reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-15 - Fees; one-year licenses; fees only to defray expenses.

45:14D-15 Fees; one-year licenses; fees only to defray expenses.
15. a. The director shall by rule or regulation establish, prescribe or change the fees for licenses, renewals of licenses or other services. Licenses shall expire one year from the date of issue unless the holder thereof shall, 30 days before such expiration, pay to the director a renewal fee accompanied by a renewal application on a form prescribed by the director.
b. The director's fees established, prescribed or changed pursuant to this section shall be established, prescribed or changed to such extent as shall be necessary to defray all proper expenses incurred by the director and any staff employed to administer this act; but such fees shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required.
c. All fees and any fines imposed by the director shall be paid to the director and shall be forwarded by the director to the State Treasurer and become part of the General Fund.
d. There shall be annually appropriated to the Department of Law and Public Safety for the use of the director such sums as shall be necessary to implement and effectuate the provisions of this act.
L.1981, c.311, s.15; amended 1993, c.365, s.9; 2010, c.87, s.33.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-16a - License required.

45:14D-16a License required.
3. It shall be an unlawful practice for a person who does not hold a license to engage in the business of public moving or storage issued pursuant to section 9 of P.L.1981, c.311 (C.45:14D-9) to offer to perform activities or services subject to regulation under P.L.1981, c.311 (C.4514D-1 et seq.) or advertise or cause to be advertised, via an Internet website or by any other means, that the person may perform such activities or services in this State. Nothing in this section shall be construed to impose liability on any news media for accepting or publishing advertising that may fall within the scope of P.L.1981, c.311 (C.45:14D-1 et seq.) if that advertising is provided by or on behalf of a third party unrelated to the news media entity.
L.2019, c.216, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-16b - Unlawful practice regarding consumer property.

45:14D-16b Unlawful practice regarding consumer property.
4. It shall be an unlawful practice for a public mover, warehouseman, or any other person, whether or not holding a license issued pursuant to section 9 of P.L.1981, c.311 (C.45:14D-9), who engages in the business of public moving or storage who knows, or reasonably should know, that the lawfully agreed charges for the moving or storage services have been paid in full by a consumer, to withhold or fail to timely release the consumer's property to the consumer, or to threaten to withhold or fail to timely release the consumer's property to the consumer, or to demand payment beyond or in addition to the lawfully agreed charges for the moving or storage services. Nothing in this section shall be construed to preclude or limit the prosecution or conviction of any person for theft by failure to make required disposition of property in violation of N.J.S.2C:20-9, or any other applicable criminal offense enumerated in chapter 20 of Title 2C.
L.2019, c.216, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-16c - License required for use of motor vehicle in business of public moving.

45:14D-16c License required for use of motor vehicle in business of public moving.
5. a. A person owning or operating a motor vehicle who shall use or direct another person to use his motor vehicle for engaging in the business of public moving without having a license as provided for in section 9 of P.L.1981, c.311 (C.45:14D-9), commits a disorderly persons offense. The first offense is punishable by a fine of $500, and the motor vehicle so used may be impounded; the second or any subsequent offense is punishable by a fine of $1,000, and the motor vehicle so used may be impounded. In the event of such an impoundment, the person owning or operating the motor vehicle shall notify any consumer whose property is contained in the motor vehicle and shall arrange for the expeditious return of the property to the consumer at the expense of the person owning or operating the motor vehicle.
b. Any law enforcement officer is authorized to remove any motor vehicle used to engage in the business of public moving without having a license as provided for in section 9 of P.L.1981, c.311 (C.45:14D-9) from the public highway to a storage space or garage, and the expense involved in such removal and storing of the vehicle shall be borne by the owner of the vehicle, except that the expense shall be borne by the lessee of a leased vehicle.
L.2019, c.216, s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-16d - Unlicensed person engaging in public moving, storage; crime, penalties.

45:14D-16d Unlicensed person engaging in public moving, storage; crime, penalties.
6. Any person who does not hold a license to engage in the business of public moving or storage issued pursuant to section 9 of P.L.1981, c.311 (C.45:14D-9), who holds himself out as a public mover or warehouseman or as providing mover's services or storage services as defined in section 2 of P.L.1981, c.11 (C.45:12D-2) and engages in the business of public moving or storage shall be guilty of a disorderly persons offense and shall, upon conviction, be punished by a fine of up to $1,000, or by imprisonment for up to six months, or by both fine and imprisonment. A motor vehicle used to commit a violation of P.L.1981, c.311 (C.45:14D-1 et seq.) may be impounded, and may be held as collateral to secure payment of any fines or towing and storage costs related to the violation and impoundment.
L.2019, c.216, s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-17 - Investigations of suspected violations.

