reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:23-9 - Claims against bonds

45:23-9. Claims against bonds
If the trading stamp company defaults in the redemption of its stamps issued by retailers in this State when they are duly presented for redemption by the rightful holders, all rightful holders of trading stamps of such company, including retailers in possession of such stamps for issuance to customers, shall be entitled to make claim against such bond. Any such holder may, within 3 months after such default, file a complaint with the Secretary of State, who shall forthwith make an administrative determination whether there has been a default. If said secretary determines that there has been a default, he shall give notice of such determination to the company and, if such default is not corrected within 10 days, he shall publish notice of such default in 3 consecutive publications of one or more newspapers having general circulation throughout this State and therein require that proof of all claims for redemption of the trading stamps of such company be filed with him, together with the trading stamps upon which the claim is based, within 3 months after the date of the first such publication. The Secretary of State shall determine the validity of all claims so filed promptly after the expiration of such period. Thereupon the secretary shall be paid by the surety such amount, not exceeding the principal sum of the bond, as shall be necessary to satisfy all valid claims so filed. The secretary shall promptly thereafter make an equitable distribution of the proceeds of the bond to such claimants and shall destroy the trading stamps so surrendered.
The costs and other charges incurred by the Secretary of State in performing the duties set forth in this section shall constitute a proper charge against the trading stamp company which has defaulted, or, in the event of the trading stamp company's failure to pay, against the bond filed by that company, and shall constitute a prior claim against such company or such bond, except that in no event shall the surety be liable for such charge and all other valid claims as an aggregate in excess of the principal sum of the bond.
L.1964, c. 274, s. 10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:23-10 - Notice of cessation or suspension of redemption of stamps

45:23-10. Notice of cessation or suspension of redemption of stamps
No trading stamp company shall cease or suspend the redemption of trading stamps in this State without filing with the Secretary of State at least 90 days' prior written notice of its intention to do so and concurrently mailing a copy of such notice to each retailer within this State which has at any time theretofore within 1 year issued trading stamps which the trading stamp company is obligated to redeem.
L.1964, c. 274, s. 11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:23-11 - Issuance or redemption of stamps without consent of issuing company prohibited

45:23-11. Issuance or redemption of stamps without consent of issuing company prohibited
No person shall wilfully issue or redeem or exchange for commercial purposes any trading stamp without the consent of the trading stamp company which issued such stamps.
L.1964, c. 274, s. 12.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:23-12 - Penalty for violation of chapter; jurisdiction

45:23-12. Penalty for violation of chapter; jurisdiction
Any person or trading stamp company violating any provision of this chapter shall be guilty of a misdemeanor.
The Superior Court shall have jurisdiction on the complaint of any interested person to restrain and enjoin the violation of any of said provisions. Administrative determinations of the Secretary of State shall be subject to review by appeal to the Appellate Division of the Superior Court.
L.1964, c. 274, s. 13.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:23-13 - Municipal ordinances

45:23-13. Municipal ordinances
On and after the effective date of this act no ordinance shall be adopted or amended by any municipality, in respect to the regulation of trading stamp companies and the advertising, distribution and redemption of trading stamps, and all such ordinances and rules, regulations and orders issued pursuant to any such ordinance existing on such date shall be superseded and of no further force and effect.
L.1964, c. 274, s. 14.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-1 - "Transient merchants" and "itinerant vendors" defined

45:24-1. "Transient merchants" and "itinerant vendors" defined
The words "transient merchants" or "itinerant vendors" , as used in this article, mean persons, corporations or partnerships, whether principal or agent, who engage in a merchandising business in New Jersey with intent to close out or discontinue such business within one year from the date of commencement, including those who for the purpose of carrying on such business, hire, lease or occupy any building, structure or railroad car for the exhibition and sale of such goods, wares and merchandise, but nothing in this article shall be construed to affect the sale of fruits, vegetables and farm products, such as meat, poultry, butter and eggs.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-2 - Declaration as to goods to be sold; contents

45:24-2. Declaration as to goods to be sold; contents
All transient merchants or itinerant vendors shall, before offering for sale any personal property, make a declaration, under oath, to the licensing official of the municipality in which they propose to conduct such sale, of the number of days they propose to engage in such business, together with a specific statement as to the location of such personal property by street and number and whether on the premises from which they are to be sold or in warehouses or storage.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-3 - License fee; payment before sale; term of license

