reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 2B - CERTIFICATE OF DOMESTIC PARTNERSHIP › Subchapter 2 - ESTABLISHING A DOMESTIC PARTNERSHIP › Section 8:2B-2.2 - Issuance of a Certificate of Domestic Partnership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon filing by the
				persons seeking to become domestic partners of the Affidavit of Domestic Partnership
				with the local registrar and upon receipt by the local registrar of the appropriate
				fee pursuant to 8:2B-2.3, the local registrar shall
				immediately complete a Certificate of Domestic Partnership containing the domestic
				partners' relevant information and the date that the domestic partnership was
				established.
(b) After completing a
				Certificate of Domestic Partnership pursuant to (a) above, the local registrar shall
				issue to the domestic partners two copies of the Certificate of Domestic Partnership
				and two copies of the Notice of the Rights and Obligations of Domestic Partners.
1. Blank forms of Certificates of Domestic
				Partnership and copies of the Notice of Rights and Obligations of Domestic Partners
				may be obtained by local registrars from the Bureau of Vital Statistics and
				Registration of the Department of Health and Senior Services, PO Box 370, Trenton,
				New Jersey, 08625-0370.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 2B - CERTIFICATE OF DOMESTIC PARTNERSHIP › Subchapter 2 - ESTABLISHING A DOMESTIC PARTNERSHIP › Section 8:2B-2.3 - Fee for filing an Affidavit of Domestic Partnership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fee for filing
				an Affidavit of Domestic Partnership shall be consistent with the fee established
				for the issuance of a marriage license as set forth in
				37:1-12.1.
(b) The local registrar shall collect the fees
				from applicants for domestic partnership and shall forward those fees to the
				Department on a quarterly basis.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 2B - CERTIFICATE OF DOMESTIC PARTNERSHIP › Subchapter 2 - ESTABLISHING A DOMESTIC PARTNERSHIP › Section 8:2B-2.4 - Civil penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who
				executes an Affidavit of Domestic Partnership in violation of the provisions of
				26:8A-4 shall be subject to a civil
				penalty in an amount not to exceed $1,000.
(b) The local registrar shall report to the State
				Registrar any and all known or suspected violations of the provisions of
				26:8A-4.
(c) The Department, upon receipt of a report of
				violation from the local registrar, or of its own accord, may set a fixed amount of
				money as a civil penalty, not to exceed $1,000, against those persons who it
				determines have executed an Affidavit of Domestic Partnership in violation of the
				provisions of 26:8A-4.
(d) Whenever the Department shall find cause to
				impose a civil penalty under (c) above, it shall notify the person against whom the
				penalty has been imposed of the reasons therefor, in writing, and provide an
				opportunity for a hearing in accordance with the Administrative Procedures Act,
				52:14B-1 et seq. and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
(e) All requests for hearing shall be filed within
				10 business days from the date of receipt of the notice. The Commissioner or his or
				her designee shall issue the final decision in accordance with the applicable
				provisions of the Administrative Procedure Act and the Uniform Administrative
				Procedure Rules.
1. All requests for hearing shall
				be in writing and shall be directed to the following address:
State Registrar - Hearing Request
Bureau of Vital Statistics and Registration
PO Box 370
Trenton, New Jersey 08625-0370
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 2B - CERTIFICATE OF DOMESTIC PARTNERSHIP › Subchapter 3 - ACCESS TO CERTIFICATES AND AFFIDAVITS OF DOMESTIC PARTNERSHIP › Section 8:2B-3.1 - Certified copies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Registrar
				or a local registrar may only issue a certified copy of a Certificate of Domestic
				Partnership or Affidavit of Domestic Partnership to a person who satisfies the
				following requirements:
1. The person is able to
				identify the record;
2. The person
				provides, at a minimum, all of the information requested on the Vital Statistics and
				Registration application form; and
3.
				The person produces documentation verifying that he or she is:
i. One of the subjects listed on the Certificate
				of Domestic Partnership;
ii. The
				subject's parent;
iii. The subject's
				legal guardian or legal representative;
iv. The subject's child, grandchild or sibling, if
				of legal age;
v. A State or Federal
				agency requesting the record for official purposes;
vi. A person requesting the record pursuant to a
				court order; or
vii. A person requesting
				the record under emergent circumstances, as determined on a case-by-case basis by
				the Commissioner.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 2B - CERTIFICATE OF DOMESTIC PARTNERSHIP › Subchapter 3 - ACCESS TO CERTIFICATES AND AFFIDAVITS OF DOMESTIC PARTNERSHIP › Section 8:2B-3.2 - Certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Registrar
				or local registrar may issue certifications containing information obtained from the
				Affidavit of Domestic Partnership or Certificate of Domestic Partnership to
				requestors not identified in
				8:2B-3.1(a)3, so long
				as those requestors are first able to identify the record sought.