45:14D-17 Investigations of suspected violations.
7. Whenever it shall appear to the director or the Attorney General that a person has engaged in, or is engaging in, any act or practice declared unlawful by P.L.1981, c.311 (C.45:14D-1 et seq.), or when the director or the Attorney General shall deem it to be in the public interest to inquire whether a violation may exist, the director through the Attorney General, or the Attorney General acting independently, may:
a. Require any person to file, on a form to be prescribed, a statement or report in writing under oath, or otherwise, as to the facts and circumstances concerning the rendition of any service or conduct of any sale incidental to the discharge of any act or practice subject to that act;
b. Examine under oath any person in connection with any act or practice subject to that act;
c. Inspect any premises from which the activity regulated by that act is conducted;
d. Examine any goods, ware or item used in the rendition of any service by a public mover or warehouseman;
e. Examine any record, book, document, account or paper maintained by or for any public mover or warehouseman in the regular course of engaging in the activities regulated by that act or regulations promulgated pursuant to that act;
f. For the purpose of preserving evidence of an unlawful act or practice, pursuant to an order of the Superior Court, impound any record, book, document, account, paper, goods, ware, or item used or maintained by or for any public mover or warehouseman in the regular course of engaging in the activities regulated by that act or regulations promulgated pursuant to that act. When necessary, the Superior Court may, on application of the Attorney General, issue an order sealing items or material subject to this subsection.
In order to accomplish the objectives of P.L.1981, c.311 (C.45:14D-1 et seq.) or the regulations promulgated pursuant to that act, the director or the Attorney General may hold investigative hearings as necessary and may issue subpoenas to compel the attendance of any person or the production of books, records or papers at a hearing or inquiry.
L.1984, c.140, s.7; amended 1993, c.365, s.11; 2010, c.87, s.35.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-18 - Court order.

45:14D-18 Court order.
8. If a person fails or refuses to file any statement or report, or refuses access to premises from which activities regulated by P.L.1981, c.311 (C.45:14D-1 et seq.) are conducted in any lawfully conducted investigative matter or fails to obey a subpoena issued pursuant to that act, the director or the Attorney General may apply to the Superior Court and obtain an order:
a. Adjudging that person in contempt of court and assessing civil penalties in accordance with the amounts prescribed by that act; or
b. Granting other relief as required; or
c. Suspending the license of that person until compliance with the subpoena or investigative demand is effected.
L.1984, c.140, s.8; amended 1993, c.365, s.12; 2010, c.87, s.36.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-19 - Refusal to testify on grounds of incrimination; compliance with direction to testify; immunity from penalty or forfeiture

45:14D-19. Refusal to testify on grounds of incrimination; compliance with direction to testify; immunity from penalty or forfeiture
If a person who refuses to testify or produce any book, paper, or other document in any proceeding under P.L.1981, c. 311 (C. 45:14D-1 et seq.) for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him, or convict him of a crime, is directed to testify or to produce the book, paper, or document by the Attorney General, he shall comply with the direction.
A person who is entitled by law to, and does assert a privilege, and who complies with the direction of the Attorney General, shall not thereafter be prosecuted or subject to any penalty or forfeiture in any criminal proceeding which arises out of and relates to the subject matter of the proceeding. No person so testifying shall be exempt from prosecution or punishment for perjury or false swearing committed by him in giving the testimony or from any civil or administrative action arising from the testimony.
L.1984, c. 140, s. 9, eff. Sept. 6, 1984.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-20 - Additional penalties.