45:24-3. License fee; payment before sale; term of license
All transient merchants or itinerant vendors shall, before offering for sale any personal property, pay to the licensing official of the municipality in which such sale is to take place, a sum of not more than one thousand dollars, and upon payment of such sum as may be specified in the ordinances of the municipality in which the transient merchant or itinerant vendor is to do business, he shall be entitled to apply for and receive a license which shall continue in favor of the person to whom it is issued for the period of one hundred and eighty days from the day of issuance.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-4 - Application for license; contents; separate license for each location

45:24-4. Application for license; contents; separate license for each location
All applications for such license shall be sworn to and shall disclose the name and residence of the owner or person in whose interest such business is conducted, and shall further state the average quantity and kind, as nearly as can be, and the value of the personal property intended to be sold or exposed for sale in that municipality. It shall also give the names and post-office addresses of the persons from which goods making up the stock were or are to be purchased and the licensing official of the municipality in arriving at the valuation may require the submission of bills or invoices of such personal property. A separate license shall be obtained for each branch, establishment or separate place of business in which the occupation of a transient merchant or itinerant vendor is carried on, and each license shall authorize the licensee to carry on, pursue or conduct the business of a transient merchant or itinerant vendor only at the location indicated thereby.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-5 - Bond; amount, term and conditions

45:24-5. Bond; amount, term and conditions
Before a license shall issue, the applicant shall execute and deliver to the licensing official of the municipality, a good and sufficient bond with good and sufficient surety, to be approved by the licensing official, equal in amount to twenty-five per cent of the value of the personal property shown in the declarations and disclosures required under the provisions of this article, but in no event shall the bond be less than one thousand dollars. It shall remain in force for one year, and be conditioned to indemnify and pay the municipality any penalties or costs incurred in the enforcement of any of the provisions of this article, and to indemnify or reimburse any purchaser of such personal property in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the owners or their servants, agents or employees, either at the time of making the sale or through any advertisement printed or circulated with reference to such personal property or any part thereof.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-6 - Appointment of licensing officer as agent for service of process

45:24-6. Appointment of licensing officer as agent for service of process
Before a license shall issue, the applicant shall file with the licensing official of the municipality, an instrument in writing nominating and appointing the licensing official his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license and the bond given as required by the provisions of section 45:24-5 of this title or for the performance of the conditions of the bond or for any breach thereof. It shall also contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon such agent and when so made shall be as valid as if personally served upon the applicant according to the laws of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-7 - Charitable, religious and historical societies unaffected

45:24-7. Charitable, religious and historical societies unaffected
Nothing in this article shall apply to or require the obtaining of a license by any charitable or religious society that shall conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists; and nothing in this article shall apply to or require the obtaining of a license by any art, antique or historical society that shall conduct an exhibition and sale of art objects, pictures, paintings, prints, historical articles and furniture generally known and designated as antiques and kindred objects; and nothing in this article shall apply to or require the obtaining of a license by any agricultural show, fair or garden society selling or closing out certain of their exhibits, if such society was an incorporated association not for pecuniary profit of this state prior to March twenty-sixth, one thousand nine hundred and thirty-five, or if incorporated subsequent thereto, such society shall have a bona fide membership of at least one hundred persons.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-8 - Penalties

45:24-8. Penalties
Any transient merchant or itinerant vendor who fails to comply with the requirements of this article or any part thereof, or makes a false or fraudulent representation in any statement required by this article to be filed by him, or falsely represents by advertising or otherwise that such personal property is in whole or in part damaged goods saved from fire, or makes any false statement as to the previous history or character of such personal property, shall be subject to a fine of not less than twenty-five dollars nor more than two hundred dollars, or may be committed for a period not exceeding ninety days, or both.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-9 - Eligibility for peddler's license.

