reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 16 - REQUESTS TO RESIDE OUTSIDE OF THE UNITED STATES OF AMERICA (USA) › Section 10A:72-16.4 - Requests to reside in a United States of America territory

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event an offender requests to reside in a USA territory outside of the geographical areas listed at N.J.A.C. 10A:72-16.1(a)(that is, American Samoa, Guam, and the Northern Mariana Islands), the assigned parole officer shall attempt to contact the parole supervision authority in the USA territory in which the offender is requesting to reside in order to verify whether that agency would be willing to supervise the offender on behalf of the Board if the offender is approved to reside there.
(b) If the parole supervision authority in the USA territory in which the offender is requesting to reside agrees to provide supervision of the offender on behalf of the Board, in the event the offender is approved to reside there, the assigned parole officer shall request that confirmation of same be forwarded in writing. The assigned parole officer shall also request contact information for the individual(s) in the parole supervision authority regarding supervision matters involving the offender.
(c) In addition to all conditions of supervision imposed by the Board, the offender shall adhere to all conditions of supervision imposed upon the offender by the parole supervision authority in the USA territory in which the offender is authorized to reside.
(d) The parole supervision authority in the USA territory in which the offender is residing is not permitted to place the offender into custody due to a violation(s) of a condition of supervision without an active Board parole warrant and/or criminal complaint being issued.
1. The assigned parole officer shall instruct the parole supervision authority in the USA territory to review any violation(s) with the Board as they incur. The assigned parole officer shall be responsible to address any violation(s) with the offender.
2. A violation(s) of the offender's supervision shall be addressed with the offender pursuant to N.J.A.C. 10A:72-16.9.
3. Action taken by the Board to address an offender's violation(s) of supervision shall be communicated to the parole supervision authority in the USA territory in which the offender is residing.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 16 - REQUESTS TO RESIDE OUTSIDE OF THE UNITED STATES OF AMERICA (USA) › Section 10A:72-16.5 - Request procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an offender seeks to reside outside of the USA, the offender shall notify his or her assigned parole officer in writing.
(b) Upon receipt of a request to reside outside of the USA, the assigned parole officer shall provide the offender with the requirements to do so, as specified at N.J.A.C. 10A:72-16.1, 16.2, and 16.3, if applicable.
(c) If the offender meets the requirements specified at N.J.A.C. 10A:72-16.1, 16.2, and 16.3, if applicable, the assigned parole officer shall:
1. Attempt to contact the proposed residential sponsor and/or employer, barring a language barrier conflict, through telephone to confirm the information provided by the offender; and
2. Conduct a check of appropriate law enforcement database systems to determine whether the offender has any outstanding charges or restraining orders.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 16 - REQUESTS TO RESIDE OUTSIDE OF THE UNITED STATES OF AMERICA (USA) › Section 10A:72-16.6 - Review of the Board panel decision by parole officer with the offender

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the offender's request to reside outside of the USA was denied by the designated Board panel, the assigned parole officer shall schedule a meeting with the offender within five business days of receiving the notification of the Board panel's decision in order to provide the offender with a copy of same and to review the reasons for the denial with the offender.
1. An offender may appeal the denial of their request to reside in a country, commonwealth, or territory outside of the USA, pursuant to N.J.A.C. 10A:71-4.4.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 16 - REQUESTS TO RESIDE OUTSIDE OF THE UNITED STATES OF AMERICA (USA) › Section 10A:72-16.7 - Departure planning upon approval to reside outside of the USA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When meeting with the offender to discuss the offender's out-of-country departure plans, the assigned parole officer shall inform the offender that he or she must obtain and maintain a valid passport for the USA that is in compliance with all current and updated requirements, as set forth by the Department of Homeland Security and/or any other issuing agency(ies), if the offender has been approved to reside in a country, commonwealth, or territory outside of the USA.
(b) The assigned parole officer shall advise the offender that travel arrangements resulting in the offender's departure from the USA to a country, commonwealth, or territory outside of the USA must be made within 180 days from the date of the approval by the designated Board panel.
1. An additional 180-day extension may be granted by the Director, Division of Parole, or designee, to allow the offender additional time to arrange their travel departure plans.