45:14D-20 Additional penalties.
10. In addition or as an alternative, as the case may be, to revoking, suspending or refusing to renew any license, the director may, after affording an opportunity to be heard:
a. Assess civil penalties in accordance with P.L.1981, c.311 (C.45:14D-1 et seq.);
b. Order that any person violating any provision of that act cease and desist from future violations thereof or take affirmative corrective action as necessary with regard to any act or practice found to be unlawful by the director;
c. Order any person found to have violated any provision of that act to restore or to return to any person aggrieved by an unlawful act or practice any moneys or property, real or personal, acquired by means of that act or practice; except that the director shall not order restoration in a dollar amount greater than those moneys received by a licensee or his agent or any other person violating that act.
In any administrative proceeding on a complaint alleging a violation of that act, the director may issue subpoenas to compel the attendance of witnesses or the production of books, records, or documents at the hearing on the complaint.
L.1984, c.140, s.10; amended 1993, c.365, s.13; 2010, c.87, s.37.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-21 - Injunctive relief.

45:14D-21 Injunctive relief.
11. Whenever it shall appear to the director or the Attorney General that a violation of P.L.1981, c.311 (C.45:14D-1 et seq.), including the unlicensed practice of the activities regulated therein, has occurred, is occurring, or will occur, the Attorney General, in addition to any other proceeding authorized by law, may seek and obtain in a summary proceeding in the Superior Court an injunction prohibiting the act or practice. In the proceeding the court may assess a civil penalty in accordance with the provisions of that act, order restoration to any person in interest of any moneys or property, real or personal, acquired by means of an unlawful act or practice and may enter any orders necessary to prevent the performance of an unlawful practice in the future and to remedy fully any past unlawful activity. In any action brought pursuant to this section, the court shall not suspend or revoke any license issued by the director.
L.1984, c.140, s.11; amended 1993, c.365, s.14; 2010, c.87, s.38.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-22 - Docketing of judgment.

45:14D-22 Docketing of judgment.
12. Upon the failure of any person to comply within 10 days after service of any order of the director directing payment of penalties or restoration of moneys or property, the Attorney General or the director may issue a certificate to the Clerk of the Superior Court that the person is indebted to the State for the payment of the penalty and the moneys or property ordered restored. A copy of the certificate shall be served upon the person against whom the order was entered. Thereupon the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted and of the State, a designation of the statute under which the penalty is imposed, the amount of the penalty imposed, and amount of moneys ordered restored, a listing of property ordered restored, and the date of the certification. The entry shall have the same force and effect as the entry of a docketed judgment in the Superior Court, and the Attorney General shall have all rights and remedies of a judgment creditor, in addition to exercising any other available remedies. The entry, however, shall be without prejudice to the right of appeal to the Appellate Division of the Superior Court from the director's order.
An action to enforce the provisions of an order entered by the director or to collect a penalty levied thereby may be brought in any municipal or Special Civil Part of the Law Division of the Superior Court or the Superior Court in a summary manner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and the rules of court governing the collection of civil penalties. Process in the action shall be by summons or warrant, and if the defendant fails to answer the action, the court shall issue a warrant for the defendant's arrest for the purpose of bringing the person before the court to satisfy any order entered.
L.1984, c.140, s.12; amended 1993, c.365, s.15; 2010, c.87, s.39.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-23 - Violation of cease and desist order.

45:14D-23 Violation of cease and desist order.
13. When it shall appear to the director or the Attorney General that a person against whom a cease and desist order has been entered has violated the order, the director or the Attorney General may initiate a summary proceeding in the Superior Court for the violation thereof. Any person found to have violated a cease and desist order shall pay to the State of New Jersey civil penalties in the amount of not more than $25,000.00 for each violation of the order. If a person fails to pay a civil penalty assessed by the court for violation of a cease and desist order, the court assessing the unpaid penalty is authorized, upon application of the director or the Attorney General, to grant any relief which may be obtained under any statute or court rule governing the collection and enforcement of penalties.
L.1984, c.140, s.13; amended 1993, c.365, s.16; 2010, c.87, s.40.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-24 - Person with ascertainable loss due to unlawful act; action or counterclaim; triple damages; attorney's fees, filing fees and costs

45:14D-24. Person with ascertainable loss due to unlawful act; action or counterclaim; triple damages; attorney's fees, filing fees and costs
Any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another person of any method, act, or practice declared unlawful under P.L.1981, c. 311 (C. 45:14D-1 et seq.) may bring an action or assert a counterclaim therefor in any court of competent jurisdiction. In any action under this section the court shall, in addition to any appropriate legal or equitable relief, award threefold the damages sustained by any person in interest. In all actions under this section the court shall also award reasonable attorney's fees, filing fees, and reasonable costs of suit.
L.1984, c. 140, s. 14, eff. Sept. 6, 1984.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-25 - Insurance requirements.