45:24-9 Eligibility for peddler's license.
45:24-9. The following persons shall have the right to hawk, peddle and vend any goods, wares or merchandise or solicit trade within this State, by procuring a license for that purpose to be issued in the manner and under the conditions hereinafter in this article prescribed, except, however, the aforesaid right to hawk, peddle and vend any goods, wares or merchandise or solicit trade shall not extend to or include any public beach or public boardwalk:
a. Every person who has been honorably discharged or discharged under honorable conditions from the active military service of the United States, who is a resident of this State.
b. Every exempt member of a volunteer fire department, volunteer fire engine, hook and ladder, hose, supply company or salvage corps, of any municipality or fire district in this State, who holds an exemption certificate issued to him as an exempt member of any such department, company or corps, and who is a resident of this State.
Hawking, peddling and vending hereafter may be regulated by municipal ordinance on public streets and highways.
amended 1943, c.99; 1950, c.156; 1952, c.344, s.1; 1955, c.245, s.1; 1968, c.27; 1981, c.270, s.1; 1984, c.194, s.1; 2019, c.211.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-9.1 - Restriction on issue of licenses to soldiers, etc.

45:24-9.1. Restriction on issue of licenses to soldiers, etc.
No license shall be issued to any person described in subparagraph "a" of section 45:24-9 of this title for hawking, peddling, and vending emblems, flags, natural or artificial flowers, magazines, pamphlets, postcards or any printed matter, or any article emblematic or symbolic of, or referring to the army, navy, marine corps, or any veterans' association, unless such licensee shall have been a bona fide resident of the county wherein he resides for three months immediately preceding the issuance of such license; and any such license shall be effective only in the county wherein such licensee resides.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-10 - Issuance of license by county clerk; prerequisites

45:24-10. Issuance of license by county clerk; prerequisites
In the case of an exempt fireman, on the presentation to the clerk of the county in which such person may be or resides of such certificate of exemption, the clerk shall issue without cost to such exempt fireman a license certifying him to be entitled to the benefits of this article.
In the case a person who has been honorably discharged from the active military service of the United States, on the presentation to the clerk of the county in which such person resides of an application sworn to by said applicant together with a certificate of honorable discharge from the active military service of the United States, which application shall also set forth that the applicant has resided within the state for at least six months and in the county at least three months immediately preceding his application for license, the county clerk shall forward a copy of such application to the adjutant general of the State for permanent record. The adjutant general, upon receipt of such copy, shall notify the county clerk whether or not such applicant has theretofore been a licensee and whether or not such license has been canceled. If the applicant has not previously held a license, or if it has been more than one year since the cancellation of the license previously held by the applicant, the county clerk shall issue to the applicant a license entitling him to the benefits of this article; except that the clerk may deny the application where the provisions of P.L. 1968, c. 282 (C. 2A:168A-1 et seq.) or P.L.1974, c. 161 (C. 2A:168A-4 et seq.) are applicable.
Amended by L.1984, c. 194, s. 2, eff. Nov. 27, 1984.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-11 - Applicant's signature and photograph to appear on license

45:24-11. Applicant's signature and photograph to appear on license
Before a license issued pursuant to this article shall be valid the licensee shall affix his signature thereto in the presence of the county clerk or a duly authorized representative thereof, who shall sign as witness, and who shall affix thereto a photograph of the licensee which shall be supplied by the licensee, and shall be two inches by three inches in size. No license shall be valid without the photograph attached.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:24-13 - License of person honorably discharged from military service; cancellation; grounds; sale or transfer; penalty

45:24-13. License of person honorably discharged from military service; cancellation; grounds; sale or transfer; penalty
Any judge of the municipal court, after due notice and a hearing, shall have power to order the cancellation of any license issued under the authority of subsection a. of R.S. 45:24-9 if: a. the license has been sold or transferred by the original licensee; b. during the term of the license, the licensee has been convicted of a crime and this conviction relates adversely to the activity for which the license was granted; or c. during the term of the license, the licensee has been found guilty of violating a municipal ordinance and this violation relates adversely to the activity for which the license was granted. The judge of the municipal court shall mail the order of cancellation to the county clerk in whose county the license was granted and thereupon the county clerk shall cancel the same of record and file the order of cancellation in his office and send notice of such cancellation to the office of the adjutant general. Application for a new license may be made at any time after the expiration of one year from the date of the cancellation. Any licensee holding a license issued under the authority of subsection a. of R.S. 45:24-9 who shall sell or transfer such license shall be guilty of a crime of the fourth degree and punished accordingly. A "transfer" has occurred under this section if the original licensee knowingly permits someone other than himself to use the license to engage in the activity for which the license was granted.
Amended by L.1984, c. 194, s. 3, eff. Nov. 27, 1984.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-2 - Definitions relative to crane operators.