(b) All certifications issued under (a) above
				shall state that they are for informational purposes only and are not to be used for
				identification or legal purposes.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 2B - CERTIFICATE OF DOMESTIC PARTNERSHIP › Subchapter 3 - ACCESS TO CERTIFICATES AND AFFIDAVITS OF DOMESTIC PARTNERSHIP › Section 8:2B-3.3 - Fees for certified copies and certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each search of
				the records of domestic partnership by the State Registrar, whether or not a
				certification or a certified copy is made, the applicant shall remit to the State
				Registrar a fee of $25.00, with the exception of searches under (b) below and
				searches for which there shall be no fee pursuant to
				26:8-63.
(b) For any search of genealogical records of
				domestic partnership, whether or not a certification or certified copy is made, the
				applicant shall remit to the State Registrar a fee of $25.00, plus a fee of $ 1.00
				for each additional year searched, except as provided by
				26:8-63.
(c) The fee for each additional copy of a record
				of domestic partnership provided by the State Registrar shall be $2.00.
(d) Fees for certified copies or certifications
				obtained from a local registrar shall be set by municipal ordinance.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 2B - CERTIFICATE OF DOMESTIC PARTNERSHIP › Subchapter 4 - OBLIGATION TO REPORT, CORRECTIONS TO CERTIFICATES, AND TERMINATION OF A DOMESTIC PARTNERSHIP › Section 8:2B-4.1 - Obligation to report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon demand of the
				State Registrar either in person, by mail or through the local registrar, a person
				having knowledge of the facts relative to any domestic partnership shall supply such
				information as he or she may possess, upon a form provided by the State Registrar or
				upon the original Certificate of Domestic Partnership.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 2B - CERTIFICATE OF DOMESTIC PARTNERSHIP › Subchapter 4 - OBLIGATION TO REPORT, CORRECTIONS TO CERTIFICATES, AND TERMINATION OF A DOMESTIC PARTNERSHIP › Section 8:2B-4.2 - Corrections to a Certificate of Domestic Partnership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Certificate of
				Domestic Partnership filed with the State Registrar shall not be altered or changed,
				except as provided in (b) below.
(b)
				Corrections to a Certificate of Domestic Partnership shall be signed by the person
				who signed the original Certificate of Domestic Partnership or by any other person
				having personal knowledge of the matters sought to be corrected, which other person
				shall provide a sworn statement of the reason for the requested correction and
				provide documentation substantiating and justifying the modification to the
				Certificate of Domestic Partnership, which documentation is verifiable by the State
				Registrar.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 2B - CERTIFICATE OF DOMESTIC PARTNERSHIP › Subchapter 4 - OBLIGATION TO REPORT, CORRECTIONS TO CERTIFICATES, AND TERMINATION OF A DOMESTIC PARTNERSHIP › Section 8:2B-4.3 - Termination of a domestic partnership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:8A-10, the Superior Court has
				jurisdiction over all proceedings relating to the termination of a domestic
				partnership, including the division and distribution of jointly held
				property.
(b) Pursuant to
				26:8A-10, the Superior Court shall
				notify the State Registrar of the termination of a domestic partnership.
(c) Upon receipt of notification from the court
				under (b) above, the State Registrar shall revise the records of domestic
				partnership provided for in
				26:8A-9 to reflect the termination of a
				domestic partnership and shall notify the local registrar of the district in which
				the partnership was registered.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 1 - GENERAL PROVISIONS › Section 8:6-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to implement
				  P.L.
				  2005, c. 383, the New Jersey
				  Smoke-Free Air Act,
				  26:3D-55 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 2 - INDOOR PUBLIC PLACE OR WORKPLACE › Section 8:6-2.1 - Indoor public places and workplaces subject to the Act unless exemption applies; more stringent provisions authorized

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:3D-58, an indoor public place or a
				workplace is subject to the Act and this chapter, except as provided in the Act,
				particularly at
				26:3D-59, and this chapter.
(b) An establishment is an indoor public place if
				it is structurally enclosed and generally accessible to the public.