45:14D-25 Insurance requirements.
15. No license shall be issued to a warehouseman or mover or remain in force unless the warehouseman or mover complies with the rules or regulations that the director shall prescribe governing policies of insurance, qualifications as a self-insurer or other securities or agreements in the amount that the director may require.
L.1984, c.140, s.15; amended 1993, c.365, s.17; 2010, c.87, s.41.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-25.1 - Contracting public mover, additional coverage of certain owner-operators.

45:14D-25.1 Contracting public mover, additional coverage of certain owner-operators.
4. A contracting public mover shall add as an additional covered insured under its policies of insurance or other securities or agreements, as required pursuant to section 15 of P.L.1984, c.140 (C.45:14D-25), any owner-operator contracted to perform any mover's services of the public mover, or secure and maintain separate insurance coverage, or other securities or agreements, of the type and amount required pursuant to regulation for the public mover's liability for any act or omission of an owner-operator for which the public mover is liable pursuant to P.L.1981, c.311 (C.45:14D-1 et seq.) and any applicable regulation.
L.2007, c.50, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-25.2 - Public mover, proof of insurance, workers compensation coverage required of owner-operator.

45:14D-25.2 Public mover, proof of insurance, workers compensation coverage required of owner-operator.
5. a. An owner-operator, in order to enter into any contract with a public mover to perform any mover's services of the public mover, shall secure and maintain insurance, or other securities or agreements for workers' compensation coverage, of the type and amount required pursuant to regulation.
b. A public mover shall not contract with an owner-operator until the owner-operator presents the public mover with proof of adequate workers' compensation coverage.
L.2007, c.50, s.5; amended 2009, c.295, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-25.3 - Rules, regulations.

45:14D-25.3 Rules, regulations.
6. The director shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.
L.2007, c.50, s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-26 - Notification to BPU of unlicensed mover.

45:14D-26 Notification to BPU of unlicensed mover.
3. The director shall notify the Board of Public Utilities of the business location and telephone number of any public mover that does not have a valid license issued by the director.
L.1998, c.60, s.3; amended 2010, c.87, s.42.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-27 - Order to disconnect unlicensed mover's telephone.

45:14D-27 Order to disconnect unlicensed mover's telephone.
4. When notified by the director pursuant to section 3 of P.L.1998, c.60 (C.45:14D-26), the Board of Public Utilities shall order the servicing telecommunications company to disconnect that mover's telephone number that is published in any commercial listing.
L.1998, c.60, s.4; amended 2010, c.87, s.43.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-28 - Disconnection of unlicensed mover's telephone.

45:14D-28 Disconnection of unlicensed mover's telephone.
5. When ordered by the Board of Public Utilities pursuant to section 4 of P.L.1998, c.60 (C.45:14D-27), the telecommunications company shall disconnect that mover's telephone number that is published in any commercial listing.
L.1998,c.60,s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-29 - Furnishing of binding estimate in writing; violations, penalties.

45:14D-29 Furnishing of binding estimate in writing; violations, penalties.
6. a. If a binding estimate is used for moving, the estimate shall be furnished in writing to the customer or other person responsible for payment of the charges for the mover's services and a copy of the estimate shall be retained by the public mover as an addendum to the bill of lading. A binding estimate shall clearly indicate on its face that the estimate is binding on the public mover and that the charges shown are the charges to be assessed for the services identified in the estimate. A binding estimate shall clearly describe the property to be moved and all services to be provided. If, at the time of the move, additional property is to be moved or additional services are to be provided, or both, that are in excess of that provided in the binding estimate, the mover shall not charge, demand, collect or receive a greater compensation for those services than specified in his filed tariff.
b. (1) No mover shall withhold all or any part of a shipment if the amount due on the moving contract based on a binding estimate in regard to the move is offered to be paid, or is paid, in full to the mover.
(2) No mover shall withhold all or any part of a shipment pursuant to a moving contract not based on a binding estimate unless the mover discloses in the moving contract that the mover may withhold all or a part of the shipment for payment of the freight bill.
c. A mover shall disclose in the moving contract that the mover may not withhold all or any part of a shipment if:
(1) the moving contract is based on a binding estimate and the amount due on a binding estimate for the move is offered to be paid, or is paid, in full to the mover; and
(2) the moving contract is not based on a binding estimate and the mover has not otherwise disclosed in the moving contract that the mover may withhold all or any part of the shipment for payment of the freight bill.
d. A mover which violates any provision of this section shall be liable to a civil penalty of not less than $1,000 nor more than $5,000 for a first violation and not less than $5,000 nor more than $10,000 for a subsequent violation. The penalty prescribed in this section shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).
L.1998,c.60,s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14D-30 - Annual report.

