"; and added (f).
Amended by R.2012 d.045, effective 2/21/2012.
See: 43 N.J.R. 1515(a), 44 N.J.R. 519(a).
In (b), inserted "or the Department head's designees"; in (c) and (e), inserted "or his or her designee"; and in (d), substituted "(b) and (c) above and (e) below" for "(b), (c) and (e) above".