(c) This chapter shall not be construed to limit
				the ability of an owner or operator of an establishment from establishing
				restrictions on or prohibitions against smoking at the establishment that are
				greater than those provided in the Act and this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 2 - INDOOR PUBLIC PLACE OR WORKPLACE › Section 8:6-2.2 - Smoking in indoor public place or workplace; time irrelevant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The time of entry
				into an establishment by workers or members of the public is irrelevant to the issue
				of whether the establishment is generally accessible to the public and/or a
				workplace.
1. For example, the fact that janitorial
				personnel may enter a structurally enclosed establishment during times other than
				those times when smoking would occur in the establishment does not matter; the
				establishment would be a workplace and/or an indoor public place at which smoking is
				prohibited.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 2 - INDOOR PUBLIC PLACE OR WORKPLACE › Section 8:6-2.3 - Exterior area of indoor public place or a workplace

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to (b)
				below, smoking is prohibited at an exterior area if smoking in the exterior area
				results in migration, seepage, or recirculation of smoke to an indoor public place
				or a workplace at which smoking is prohibited.
(b) Subsection (a) above shall not apply to a
				designated outdoor smoking area established by the administrator of a correctional
				facility in accordance with
				10A:14-2.6, provided that this
				exception shall not apply to smoking areas established for the exclusive use of
				persons other than inmates.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 3 - REGISTRATION: CIGAR BARS AND CIGAR LOUNGES › Section 8:6-3.1 - Procedure for initial registration; form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person having
				control of an establishment seeking to register the establishment or an area within
				the establishment as an exempt cigar bar or cigar lounge pursuant to
				26:3D-59 shall submit the following to
				the local health agency with jurisdiction over the municipality in which the
				proposed exempt cigar bar or cigar lounge is located:
1. The completed and fully executed application
				form provided at chapter Appendix A, incorporated herein by reference;
2. A copy of deeds or leases for the premises at
				which a proposed exempt cigar bar or cigar lounge is located held by the applicant
				or its predecessors in title or leasehold showing the occupancy of the premises as a
				cigar bar or cigar lounge as of December 31, 2004, to the date of
				application;
3. A copy of the
				certificate of occupancy for the premises as of December 31, 2004, and/or
				thereafter, as applicable, if the issuance of a certificate of occupancy was or is a
				condition of occupancy pursuant to applicable local law, as of December 31, 2004,
				and/or thereafter;
4. The sworn and
				notarized affidavit of a New Jersey licensed certified public accountant attesting
				that the proposed exempt cigar bar or cigar lounge generated 15 percent or more of
				its total annual gross income from the on-site sale of tobacco products and the
				rental of on-site humidors, excluding sales from vending machines, for the calendar
				year ending December 31, 2004, and for each succeeding calendar year ending December
				31 of the year preceding the date of the application;
i. The information contained in the application
				and affidavit required pursuant to (a)1 and 4 above shall be subject to reporting to
				and auditing by the Division of Taxation of the New Jersey Department of the
				Treasury; and
5. If the
				proposed exempt cigar bar or cigar lounge is located within an establishment at
				which smoking is prohibited pursuant to the Act, the sworn and notarized affidavit
				of a New Jersey design professional attesting that:
i. The proposed exempt cigar bar or cigar lounge
				is in an area within the location that is enclosed by:
(1) Solid walls or windows;
(2) A ceiling; and
(3) A solid door; and
ii. The ventilation system of the proposed exempt
				cigar bar or cigar lounge is separately exhausted from the nonsmoking areas of the
				establishment so that air from the proposed smoking area would not be recirculated
				to the nonsmoking areas and smoke would not be backstreamed into the nonsmoking
				areas.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 3 - REGISTRATION: CIGAR BARS AND CIGAR LOUNGES › Section 8:6-3.2 - Local health agency conferral with permit entity; access for inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local health
				agency to which an initial application for registration of a proposed exempt cigar
				bar or cigar lounge has been made shall confer with the local construction code
				enforcing agency with jurisdiction over the municipality in which the proposed
				exempt cigar bar or cigar lounge is located to ascertain whether, since December 31,
				2004, to the date of the application, the proposed exempt cigar bar or cigar lounge
				has expanded in size and/or whether a permit to expand in size has been
				made.