2. In the event an additional 180-day extension is denied and/or the offender fails to depart from the USA to the country, commonwealth, or territory they were approved to reside by the established deadline, the offender's permission to reside outside of the USA shall be deemed to be void. If deemed void and the offender wishes to resubmit his or her application and request to reside outside of the USA, the offender may do so pursuant to N.J.A.C. 10A:72-16.2 and 16.3, if applicable.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 16 - REQUESTS TO RESIDE OUTSIDE OF THE UNITED STATES OF AMERICA (USA) › Section 10A:72-16.8 - Supervision of an offender residing outside of the USA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assigned parole officer shall maintain communication with the offender, as stipulated in his or her Case Plan Agreement and/or by an imposed special condition, but no less than every 180 days. Communication with the offender shall be established through an available means of video communication, whenever possible. In the event a video means of communication is not available, the offender may utilize the following methods, or any other reasonable method, of communication with his or her assigned parole officer:
1. Telephone;
2. Email; or
3. A handwritten or typed letter mailed to the Board and postmarked from within the country, commonwealth, or territory where the offender was approved to reside outside of the USA.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 16 - REQUESTS TO RESIDE OUTSIDE OF THE UNITED STATES OF AMERICA (USA) › Section 10A:72-16.9 - Voluntary return to the USA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an offender voluntarily decides to return to the USA, the offender shall contact his or her assigned parole officer to notify the assigned parole officer of the offender's plans to return to the USA. The information, including, but not limited to, the following, shall be communicated between the offender and the assigned parole officer prior to the offender's return to the USA:
1. The reason for the offender's intent to return to the USA;
2. The offender's date and time of planned departure from the country, commonwealth, or territory outside of the USA where the offender was approved to reside;
3. The offender's flight itinerary;
4. The offender's date and time of planned arrival in the USA;
5. The planned duration of the offender's stay in the USA.
i. In the event an offender who has voluntarily returned to the USA intends to return to his or her previously approved residence in a country, commonwealth, or territory outside of the USA within 30 days of his or her return to the USA, the offender may do so with permission from their assigned parole officer provided there have been no significant changes to the offender's previously approved residency plan in the country, commonwealth, or territory outside of the USA. The assigned parole officer shall review the offender's case while the offender is in the USA to determine if the offender's case plan needs to be updated and/or any further action needs to be taken at that time.
ii. If the offender intends to return to his or her previously approved residence or another residence in a country, commonwealth, or territory outside of the USA after 30 days of having returned to the USA, the offender shall comply with the procedures set forth at N.J.A.C. 10A:72-16.2 through 16.7;
6. If the offender's reason for returning to the USA is for visiting purposes, the offender shall provide his or her assigned parole officer with the address where the offender intends to reside while in the USA. The offender shall also provide their assigned parole officer with the contact person's name and telephone number at the residence where the offender will be residing while visiting in the USA.
i. Upon conclusion of the assigned parole officer's investigation of the proposed residence, the assigned parole officer shall advise the offender whether the offender is permitted to reside in the proposed residence while in the USA; and
7. The reporting instructions for the offender upon his or her return to the State of New Jersey within 48 hours of the offender's return to the USA.
New Jersey Administrative Code › Title 10A - CORRECTIONS › Chapter 72 - DIVISION OF PAROLE › Subchapter 16 - REQUESTS TO RESIDE OUTSIDE OF THE UNITED STATES OF AMERICA (USA) › Section 10A:72-16.10 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event the assigned parole officer determines that the offender is in non-compliance with the conditions of his or her supervision term and is unable to gain compliance from the offender, despite efforts by the assigned parole officer to achieve same, and/or the offender commits a serious and/or persistent violation(s) of his or her supervision term, the assigned parole officer shall review the offender's case with the District Parole Supervisor for appropriate action to be taken.
(b) If the District Parole Supervisor has a reasonable, articulable belief that the offender should be ordered to return to the USA, the District Parole Supervisor shall refer the offender's case to the Director, Division of Parole, or designee.
1. If the Director, Division of Parole, or designee, agrees with the District Parole Supervisor's assessment, the Director, Division of Parole, or designee, shall present the offender's case to a Board panel, as designated by the Chairman.
2. The designated Board panel shall render a final decision regarding whether the offender shall be ordered to return to the USA.