45:14D-30 Annual report.
7. The Division of Consumer Affairs shall annually submit a report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), which provides information on the enforcement and violations of P.L.1981, c.311 (C.45:14D-1 et seq.). The report shall include a description of all enforcement proceedings undertaken at the State and local levels and violations of P.L.1981, c.311 (C.45:14D-1 et seq.) in the preceding year and may include recommendations to improve enforcement of P.L.1981, c.311 (C.45:14D-1 et seq.).
L.2019, c.216, s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-2 - Findings, declarations

45:14E-2. Findings, declarations
The Legislature finds and declares that the public interest requires the regulation of the practice of respiratory care and the establishment of clear licensure standards for respiratory care practitioners; and that the health and welfare of the citizens of this State will be protected by identifying to the public those individuals who are qualified and legally authorized to practice respiratory care.
L.1991,c.31,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-3 - Definitions.

45:14E-3 Definitions.
3. As used in this act:
a. "Board" means the State Board of Respiratory Care established pursuant to section 4 of P.L.1991, c.31 (C.45:14E-4).
b. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
c. "Respiratory care" means the health specialty involving disease prevention, treatment, management, control, and care for patients with deficiencies and abnormalities of the cardiac and pulmonary system. The care shall include the use of medical gases, air and oxygen-administering apparatus, environmental control systems, humidification and aerosols, drugs and medications, apparatus for cardiopulmonary support and control, postural drainage, chest percussion and vibration and breathing exercise, pulmonary rehabilitation, performance of cardiopulmonary resuscitation, maintenance of natural and mechanical airways, insertion and maintenance of artificial airways, and insertion and maintenance of peripheral arterial and peripheral venous catheters. The care shall also include testing techniques to assist in diagnosis, monitoring, treatment, and research, including but not necessarily limited to, the measurement of cardiopulmonary volumes, pressure and flow, and the drawing and analyzing of samples of arterial, capillary, and venous blood. Respiratory care shall also include: educating patients and caregivers about respiratory care procedures as part of a patient's disease management program; and providing professional consultation services to health care, educational, and community organizations, and State and local agencies.
d. "Respiratory care practitioner" means a person licensed by the board to practice respiratory care under the direction or supervision of a licensed physician, physician assistant, or advanced practice nurse, and who may transcribe and implement written, verbal, and protocol orders for respiratory care.
e. "Respiratory care protocols" means policies and protocols developed by a licensed health care facility through collaboration, when appropriate, with administrators, physicians, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care practitioners.
f. "Respiratory care education program" means a program of respiratory care education accredited by the Commission on Accreditation for Respiratory Care (CoARC), or its predecessor or successor organization.
L.1991, c.31, s.3; amended 2004, c.167, s.1; 2017, c.120, s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-4 - State Board of Respiratory Care created

45:14E-4. State Board of Respiratory Care created
There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Respiratory Care. The board shall consist of 11 members who are residents of the State, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.). Of the remaining eight members six shall be licensed respiratory care practitioners who have been actively engaged in the practice of respiratory care in this State for at least five years immediately preceding their appointment, one shall be the administrator of a hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) and one shall be a physician licensed to practice medicine and surgery pursuant to chapter 9 of Title 45 of the Revised Statutes. The six respiratory care practitioners initially appointed need not be licensed in this State.
The Governor shall appoint members to the board with the advice and consent of the Senate. The Governor shall appoint each member for a term of three years, except that of the respiratory care practitioner members first appointed, two shall serve for terms of three years, two shall serve for terms of two years and two shall serve for a term 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 shall serve more than two successive terms in addition to any unexpired term to which he has been appointed.
L.1991,c.31,s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-5 - Compensation for board members

45:14E-5. Compensation for board members
Members of the board shall be compensated and reimbursed for expenses and provided with office and meeting facilities pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5).
L.1991,c.31,s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-6 - Election of officers, meetings.