(b) Upon reviewing any documents
				or information that the applicant submits pursuant to
				8:6-3.1, the local health agency may
				require the applicant to provide the local health agency and, at the option of the
				local health agency, any experts retained by the local health agency, with access to
				inspect one or more of the following:
1. The
				physical configuration of the establishment at which the proposed exempt cigar bar
				or cigar lounge is located;
2. The
				ventilation systems at the establishment; and
3. Records of sales of tobacco products and/or
				rentals of on-site humidors occurring at the establishment for the periods addressed
				in the application.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 3 - REGISTRATION: CIGAR BARS AND CIGAR LOUNGES › Section 8:6-3.3 - Local health agency review of application; issuance of initial registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining
				whether to register a proposed exempt cigar bar or cigar lounge pursuant to
				26:3D-59, a local health agency to
				which an initial application for registration is made pursuant to
				8:6-3.1 shall review the application,
				the supporting documentation submitted pursuant to N.J.A.C. 8:6-3.1, the information
				the local health agency receives pursuant to
				8:6-3.2(a), and the
				results of any inspections conducted pursuant to
				8:6-3.2(b).
1. In addition, the local health agency shall
				consider any applicable local ordinance that provides restrictions on or
				prohibitions against smoking equivalent to or greater than those provided under the
				Act and this chapter, in accordance with
				26:3D-63.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 3 - REGISTRATION: CIGAR BARS AND CIGAR LOUNGES › Section 8:6-3.4 - Procedure for renewal of registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person having
				control of an establishment seeking to renew the registration of an exempt cigar bar
				or cigar lounge pursuant to
				26:3D-59 shall submit the following,
				subject to (b) below, as applicable, to the local health agency with jurisdiction
				over the municipality in which the proposed exempt cigar bar or cigar lounge is
				located by no later than April 15 of the year in which the existing registration is
				to expire:
1. The completed registration renewal
				application form provided at chapter Appendix B, incorporated herein by
				reference;
2. A copy of the deed or
				lease for the premises at which a proposed exempt cigar bar or cigar lounge is
				located held by the applicant or its predecessors in title or leasehold showing the
				occupancy of the premises as a cigar bar or cigar lounge from the date of the last
				registration renewal to the date of the application;
3. A copy of the certificate of occupancy for the
				premises from the date of the last registration renewal to the date of the
				application, to the extent the issuance of a certificate of occupancy was a
				condition of occupancy pursuant to local law during the period since the date of the
				last registration renewal; and
4. The
				sworn and notarized affidavit of a New Jersey licensed certified public accountant
				attesting that the exempt cigar bar or cigar lounge generated 15 percent or more of
				its total annual gross income from the on-site sale of tobacco products and the
				rental of on-site humidors, excluding sales from vending machines, during the
				calendar year ending December 31 of the year preceding the date of the registration
				renewal application.
i. The information contained
				in the affidavit required pursuant to (a)4 above shall be subject to reporting to
				and auditing by the Division of Taxation of the New Jersey Department of the
				Treasury.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 3 - REGISTRATION: CIGAR BARS AND CIGAR LOUNGES › Section 8:6-3.5 - Local health agency conferral with permit entity as to changes since initial registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local health
				agency to which an application for renewal of the registration of an exempt cigar
				bar or cigar lounge has been made shall confer with the local construction code
				enforcing agency with jurisdiction over the municipality in which the exempt cigar
				bar or cigar lounge is located to ascertain whether the exempt cigar bar or cigar
				lounge has expanded in size during the period beginning on the date of the last
				registration to the date of the application.
(b) Upon reviewing an application for renewal of
				the registration of an exempt cigar bar or cigar lounge, any supporting
				documentation, and the information the local health agency receives pursuant to (a)
				above, the local health agency may require the applicant to provide the local health
				agency, and, at the option of the local health agency, any experts retained by the
				local health agency, access to inspect one or more of the following:
1. The physical configuration of the establishment
				at which the proposed exempt cigar bar or cigar lounge is located;
2. The ventilation systems at the establishment;
				and
3. Records of sales of tobacco
				products and/or rentals of on-site humidors occurring at the establishment for the
				periods addressed in the application.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 3 - REGISTRATION: CIGAR BARS AND CIGAR LOUNGES › Section 8:6-3.6 - Local health agency review of registration renewal application; issuance of registration renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining
				whether to renew the registration of an exempt cigar bar or cigar lounge pursuant to
				26:3D-59, a local health agency to
				which a registration renewal application is made pursuant to
				8:6-3.4 shall review the application,
				the supporting documentation submitted pursuant to N.J.A.C. 8:6-3.4, the information
				the local health agency receives pursuant to
				8:6-3.5(a), and the
				results of any inspections conducted pursuant to
				8:6-3.5(b).