45:26-2 Definitions relative to crane operators.
2. As used in this act:
"Board" means the Crane Operators License Advisory Board established pursuant to section 3 of this act.
"Certification" means certification from the National Commission for the Certification of Crane Operators or any other organization found by the board to offer an equivalent testing and certification program meeting the requirements of the American Society of Mechanical Engineers ASME B30.5 and the accreditation requirements of the National Commission for Certifying Agencies.
"Commissioner" means the Commissioner of Labor.
"Crane" means a power-operated hoisting machine used in construction, demolition or excavation work that has a power-operated winch, load line and boom moving laterally by the rotation of the machine on a carrier and has a manufacturer-rated lifting capacity of ten tons or more. It shall not include a forklift, digger derrick truck, aircraft, bucket truck, knuckle boom, trolley boom or any vehicle or machine not having a power-operated winch and load line.
"Crane operator" means an individual engaged in the operation of a crane.
"Crane related experience" means operating, inspecting, training and maintenance experience acceptable to the board.
"Practical examination" means an examination demonstrating the applicant's ability to safely operate a particular category or type of crane. Practical examinations shall be conducted for the following crane categories: the lattice boom crawler or truck cranes, telescopic boom cranes having a capacity of less than 17.5 tons, and the telescopic boom cranes having a capacity of more than 17.5 tons.
L.2003,c.171,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-3 - Crane Operators License Advisory Board.

45:26-3 Crane Operators License Advisory Board.
3. a. There is created within the Department of Labor, a Crane Operators License Advisory Board. The board shall consist of seven members who are residents of the State, consisting of the commissioner or his designee, as the chairperson, serving ex-officio and representing the Department of Labor, a heavy highway, utility or transportation construction contractor representative, a building contractor representative and four licensed crane operators who have been actively engaged in crane related operations in this State for at least five years immediately preceding their appointment.
b. For a period of one year after the effective date of this act, and notwithstanding any other provisions of this act to the contrary, the first four crane operators appointed as members of the board shall not be required, at the time of their first appointment, to be licensed under the provisions of this act as crane operators.
c. The Governor shall appoint each board member for a term of three years, except that of the members first appointed, two shall serve for terms of three years, two shall serve for terms of two years and two shall serve for terms of one year. Each member shall hold office until his successor has been qualified. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. No member of the board may serve more than two successive terms, in addition to any unexpired term to which he has been appointed.
L.2003,c.171,s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-4 - Reimbursement, facilities, personnel of board.

45:26-4 Reimbursement, facilities, personnel of board.
4. Members of the board shall be reimbursed for expenses and provided with office and meeting facilities and personnel required for the proper conduct of the board's business.
L.2003,c.171,s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-5 - Meetings of board, elections, appointments.

45:26-5 Meetings of board, elections, appointments.
5. The board shall annually elect from among its members a vice-chairperson and may appoint a secretary, who need not be a member of the board. The board shall meet at least twice a year and may hold additional meetings as necessary to discharge its duties.
L.2003,c.171,s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-6 - Powers, duties of commissioner.

45:26-6 Powers, duties of commissioner.
6. The commissioner shall have the following powers and duties:
a. Administer and enforce the provisions of this act;
b. Issue and renew licenses to crane operators pursuant to the provisions of this act;
c. Suspend, revoke or fail to renew the license of a crane operator pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);
d. Adopt standards for certification that are consistent with applicable certification requirements of one or more established and nationally recognized crane operator certification programs recognized by the federal Occupational Safety and Health Administration;
e. Adopt and publish a code of ethics and standards of practice for licensed crane operators;
f. Prescribe and charge reasonable fees to support program costs associated with examinations, licenses, renewals and other services performed pursuant to this act;
g. Create any subcommittee the commissioner deems necessary to assist in the performance of his duties; and
h. Implement a schedule establishing penalties for violations of this act or any regulations hereunder.
L.2003,c.171,s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-7 - Licensure of crane operators.