3. The Director, Division of Parole, or designee, shall notify the District Parole Supervisor of the Board panel's determination.
4. The District Parole Supervisor, or designee, shall notify the assigned parole officer of the Board panel's determination.
5. If the decision of the Board panel is to order the offender to return to the USA by an established date with a mandate to report to the District Parole Office within 48 hours of the offender's arrival in the USA, the assigned parole officer shall notify the offender of same, in writing, and provide the basis for the order for the offender to return to the USA.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 1 - ORGANIZATION › Section 11:1-1.1 - Organization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The organization of the Department of Banking and Insurance appears below.
(b) The mission of the Department of Banking and Insurance is to regulate the banking, insurance and real estate industries in a professional and timely manner that protects and educates consumers and promotes the growth, financial stability and efficiency of those industries.
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New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 1 - ORGANIZATION › Section 11:1-1.2 - Sharing of information with other officials and agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may share any information regarding the financial condition of insurers, including information that is not subject to public inspection or copying pursuant to the Open Public Records Act, 47:1A-1 et seq., with the National Association of Insurance Commissioners or any regulatory official of any state or U.S. territory, Federal agency or foreign country, provided that such official or agency is authorized and irrevocably agrees to hold such information confidential to the same extent as is provided under the laws of this State.
(b) The Commissioner may enter into an agreement with the National Association of Insurance Commissioners or any insurance regulator of any state or U.S. territory, Federal agency or foreign country, by which the Commissioner shall hold any information received from such official or agency as confidential and not subject to public inspection or copying pursuant to the Open Public Records Act, 47:1A-1 et seq., to the same extent such information is required to be held confidential pursuant to that agency's laws or other requirements.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 2 - FILINGS: PROPERTY AND CASUALTY › Section 11:1-2.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall apply to every rating organization and property and casualty insurer that makes its own rate, rule and policy form filings and to every member or subscriber of a rating organization on whose behalf rate, rule and policy form filings are made pursuant to the provisions of 17:29A-1 et seq. and 17:29AA-1 et seq.
(b) This subchapter establishes requirements as to the format of filings pertaining to rates, manual rules, rating plans, policy forms and endorsements, and sets forth guidelines as to required supporting information with respect to such filings.
(c) All commercial and personal lines filings submitted to the Department shall be submitted through the use of the NAIC electronic filing system SERFF (System for Electronic Rate and Form Filing). Any such filings received in any method other than through SERFF will be closed without action and returned to the company without review.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 2 - FILINGS: PROPERTY AND CASUALTY › Section 11:1-2.2 - Filing of rates, manual rules, rating plans, policy forms, and endorsements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Filings submitted to this Department for approval shall be explicit and self-contained, supported by statistics, where applicable, and shall set forth the information upon which the filer relied in making the filing.
(b) All commercial and personal lines filings shall be submitted to the Department through the use of the NAIC electronic filing system SERFF (System for Electronic Rate and Form Filing).
(c) All commercial lines and personal lines filings submitted to the Department shall also be accompanied by final printed pages/forms. Filers are required to use the SERFF Rate/Rule and/or Form Schedule(s) to identify the manual pages and/or forms being submitted. Failure to complete all fields under the SERFF schedule(s) as well as provide final printed material may result in the filing being closed without prejudice.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 2 - FILINGS: PROPERTY AND CASUALTY › Section 11:1-2.3 - Filing of changes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Filings containing changes in rates, rules, plans and forms previously approved for the filer shall be presented in the following fashion:
1. A copy of the page or pages containing the passage for which a change is proposed shall be filed in such form that the text is self-contained without need to refer to material not included in the filing. Matter to be changed or omitted by the filing shall be identified, preferably by marking the passages to be changed with a marking pencil; where matter is to be added, a mark (caret) shall so indicate.