1. In addition, the local health agency shall
				consider any applicable local ordinance that provides restrictions on or
				prohibitions against smoking equivalent to or greater than those provided under the
				Act and this chapter, in accordance with
				26:3D-63.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 3 - REGISTRATION: CIGAR BARS AND CIGAR LOUNGES › Section 8:6-3.7 - Maintenance of enclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An exempt cigar bar
				or cigar lounge registered pursuant to this subchapter and
				26:3D-59 that is located within an
				establishment at which smoking is prohibited pursuant to the Act shall ensure that:
1. The solid door of the cigar bar or cigar lounge
				remains closed at all times except when the door is in use for entry to and egress
				from the cigar bar or cigar lounge;
i. The use of
				a self-closing door is recommended for this purpose; and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 4 - TOBACCO RETAIL ESTABLISHMENT › Section 8:6-4.1 - Annual provision of notice of claim of exemption and retail sale income verification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An establishment
				that is an indoor public place or a workplace that intends to claim that the
				establishment is exempt from the Act as a tobacco retail establishment within the
				meaning of 26:3D-57 and 59 shall file, by April 15
				of each year, the form of notice provided at chapter Appendix C, incorporated herein
				by reference, with the local health agency with jurisdiction over the municipality
				in which the establishment is located.
1. The
				information contained in the notice required pursuant to (a) above shall be subject
				to reporting to and auditing by the Division of Taxation of the New Jersey
				Department of the Treasury.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 4 - TOBACCO RETAIL ESTABLISHMENT › Section 8:6-4.2 - Exemption not applicable in certain circumstances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With respect to an
				establishment that otherwise qualifies as a tobacco retail establishment, if the
				establishment is within or part of an indoor public place or a workplace, such as a
				retail store within a shopping mall, the exemption provided at N.J.S.A. 26:3D-59b
				shall not apply to the establishment unless the establishment is enclosed by solid
				walls or windows, a ceiling, and a solid door, and equipped with a ventilation
				system that is separately exhausted from the indoor public place or workplace in
				which the tobacco retail establishment is located, so that air from the tobacco
				retail establishment is not recirculated to the indoor public place or workplace and
				smoke is not backstreamed into the indoor public place or workplace, and provided
				that:
1. The solid door of the tobacco retail
				establishment remains closed at all times except when the door is in use for entry
				to and egress from the tobacco retail establishment;
i. The use of a self-closing door is recommended
				for this purpose; and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 4 - TOBACCO RETAIL ESTABLISHMENT › Section 8:6-4.3 - Local health agency conferral with permit entity; access for inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon reviewing an
				executed form of notice and any supporting documentation or information an entity
				submits pursuant to
				8:6-4.1, a local health agency may
				require the entity to provide the local health agency and, at the option of the
				local health agency, any experts retained by the local health agency, with access to
				inspect one or more of the following:
1. Records
				of sales of tobacco products and accessories, and records of sales of other
				products; and
2. With respect to an
				establishment that is within or part of an indoor public place or a workplace:
i. The physical configuration of the establishment
				at which the proposed exempt tobacco retail establishment is located; and
ii. The ventilation systems at the
				establishment.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 5 - CASINOS AND CASINO SIMULCASTING FACILITIES › Section 8:6-5.1 - Area within the perimeter of a casino or a casino simulcasting facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Establishments that
				are completely surrounded by a casino that meets the requirements of N.J.S.A.
				26:3D-59e(1) are within the perimeter of a casino for the purpose of the exemption
				the Act affords casinos pursuant to N.J.S.A. 26:3D-59e.
1. The perimeter of a casino is the casino
				boundary delineation on the floor plan a casino licensee files with the Commission
				as part of its operation certificate pursuant to N.J.A.C. 19:43-7.3(b)1, subject to
				Commission approval.
2. For an
				establishment to be "completely surrounded" by a casino, a casino shall exist on all
				sides of, that is, in a 360-degree radius around, the establishment, provided the
				casino meets the requirements of N.J.S.A. 26:3D-59e(1).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 5 - CASINOS AND CASINO SIMULCASTING FACILITIES › Section 8:6-5.2 - Temporary expansion of casino or a casino simulcasting facility

Current through Register Vol. 56, No. 14, July 15, 2024
If a casino hotel obtains a Commission-approved resolution
				  authorizing the amendment of the casino hotel's operation certificate for the
				  temporary expansion of a casino or a casino simulcasting facility, the temporarily
				  expanded space is not a "casino" or a "casino simulcasting facility" for the purpose
				  of the exemption the Act affords casino and casino simulcasting facilities pursuant
				  to N.J.S.A. 26:3D-59e.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 5 - CASINOS AND CASINO SIMULCASTING FACILITIES › Section 8:6-5.3 - Designation of smoking and non-smoking areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Casino licensees
				shall place signage indicating that smoking is permitted at each entrance to an area
				at which smoking is permitted from an area at which smoking is not
				permitted.