45:26-7 Licensure of crane operators.
7. a. No person shall engage in the operation of a crane, offer himself for employment as a crane operator or otherwise act, attempt to act, present or represent himself as a crane operator unless licensed as such under the provisions of this act.
b. A crane operator's license shall be valid only in conjunction with a current certification and only in the specialty or specialties for which the crane operator is certified. The specialties are lattice boom crawler crane, lattice boom truck crane, telescopic boom cranes with a capacity of more than 17.5 tons and telescopic boom cranes with a capacity of less than 17.5 tons.
L.2003,c.171,s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-8 - Eligibility for licensure as crane operator.

45:26-8 Eligibility for licensure as crane operator.
8. To be eligible for a license as a crane operator, an applicant shall fulfill the following requirements:
a. Be at least 18 years of age;
b. Receive certification from the National Commission for the Certification of Crane Operators or any other organization found by the board to offer an equivalent testing and certification program meeting the requirements of the American Society of Mechanical Engineers ASME B30.5 and the accreditation requirements of the National Commission for Certifying Agencies;
c. Have at least 1,000 hours of crane-related experience; and
d. Maintain a current medical examiner's certification card.
L.2003,c.171,s.8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-9 - Application, fee, issuance of license.

45:26-9 Application, fee, issuance of license.
9. Upon payment to the commissioner of a fee and the submission of a completed written application provided by the commissioner, the commissioner shall issue a crane operator license to any person who meets the eligibility requirements of section 8 of this act.
L.2003,c.171,s.9.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-10 - Fees established by rule; use.

45:26-10 Fees established by rule; use.
10. a. The commissioner shall by rule or regulation establish, prescribe or change the fees for licenses, renewals of licenses or other services provided by the commissioner or the board pursuant to the provisions of this act. Licenses shall be issued for a period of five years and may be renewed when the applicant provides proof of re-certification, except that the board may, in order to stagger the expiration dates thereof, provide that those licenses first issued or renewed after the effective date of this act shall expire or become void on the expiration date of the certification.
b. Fees shall be established, prescribed or changed by the commissioner, in consultation with the board, to the extent necessary to defray all proper expenses incurred by the board, and any staff employed to administer this act, except that fees shall not be fixed at a level that will raise amounts in excess of the amount estimated to support the program costs.
c. All fees and any fines imposed by the commissioner shall be paid to the Department of Labor and shall be directly applied toward enforcement and administrative costs.
L.2003,c.171,s.10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-11 - Refusal to grant, suspension, revocation of license.

45:26-11 Refusal to grant, suspension, revocation of license.
11. In addition to the provisions of section 8 of P.L.1978, c.73 (C.45:1-21), the commissioner may refuse to grant or may suspend or revoke a crane operator's license upon proof to the satisfaction of the commissioner that the holder thereof has:
a. Obtained a certification or license by fraud or deceit;
b. Fraudulently or deceitfully performed work for which a license is required under this act;
c. Committed an act of gross negligence;
d. Falsely advertised;
e. Acted in a manner which demonstrates incompetence; or
f. Caused or contributed in any manner that directly or indirectly resulted in an injury to a person or damage to property.
Whenever the commissioner finds cause to refuse to grant, suspend or revoke a crane operator's license pursuant to this act or impose an administrative penalty, he shall notify the licensee of the reasons therefor, in writing, and provide opportunity for a hearing in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2003,c.171,s.11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-12 - Licensed crane operator prohibited to practice as professional engineer.

45:26-12 Licensed crane operator prohibited to practice as professional engineer.
12. No person licensed as a crane operator pursuant to this act shall engage in the practice of professional engineering, unless licensed as a professional engineer.
L.2003,c.171,s.12.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-13 - Enforcement, prosecution.

45:26-13 Enforcement, prosecution.
13. The commissioner shall enforce the provisions of this act, make complaints against persons violating its provisions, and prosecute violations of the same. The commissioner and any authorized person acting under him shall have the authority to enter and inspect any place or establishment covered by this act. If upon inspection the commissioner discovers a condition which exists in violation of the provisions of this act, he shall be authorized to order such violation to cease. The order shall state the items which are in violation of the provisions of the act, and shall provide a reasonable specified time within which the required action shall be taken by the person responsible. If the violation constitutes an imminent hazard and the commissioner's order is not obeyed, the commissioner may apply for an injunction in the Superior Court of New Jersey. Nothing in this act shall be deemed to prevent the commissioner from prosecuting any violation of this act, notwithstanding that the violations are corrected in accordance with his order.
L.2003,c.171,s.13.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-14 - Violations, penalties.