45:14E-6 Election of officers, meetings.
6. The board shall annually elect from among its members a chairman and a vice-chairman. The board shall meet quarterly and may hold additional meetings as necessary to discharge its duties.
L.1991,c.31,s.6; amended 2004, c.167, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-7 - Duties of the board

45:14E-7. Duties of the board
The board shall:
a. Review the qualifications of applicants for licensure;
b. Insure the proper conduct and standards of examinations;
c. Issue and renew licenses to respiratory care practitioners pursuant to this act;
d. Suspend, revoke or fail to renew the license of a respiratory care practitioner pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);
e. Maintain a record of every respiratory care practitioner licensed in this State, his place of business, his place of residence, and the date and number of his license;
f. Promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to carry out the provisions of this act, except that the initial rules and regulations shall be promulgated by the director; and
g. Establish fees for applications for licensure, examinations, initial licensure, renewals, late renewals, temporary licenses and for duplication of lost licenses, pursuant to section 2 of P.L.1974, c.46 (C.45:1-3.2).
L.1991,c.31,s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-8 - Appointment of Executive Director

45:14E-8. Appointment of Executive Director
The Executive Director of the board shall be appointed by the director and shall serve at the director's pleasure. The salary of the Executive Director shall be determined by the director within the limits of available funds. The director shall be empowered within the limits of available funds to hire any assistants as are necessary to administer this act.
L.1991,c.31,s.8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-9 - Licensing for respiratory care practitioners required.

45:14E-9 Licensing for respiratory care practitioners required.
9. a. No person shall practice, nor present himself as able to practice, respiratory care unless he possesses a valid license as a respiratory care practitioner in accordance with the provisions of P.L.1991, c.31 (C.45:14E-1 et seq.). A person who possesses a valid license as a respiratory care practitioner may use the title, "licensed respiratory care practitioner" and the abbreviation, "LRCP," "RCP," or "RCP-L." A person who does not possess a valid license as a respiratory care practitioner shall not use the terms "inhalation therapy," "respiratory therapy," "respiratory therapy technician," "pulmonary therapy," "pulmonary technician," or any other terms, letters, abbreviations, or insignia indicating or implying that the person is a respiratory care practitioner or directly or by implication represent in any way that the person is a respiratory care practitioner, in connection with the person's practice.
b. This section shall not be construed to prohibit a person enrolled in a respiratory care education program from performing those duties essential for completion of a trainee's clinical service, provided the duties are performed under the supervision and direction of a physician or licensed respiratory care practitioner.
c. Nothing in P.L.1991, c.31 (C.45:14E-1 et seq.) is intended to limit the provision of respiratory care services rendered in the course of an emergency by a certified emergency medical technician or paramedic or other person licensed to practice medicine, dentistry, or podiatry, or other health care professional trained to render emergency services.
d. Nothing in P.L.1991, c.31 (C.45:14E-1 et seq.) shall confer the authority of a person licensed under that act to perform or operate any apparatus used in the performance of extracorporeal circulation or oxygenation.
e. Nothing in P.L.1991, c.31 (C.45:14E-1 et seq.) is intended to limit, preclude, or otherwise interfere with the practices of other persons and health providers licensed by appropriate agencies of the State of New Jersey, so long as those duties are consistent with the accepted standards of the member's profession and the member does not present himself as a respiratory care practitioner.
f. Nothing in P.L.1991, c.31 (C.45:14E-1 et seq.) shall confer the authority to a person licensed to practice respiratory care to practice another health profession as currently defined in Title 45 of the Revised Statutes.
L.1991, c.31, s.9; amended 2004, c.167, s.3; 2017, c.120, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-10 - Licensing of qualified applicants

45:14E-10. Licensing of qualified applicants
10. The board shall license as a respiratory care practitioner any applicant whom the board determines to be qualified to perform the duties of a respiratory care practitioner. In making a determination, the board shall require evidence that the applicant has successfully completed a respiratory care training program which meets the board's approval and that he successfully completes an examination prescribed by the board. The fee prescribed by the board shall accompany the application.
L.1991,c.31,s.10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-11 - Issuance of license, renewal

45:14E-11. Issuance of license, renewal
Licenses shall be issued for a period of two years, except in the case of a temporary license issued pursuant to section 14 or 15 of this act, and may be renewed upon submission of a renewal application provided by the board and payment of a fee. If the renewal fee is not paid by the expiration date, the license shall automatically expire, but may be renewed within two years of its expiration date on payment to the board of a sum determined by it for each year or part thereof during which the license was expired and an additional restoration fee. After a two-year period, a license may only be renewed by complying with the provisions of this act regarding initial licensure.
L.1991,c.31,s.11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-12 - Written examination required for licensure.