(b) Casino licensees shall
				place signage indicating that smoking is not permitted at each entrance to an area
				at which smoking is not permitted from an area at which smoking is
				permitted.
(c) The signage a casino
				licensee uses to implement this section shall meet the technical requirements
				provided at 26:3D-61.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 6 - SIGNAGE DESIGNATING SMOKING AND NONSMOKING AREAS › Section 8:6-6.1 - Acceptable forms of signage designating smoking and nonsmoking areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Signs containing the
				content provided at chapter Appendices D or E, incorporated herein by reference, are
				acceptable to meet the content requirement for the signs
				26:3D-61 requires a person having
				control of an indoor public place or workplace at which smoking is prohibited
				pursuant to the Act to post at every public entrance to the indoor public place or
				workplace indicating that smoking is prohibited.
(b) Signs containing the content provided at
				either chapter Appendix F or G, incorporated herein by reference, are acceptable to
				meet the content requirement for the signs
				26:3D-61 requires a person having
				control of an indoor public place or workplace at which smoking is permitted
				pursuant to the Act to post in those areas of the indoor public place or workplace
				at which smoking is permitted.
(c) This
				section shall not be construed to prohibit a person having control of an
				establishment required to post signage pursuant to the Act to post another form of
				the required signs, provided the signs meet the requirements of
				26:3D-61.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 7 - SCHOOL BUILDINGS AND GROUNDS › Section 8:6-7.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to implement the prohibition
				  against smoking in school buildings and on school grounds pursuant to
				  26:3D-58.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 7 - SCHOOL BUILDINGS AND GROUNDS › Section 8:6-7.2 - Smoking prohibited in school buildings and on school grounds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A.
				26:3D-58b, smoking is prohibited in school buildings and on school
				grounds.
(b) As used in (a) above,
				"school buildings" and "school grounds," means and includes, with respect to public
				and nonpublic elementary and secondary schools:
1.
				Land, portions of land, structures, buildings, and vehicles, owned, operated or used
				for the provision of academic or extracurricular programs sponsored by a school or a
				community provider and structures that support these buildings, such as school
				wastewater treatment facilities, generating facilities, and other central service
				facilities including, but not limited to, kitchens and maintenance shops;
2. Athletic stadiums, swimming pools, any
				associated structures or related equipment tied to such facilities including, but
				not limited to, grandstands and night field lights, greenhouses, garages, facilities
				used for non-instructional or non-educational purposes, and any structure, building
				or facility used solely for school administration;
3. Playgrounds, and recreational places owned by
				local municipalities, private entities or other individuals during those times when
				the school district has exclusive use of a portion of such land; and
4. Certain faculty or administrator residences on
				school grounds as provided in
				8:6-8.1(b).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 8 - RESIDENCES › Section 8:6-8.1 - Certain residences not exempt

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A faculty or
				administrator residence on school grounds is a private residence at which smoking is
				permitted for the purpose of the exemption the Act affords private residences
				pursuant to N.J.S.A. 26:3D-59d, unless the residence is:
1. Used in whole or in part as a workplace of the
				school by persons other than those who reside there (for example, a place at which
				school personnel are required to perform secretarial, security, maintenance, or
				housekeeping work);
2. Generally
				accessible to the public;
3. Used by
				students (for example, for tutoring, counseling, or extracurricular purposes);
				or
4. Located within a student
				dormitory.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 9 - ENFORCEMENT › Section 8:6-9.1 - Enforcement against individuals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person having
				control of an indoor public place or workplace shall order a person smoking in
				violation of the Act and this chapter (person smoking illegally) to comply with the
				Act and this chapter, and may elect to provide the person smoking illegally with a
				copy of the notice provided at chapter Appendix H, incorporated herein by
				reference.