45:26-14 Violations, penalties.
14. It shall be unlawful for any person, partnership, firm association or corporation, and any officer, agent or employee thereof, to violate or proximately contribute to the violation of any of the provisions of this act or of the regulations promulgated pursuant to this act. Any violation of this act by an employee, acting within the scope of his authority, of any person, partnership, firm, association, or corporation shall be deemed also to be the violation of such person, partnership, firm, association or corporation. Violations of the provisions of this act or rules and regulations promulgated pursuant to this act shall be punishable for the first offense by a penalty of not less than $100 nor more than $10,000 and for a second or subsequent offense by a penalty of not less than $500 nor more than $100,000. The penalties shall be collected in accordance with "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). If the violation consists of refusal to obey an order of the commissioner made under this act, each day during which the violation continues shall constitute a separate and distinct offense except during the time an appeal from that order may be taken or pending.
L.2003,c.171,s.14.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-15 - Settlement of claims.

45:26-15 Settlement of claims.
15. The commissioner, in his discretion, is authorized and empowered to compromise and settle any claim for a penalty under this act for an amount that appears appropriate and equitable under all of the circumstances.
L.2003,c.171,s.15.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-16 - Deferral for holders of long boom licenses.

45:26-16 Deferral for holders of long boom licenses.
16. Crane operators, holding long boom licenses issued by the State as of the effective date of this act, shall not be required to be licensed pursuant to the provisions of this act until the expiration of their long boom licenses issued by this State.
L.2003,c.171,s.16.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:26-17 - Rules, regulations.

45:26-17 Rules, regulations.
17. The commissioner, after consultation with the board, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.
L.2003,c.171,s.17.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:27-3 - New Jersey Cemetery Board continued.

45:27-3 New Jersey Cemetery Board continued.
3. a. The New Jersey Cemetery Board is continued and established within the Division of Consumer Affairs in the Department of Law and Public Safety.
b. The board shall consist of ten members. Five members shall be persons who have served, for a period of at least five consecutive years immediately preceding appointment, as a member of the governing board or an official of a cemetery company. Two members shall be public members and shall have no interest directly or indirectly in any cemetery company or any allied industry. Each of these seven members shall be appointed by the Governor with the advice and consent of the Senate, to serve for the term of four years and until the appointment and qualification of a successor. Vacancies shall be filled in the same manner as original appointments but for the unexpired term only. One member shall be the Commissioner of Community Affairs or the commissioner's designee serving ex-officio, one member shall be the Attorney General or his designee serving ex-officio and one member shall be the designee of the Commissioner of Health and Senior Services.
c. The Governor may remove any member of the board from office for cause upon notice and opportunity to be heard.
d. The members of the board shall elect a chair and other officers from among themselves. The board shall meet at least four times each year, at the call of its chair or at the written request of two members of the board directed to its chair. The chair shall fix the time and place for the meetings.
e. The Division of Consumer Affairs shall assign its employees to serve as staff for the board.
L.2003,c.261,s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:27-4 - Responsibilities of board.

45:27-4 Responsibilities of board.
4. a. The board shall administer the provisions of this act and shall have general supervision and regulation of, and jurisdiction and control over, all cemetery companies and their property, property rights, equipment and facilities so far as may be necessary to carry out the provisions of this act.
b. The board shall adopt regulations to carry out the purposes of this act. Regulations shall be adopted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). This act and the regulations shall be enforced in accordance with P.L.1978, c.73 (C.45:1-14 et seq.) and the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. The board may adjust charges and fees as provided by section 2 of P.L.1974, c.46 (C.45:1-3.2) to defray the proper expenses of administration of this act.
d. Nothing in this act shall affect any of the powers regarding cemeteries heretofore exercised by the Attorney General.
e. Nothing in this act shall authorize the board to establish the prices at which graves or crypts may be sold or the charges made for services rendered by cemetery companies.
f. The board may institute an action in the Superior Court for injunctive or other relief or for appointment of a receiver to enforce this act or regulations established under it.
L.2003,c.261,s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:27-5 - Notice of actions, proceedings involving cemetery companies.

45:27-5 Notice of actions, proceedings involving cemetery companies.
5. The Attorney General and the board shall be served with notice of any action or proceeding by or against a cemetery company and may intervene in the action or proceeding to protect the public interest.
L.2003,c.261,s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:27-6 - Ownership, operation of cemetery, forms authorized.