45:14E-12 Written examination required for licensure.
12. The written examination provided for in section 10 of this act shall test the applicant's knowledge of basic and clinical sciences as they relate to respiratory care and respiratory care theory and procedures and any other subjects the board may deem useful to test the applicant's fitness to practice respiratory care or act as a respiratory care practitioner.
L.1991,c.31,s.12; amended 2004, c.167, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-13 - Licensing of out-of-State license holders

45:14E-13. Licensing of out-of-State license holders
Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board shall issue without examination a license to a respiratory care practitioner who holds a valid license issued by another state or possession of the United States or the District of Columbia which has education and experience requirements substantially equivalent to the requirements of this act; provided, that, the applicant has not previously failed the board exam referred to in section 15 of this act, in which case licensing shall be at the discretion of the board.
L.1991,c.31, s.13.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-14 - Issuance of temporary license.

45:14E-14 Issuance of temporary license.
14. Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board may issue without examination a temporary license to practice respiratory care in this State to a person who provides evidence that the person is qualified to engage in the practice of respiratory care, and is in the State on a temporary basis to assist in a medical emergency or to engage in a special project or teaching assignment relating to respiratory care practice. A temporary license shall expire one year from its date of issuance, however, it may be renewed by the board for an additional one-year period. A temporary license shall be surrendered to the board upon its expiration.
L.1991, c.31, s.14; amended 2017, c.120, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-15 - Issuance of license, respiratory therapist.

45:14E-15 Issuance of license, respiratory therapist.
15. The board shall issue a license to perform respiratory care to an applicant who has passed the Registered Respiratory Therapist or the Certified Respiratory Therapist examination offered by the National Board for Respiratory Care or by a successor organization.
L.1991, c.31, s.15; amended 2017, c.120, s.3; 2023, c.176.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-16 - Continuing education requirements, duties of board.

45:14E-16 Continuing education requirements, duties of board.
6. a. The board shall require each respiratory care practitioner, as a condition of biennial license renewal pursuant to section 1 of P.L.1972, c.108 (C.45:1-7), to complete any continuing education requirements imposed by the board pursuant to this section.
b. The board shall:
(1) Promulgate rules and regulations for implementing continuing education requirements as a condition of license renewal for licenses issued under its jurisdiction;
(2) Establish standards for continuing education, including the subject matter and content of courses of study, competency assessments, and the number and type of continuing education credits required of a licensee as a condition of biennial license renewal;
(3) Recognize the New Jersey Society for Respiratory Care, the American Association for Respiratory Care, and other entities or persons approved by the board as providers of continuing education, and accredit educational programs, including, but not limited to, lectures, seminars, examinations, papers, publications, presentations, and teaching and research appointments, and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs. In the case of education courses or programs, each hour of instruction shall be equivalent to one credit; however, credit shall not be denied for education programs provided as part of a symposium or multi-day program event if the aggregate duration of the accredited continuing education completed at the symposium or multi-day program event is at least one hour in duration. Credit for continuing education shall not be issued for any program of activities designed to fulfill assigned general employment responsibilities specific to the expectations of an employer; and
(4) Approve only those continuing education programs as are available to all respiratory care practitioners in this State on a reasonable, nondiscriminatory basis.
L.2004, c.167, s.6; amended 2017, c.120, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-17 - Discretionary waiver of requirements.

45:14E-17 Discretionary waiver of requirements.
7. The board may, in its discretion, waive requirements for continuing education on an individual basis for reasons of hardship, such as health or other good cause.
L.2004,c.167,s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14E-18 - Continuing education credits not required in certain cases; transition requirements.