(b) If, after having been
				ordered to comply with the Act and this chapter in accordance with (a) above, a
				person smoking illegally continues to violate the Act and this chapter, the person
				having control of the indoor public place or workplace:
1. Shall order the departure and removal from the
				indoor public place or workplace of the person smoking illegally; and
2. In the discretion of the person having control
				of the indoor public place or workplace, may request the assistance of law
				enforcement or peace officers with jurisdiction over the indoor public place or
				workplace to accomplish this departure and removal.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 9 - ENFORCEMENT › Section 8:6-9.2 - Enforcement against person having control of an indoor public place or workplace

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Any person may file a complaint against a person having control of an indoor public
				place or workplace who violates or fails or refuses to comply with or enforce the
				Act and this chapter by:
1. Contacting the local
				health agency with jurisdiction over the indoor public place or workplace and by
				adhering to complaint procedures each local health agency shall establish;
2. Filing a complaint directly with the municipal
				court with jurisdiction over the establishment, or
3. Filing the form of complaint, at chapter
				Appendix I, with the Comprehensive Tobacco Control Program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 9 - ENFORCEMENT › Section 8:6-9.3 - Procedure for anonymous request for investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may
				submit an anonymous request for the performance of an investigation of an indoor
				public place or workplace for alleged violation of, or failure or refusal to comply
				with or enforce, the Act and this chapter by:
1.
				Contacting the local health agency with jurisdiction over the indoor public place or
				workplace and by adhering to anonymous investigation request procedures each local
				health agency shall establish; or
2.
				Filing the form of request for investigation at chapter Appendix J incorporated
				herein by reference, with the Comprehensive Tobacco Control Program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 9 - ENFORCEMENT › Section 8:6-9.4 - Entry upon premises by enforcing entity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person having
				control of an establishment shall permit full access to the establishment, for the
				purposes of examination, inspection, investigation, and enforcement of the Act and
				this chapter, to:
1. Representatives of a local
				health agency with jurisdiction over the establishment;
2. Representatives of the Department;
				and
3. Any experts retained by, and at
				the expense of, the local health agency or the Comprehensive Tobacco Control
				Program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 9 - ENFORCEMENT › Section 8:6-9.5 - Fines for violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:3D-62, fines for violations of the
				Act and this chapter are as follows:
1. $ 250.00
				for a first offense;
2. $ 500.00 for a
				second offense; and
3. $ 1,000 for each
				subsequent offense.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 10 - FORMS › Section 8:6-10.1 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
Single copies suitable for photocopying of the forms provided at
N.J.A.C. 8:6
Appendices A through J are available upon request to
				  the Indoor Environments Program and are available for download from the forms
				  website of the Department at
http://web.doh.state.nj.us/apps2/forms/index.aspx
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
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New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Appendix B

Current through Register Vol. 56, No. 14, July 15, 2024
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New Jersey Administrative Code › Title 8 - HEALTH › Chapter 7 - LICENSURE OF PERSONS FOR PUBLIC HEALTH POSITIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8:7-1.1 - Positions requiring a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license granted by
				the New Jersey Department of Health (Department) is required for any person who is
				employed as a:
1. Health officer; or
2. Registered environmental health specialist.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 7 - LICENSURE OF PERSONS FOR PUBLIC HEALTH POSITIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8:7-1.2 - New Jersey Public Health Licensing and Examination Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There is established
				within the Department , a board of examiners to be known as the Public Health
				Licensing and Examination Board (Board).
(b) On behalf of the New Jersey Public Health
				Council and the Commissioner , the Board shall conduct examinations for the
				licensing of:
1. Health officer; and
2. Registered environmental health specialist.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 7 - LICENSURE OF PERSONS FOR PUBLIC HEALTH POSITIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8:7-1.3 - Submission of evidence of qualification; application for examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner
				, in the name of the Department , shall grant licenses only to those candidates who
				submit evidence of the required training and experience, are accepted for testing by
				the Board and/or the Commissioner , and who subsequently pass examinations,
				indicating their fitness for the positions they seek.
(b) A person who desires to be admitted to an
				examination may obtain an application form from the Office of Local Public Health,
				New Jersey Department of Health , PO Box 360, Trenton, NJ 08625-0360, (609)
				292-4993, see
http://www.nj.
				gov/health/lh/professionals/licensing
for the latest information. Applicants
				shall provide all identifying information required on the form, including name,
				address, telephone number, and the license for which they are applying. The
				application shall be filed with the Department and accompanied by documentary
				evidence satisfying the education, training, and experience requirements for the
				position. Such documentary evidence shall include an evaluation of the candidates'
				performance written by the supervisor(s) under which working experience was
				acquired.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 7 - LICENSURE OF PERSONS FOR PUBLIC HEALTH POSITIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8:7-1.4 - Application, examination , and initial license fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				collect fees, as authorized by statute, from each candidate for licensure prior to
				the examination.