45:27-6 Ownership, operation of cemetery, forms authorized.
6. A cemetery established after December 1, 1971 shall be owned or operated only by a governmental entity, a religious corporation or organization or by a cemetery company organized in accordance with this act.
L.2003,c.261,s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:27-7 - Cemetery company, nonprofit corporation, certificate of authority.

45:27-7 Cemetery company, nonprofit corporation, certificate of authority.
7. a. A cemetery company organized in accordance with this act after December 1, 1971 shall not operate a cemetery unless the company is a nonprofit corporation organized and operated in compliance with Title 15A of the New Jersey Statutes and has been issued a certificate of authority to do so by the board.
b. The application for a certificate of authority by a cemetery company shall be made in writing under oath in the form established by the board. Public notice of an application shall be provided in the agenda of the board for the first meeting of the board following receipt of the application. All applications shall be subject to public access. The application shall contain the information that the board requires to determine:
(1) the necessity for the services the applicant seeks to provide, considering present or future public need and convenience, land or territorial qualifications; and
(2) the applicant's fitness and ability to: perform proposed services; conform to this act and to board requirements; and comply with health protection regulations of the New Jersey Department of Health and Senior Services, the New Jersey Department of Environmental Protection, or a local health authority.
c. The application fee and all other fees required pursuant to this act shall be set by the board by regulation. The application fee shall not be required from any company that existed before December 1, 1971, which no longer has cemetery land to sell, and exists solely for maintenance and preservation of the cemetery.
d. The board shall not act on an application for 60 days after receipt of an application, and shall only act after public notice of the application has been provided. If the board receives a written objection to the application, it shall hold a hearing on notice to the objector and the applicant before it acts on the application.
e. A cemetery company organized prior to December 1, 1971 shall not continue to operate a cemetery unless the company has been issued a certificate of authority by the board. The board shall grant the company a certificate of authority preserving any rights and obligations of its charter subject to applicable law and regulations.
L.2003,c.261,s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:27-7.1 - Certificate of authority to provide management services for a cemetery, issuance to certain for-profit entities.

45:27-7.1 Certificate of authority to provide management services for a cemetery, issuance to certain for-profit entities.
1. a. A for-profit corporation, partnership, association or other private entity that managed or operated a cemetery in this State prior to January 14, 2004, shall be issued a certificate of authority to manage or operate a cemetery by the New Jersey Cemetery Board and may continue to manage or operate that cemetery on or after that date, notwithstanding its for-profit status and shall be subject to all the applicable provisions of the "New Jersey Cemetery Act, 2003," P.L.2003, c.261 (C.45:27-1 et seq.). A for-profit corporation, partnership, association or other private entity that managed or operated more than one cemetery in this State prior to January 14, 2004, shall be issued one certificate of authority pursuant to this subsection covering all such cemeteries.
b. On or after the effective date of this section, a for-profit corporation, partnership, association, or other private entity may, notwithstanding its for-profit status, apply to the board for, and may be granted, a certificate of authority to provide management services for a cemetery in this State and shall be subject to all the applicable provisions of the "New Jersey Cemetery Act, 2003," P.L.2003, c.261 (C.45:27-1 et seq.).
L.2006,c.26,s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:27-8 - Purposes of cemetery company.

45:27-8 Purposes of cemetery company.
8. a. The charter or certificate of incorporation of a cemetery company organized after December 1, 1971 shall state in that section of the charter devoted to the purposes for which the cemetery company is organized one or more of the following purposes:
(1) The procuring and preservation of lands to be used exclusively as a cemetery.
(2) The disposition of human remains, including maintenance and operation of land and the construction of structures including crematories, mausoleums, columbariums and other places for human remains or cremated human remains.
b. The stated purposes of the cemetery company shall be considered by the board and may be used as a basis for its determination as to whether to issue a certificate of authority.
c. Except as provided by section 9 of this act, for a cemetery company to amend its charter or certificate of incorporation, it first shall have the amendment approved by the board.
d. A cemetery company shall not be dissolved or merged without the board's approval. The board shall not approve the action unless it finds that the company has complied with regulations and has made adequate provision for maintenance and preservation.
L.2003,c.261,s.8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:27-9 - Amendment of charter, certificate of incorporation.