45:14E-18 Continuing education credits not required in certain cases; transition requirements.
8. The board shall not require completion of continuing education credits for initial registrations. The board shall not require completion of continuing education credits for any registration periods commencing within 12 months of the effective date of P.L.2004, c.167 (C. 45:14E-16 et al.). The board shall require completion of continuing education credits on a pro rata basis for any registration periods commencing more than 12 but less than 24 months following the effective date of P.L.2004, c.167 (C.45:14E-16 et al.).
L.2004,c.167,s.8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14F-2 - Definitions

45:14F-2. Definitions
2. As used in this act:
"Another state or other state" means any other state, the District of Columbia, the Commonwealth of Puerto Rico and any other possession or territory of the United States.
"Appraisal" or "real estate appraisal" means an unbiased analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, real estate. An appraisal may be classified by subject matter into either a valuation or an analysis. A "valuation" means an estimate of the value of real estate or real property and an "analysis" means a study of real estate or real property other than a valuation.
"Appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased appraisal.
"Appraisal Foundation" means the Appraisal Foundation incorporated in the State of Illinois as a nonprofit corporation on November 30, 1987, as denominated in Title XI of Pub.L.101-73 (12 U.S.C. s.3331 et seq.).
"Appraisal report" means any written communication of an appraisal.
"Appraisal Subcommittee" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, as created by section 1102 of Title XI of Pub.L.101-73 (12 U.S.C. s.3310).
"Approved education provider" means a provider of real estate appraisal education courses who is approved by the board.
"Board" means the State Real Estate Appraiser Board established pursuant to section 3 of this act.
"Certified appraisal" or "certified appraisal report" means an appraisal or appraisal report given or signed by a State certified general or residential real estate appraiser.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or his designee.
"Federally related transaction" shall have the meaning ascribed to that term in section 1121 of Title XI of Pub.L.101-73 (12 U.S.C. s.3350).
"Licensed appraisal" or "licensed appraisal report" means an appraisal or appraisal report given or signed by a State licensed real estate appraiser.
"Real estate" means an identified parcel or tract of land, including improvements thereon, if any.
"Real property" means one or more defined interests, benefits or rights inherent in real estate.
"State certified real estate appraiser" or "State certified general or residential real estate appraiser" means an individual who holds a current, valid certificate for real estate appraisal pursuant to the provisions of this act and is recognized as being more knowledgeable of and experienced in real estate appraisals than a State licensed real estate appraiser.
"State licensed real estate appraiser" means an individual who holds a current, valid license for real estate appraisal pursuant to the provisions of this act.
L.1991,c.68,s.2; amended 1991,c.408,s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14F-3 - Real estate appraiser board created.

45:14F-3 Real estate appraiser board created.
3. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety a State Real Estate Appraiser Board. The board shall consist of 11 members who are residents of the State, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of section 2 of P.L.1971, c.60 (C.45:1-2.2). Of the remaining eight members, three shall be, except for those first appointed, State licensed real estate appraisers, three shall be, except for those first appointed, State certified real estate appraisers, and two shall be representatives of the appraisal management company industry, each of whom shall be State certified real estate appraisers or State licensed real estate appraisers. One representative of the appraisal management company industry shall be affiliated with an appraisal management company that is owned, in whole or in part, by a federally regulated financial institution, and one representative of the appraisal management company industry shall be affiliated with an appraisal management company that is not owned, in whole or in part, by a federally regulated financial institution. The initial real estate appraiser members of the board may hold a real estate appraisal designation from an organization recognized by the Appraisal Foundation, but these appointments shall not be granted or denied on the basis of organizational membership alone.
The Governor shall appoint the public members, the real estate appraiser members, and the representatives of the appraisal management company industry to the board with the advice and consent of the Senate. The Governor shall appoint each member for a term of three years, except that with regard to the real estate appraiser 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 serve 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 by the original appointment. No member of the board shall serve more than two successive terms in addition to any unexpired term to which he has been appointed. The Governor may remove a member of the board for cause.
L.1991, c.68, s.3; amended 2017, c.72, s.24.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:14F-4 - Election of officers, compensation

45:14F-4. Election of officers, compensation
a. The board shall annually elect from among its members a President and Vice-President. The board shall meet at least twice each year and may hold additional meetings, as necessary to discharge its duties. In addition to such meetings, the board shall meet at the call of the President, the director or the Attorney General.
b. Members of the board shall be compensated and reimbursed for expenses and provided with office and meeting facilities pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5).
L.1991,c.68,s.4.