(b) The Department
				shall collect from each candidate the following fees:
1. For each application to be admitted to a
				license examination, $ 50.00; and
2. For
				each admission to a license examination, $ 100.00.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 7 - LICENSURE OF PERSONS FOR PUBLIC HEALTH POSITIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8:7-1.5 - Determination of qualified candidates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appropriate members
				of the Public Health Examining Board shall review each candidate's application for
				admission to the licensure examination. Based upon the qualifications of the
				candidate, the Board shall approve or deny such candidate entrance to the
				examination.
(b) The candidate and the
				Department shall be notified within 10 days of the Board's determination. In the
				case of a denial, the candidate shall have the opportunity to appeal the decision of
				the Board.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 7 - LICENSURE OF PERSONS FOR PUBLIC HEALTH POSITIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8:7-1.6 - Appeal procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any candidate who has been denied admission to
				a licensure examination by the Public Health Examining Board (Board) or licensee
				denied active license status in accordance with N.J.A.C. 8:71.12 may appeal the
				Board's action according to the following procedure:
1. Within 30 days of notification of denial, the
				candidate or licensee may request, in writing, a reconsideration of his or her
				qualifications by the Board;
2. At a
				regular meeting of the Board, the candidate or licensee will have the opportunity to
				discuss his or her qualifications. At the conclusion of the discussion, the Board
				shall vote on the appeal;
3. In the
				event that the Board reaffirms its denial decision, the candidate or licensee may,
				within 30 days, request a review of his or her case.
4. In the case of a candidate, at the conclusion
				of the review, the Commissioner shall issue a final decision.
5. In the case of a licensee, the licensee may
				request a hearing pursuant to the Administrative Procedure Act,
				N.J.S.A.
				52:14B-1et seq., and 52:14F-1 et seq., and the
				Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 7 - LICENSURE OF PERSONS FOR PUBLIC HEALTH POSITIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8:7-1.7 - Suspension or revocation of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any license issued
				in accordance with the provisions of P.L. 1947, c. 177 (N.J.S.A.
				26:1A-41) and the rules governing the licensing of
				health officers and registered environmental health specialists, heretofore issued
				by the Department , may be suspended or revoked for any of the causes as defined at
				Section 43 of P.L. 1947, c. 177 (N.J.S.A.
				26:1A-43).
(b) Upon written charges alleging any such
				violation, act or happening being filed by the Commissioner or by the local board of
				health within whose territory or jurisdiction such violation, act or happening
				occurred, the licensee shall be entitled to a hearing pursuant to
				N.J.S.A.
				52:14B-1et seq. and N.J.A.C. 1:1.
(c) The suspension or revocation of a license
				shall be effected by a notice in writing of the suspension or revocation,
				designating the effective date thereof, and in the case of suspension, the term of
				the suspension, which notice may be served upon the licensee personally or by
				mailing the same by registered mail addressed to the licensee at the licensee's home
				address. The Commissioner shall file a copy of the notice of suspension or
				revocation of license with the local board of health.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 7 - LICENSURE OF PERSONS FOR PUBLIC HEALTH POSITIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8:7-1.8 - Examinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall schedule examinations for
				the licensure of persons for public health positions at least twice a
				year.
(b) Examinations shall be
				prepared, conducted and scored in accordance with the department's standard
				operating procedures with the advice of the Public Health Examining Board.
(c) If any qualified candidate fails an
				examination for a particular type of license two times, such candidate shall not be
				permitted entrance to the next examination for that type of license until, and
				unless, the candidate submits evidence, to the Board of further formal training and
				supervised experience specifically in those areas in which the candidate was
				deficient. The board in its discretion, may accept the additional evidence or
				require the candidate to postpone taking the licensure examination for a period of
				one year from the date of the last examination. During the one year waiting period
				the candidate shall be required by the Board to either obtain further training and
				experience under the supervision of a person licensed for the position for which the
				candidate seeks licensure, or obtain further educational training and experience
				through formal courses at an accredited institution of higher education or through
				recognized professional or governmental bodies. At the conclusion of the one-year
				period, the candidate shall furnish the Board with a written report from his
				supervisor or from the educational institution, attesting to the completion of the
				additional training and experience and may then make application to gain admission
				to the licensure examination.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 7 - LICENSURE OF PERSONS FOR PUBLIC HEALTH POSITIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8:7-1.9 - Recordkeeping requirements of the Board

Current through Register Vol. 56, No. 14, July 15, 2024
The Public Health Examining Board shall keep minutes of its
				  meetings and shall transmit the record of all its transactions and recommendations
				  to the Commissioner .