45:27-9 Amendment of charter, certificate of incorporation.
9. a. A cemetery company organized as a for-profit corporation may amend its charter or certificate of incorporation to operate as a nonprofit lot owner cemetery subject to the provisions of this act provided a plan for the conversion of its issued stock to certificates of interest is first approved by a majority of its stockholders, and by a majority of the owners of interment spaces in attendance at and voting at a meeting called for that purpose. The stockholders shall be given 10 days' notice of the meeting by mail and the owners of interment spaces shall be notified of the meeting by a notice published at least 10 days in advance of the meeting date in a newspaper qualified to publish legal notices and circulated in the county in which the cemetery is located. The notice shall set forth the purpose of the meeting.
b. Upon approval of its stockholders and the owners of interment spaces, the cemetery company shall file a certified copy of the amended charter with the board, and pay the filing fees. The cemetery company, at the same time, shall make any filing required by the Division of Commercial Recording in the Department of the Treasury.
L.2003,c.261,s.9.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:27-10 - Voting rights of members.

45:27-10 Voting rights of members.
10. a. In a cemetery company organized under this act, each owner of a grave, crypt or niche shall be a member of the cemetery company and shall have one vote for each grave, crypt or niche owned whenever voting by the members is required under the provisions of any law. Voting shall be subject to the following qualifications:
(1) If a grave, crypt or niche is owned by more than one person, then a majority of its owners shall decide among themselves who shall cast the vote.
(2) An owner shall not be entitled to vote unless all charges and assessments against the grave, crypt or niche have been paid.
(3) Proxy voting shall be permitted except that a proxy shall not be valid for more than three years after its date.
(4) Any person who owns certificates of interest or indebtedness shall have one vote for each $250 of the face amount of the certificates.
(5) A corporation, partnership or association that owns more than one grave, crypt or niche shall have one vote for each grave, crypt or niche owned, except that it shall not have more than 100 votes.
b. The directors or trustees of a cemetery company shall hold an annual meeting and report at each annual meeting on their activities and management and the condition of the property and affairs of the cemetery company. At least 20 days before the annual meeting a notice of the meeting shall be placed at some prominent place at the office of the cemetery company and shall be published in a newspaper having general circulation in the county in which the cemetery is located.
L.2003,c.261,s.10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:27-11 - Reinstatement in perpetuity of certain cemetery associations.

45:27-11 Reinstatement in perpetuity of certain cemetery associations.
11. `The charter of any cemetery association, incorporated pursuant to prior laws whose period of corporate existence has terminated by lapse of time, which has continued to operate a cemetery in which burials have been made after corporate existence has terminated, may be reinstated in perpetuity upon the recording in the office of the clerk of the county in which the certificate of incorporation of the association is recorded, of a certificate of extension of corporate existence, executed and acknowledged by five or more owners of lots in the cemetery of the cemetery company stating, under oath, that the cemetery company has been engaged in operating a cemetery and that burials have been made in the cemetery since the termination of its corporate existence and upon the recording of the certificate, the charter of the cemetery company shall be reinstated and the corporate existence of the cemetery company shall be extended.
L.2003,c.261,s.11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:27-12 - Maintenance and Preservation Fund.

45:27-12 Maintenance and Preservation Fund.
12. a. It is the public policy of this State that a primary obligation of each cemetery company shall be the creation of a fund for the permanent maintenance and preservation of the cemetery.
b. Every cemetery company shall establish an irrevocable trust fund, called the Maintenance and Preservation Fund, the income from which shall be expended for the maintenance and preservation of the cemetery.
c. A cemetery company shall make the deposits to the Maintenance and Preservation Fund required by this act and may make additional deposits.
d. The Maintenance and Preservation Fund shall be established in a State or federally regulated financial institution having and maintaining a principal place of business within this State. The fund shall be invested in accordance with the "Prudent Investor Act," P.L.1997, c.26 (C.3B:20-11.1 et seq.) and the income may be applied only to the maintenance of the cemetery.
e. For the purposes of this section, except as provided by regulations of the board, capital gains shall not be considered income, and shall be retained as principal.
f. The board shall supervise the creation and operation of the Maintenance and Preservation Fund and may regulate its operation and use.
L.2003,c.261,s.12.