2. A memorandum shall be filed reciting the rule or section of form to be changed, properly referenced as to the manual or form, with newly added matter underlined and matter to be eliminated in brackets [] or a side by side comparison indicating the proposed changes.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 2 - FILINGS: PROPERTY AND CASUALTY › Section 11:1-2.4 - Adoption of rules and forms approved for other filers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a filer proposes to adopt rules, rating plans, policy forms or endorsements previously approved for other filers in New Jersey, the filing shall clearly identify such reference including the name of the filer and the date such filings were approved in this State, including any amendments thereof. The Department staff will give reasonable assistance to a filer in obtaining such information to the extent that it is a public record:
1. Reference to filings of rating organizations or advisory organizations:
i. If the proponent wishes to adopt exactly and without any change filings approved for rating organizations or accepted for reference purposes on behalf of advisory organizations in New Jersey, the filing shall clearly identify such reference and shall not include a copy of the material referred to;
ii. If the proponent wishes to adopt filing material with some exceptions, he shall follow the procedure outlined under this subsection, submitting only pages containing such exceptions.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 2 - FILINGS: PROPERTY AND CASUALTY › Section 11:1-2.5 - New filings

Current through Register Vol. 56, No. 14, July 15, 2024
Action on new filings will be expedited if they are identified as to their foundation. Filings shall not be identified as new filings if they properly fall under the categories discussed under section 3 or 4 of this subchapter.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 2 - FILINGS: PROPERTY AND CASUALTY › Section 11:1-2.6 - Notification

Current through Register Vol. 56, No. 14, July 15, 2024
The filing with a cover letter shall be submitted to the Department of Banking and Insurance. Filers may choose to eliminate the submission of a cover letter provided that the SERFF Filing's General Information Filing Description Section is fully completed with a clear and precise description of the filing.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 2A - PERSONAL LINES FILINGS: RATE FILING REVIEW PROCEDURES › Section 11:1-2A.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the timeframes and procedures used by the Department to review, and allow for the Division of Rate Counsel's intervention on, significant personal lines rate filings as defined in this subchapter and to implement the applicable provisions of 17:29A-1 et seq. and 52:27EE-46 et seq. Pursuant to N.J.S.A. 52:27EE-48, the Division of Rate Counsel shall have no jurisdiction or authority to participate or intervene in:
1. Expedited prior approved rate filings made by an insurer or affiliated group of insurers pursuant to 17:29A-46.6 or 17:36-5.3 5;
2. Prior approval rate filings of seven percent or less; or
3. Rule or form filings for any other form of insurance.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 2A - PERSONAL LINES FILINGS: RATE FILING REVIEW PROCEDURES › Section 11:1-2A.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Commissioner" means the Commissioner of the New Jersey Department of Banking and Insurance.
"Contested case" means any proceeding so defined in N.J.S.A. 52:14B-2, specifically including a personal lines prior approval rate filing when a request for a hearing has been made by any party or when the Commissioner determines that a hearing on the filing is necessary.
"Department" means the New Jersey Department of Banking and Insurance.
"Division of Rate Counsel" means the division which pursuant to P.L. 2010, c. 34 (N.J.S.A. 52:27EE-46 et seq., as amended) is in, but independent of, the Department of the Treasury of New Jersey.
"Filer" means a rating organization or any insurer making its own rates or a portion thereof, establishing or proposing to establish a new rate or rate change.
"Parties" means the filer and any other person with a legal right to participate in the proceedings, who has served notice on the Commissioner of an intention to participate therein.
"Personal lines rate filing" means a filing by a rating organization or an insurer for insurance issued for personal, family or household purposes, as set forth at 11:13-1.2(a)2. For the purposes of this subchapter, a "personal lines rate filing" does not include private passenger automobile insurance.
"Rating organization" means every person or persons, corporation, partnership, company, society, or association engaged in the business of making rates or a portion thereof for two or more insurers and licensed in accordance with 17:29A-2.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 2A - PERSONAL LINES FILINGS: RATE FILING REVIEW PROCEDURES › Section 11:1-2A.3 - General filing provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Personal lines rate filings may be submitted by insurers or licensed rating organizations which are authorized to file rates for insurers that are members or subscribers of the rating organization.
1. Insurers that make their own rates shall submit filings themselves.
2. Filings submitted by rating organizations shall be submitted only for and on behalf of their member companies.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 11:1-3.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"ADA" means the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq.
"Agency" means the New Jersey Department of Banking and Insurance.
"Designated decision maker" means the Commissioner of Banking and Insurance or his or her designee.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 11:1-3.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. 35.107.
(b) The purpose of these rules is to establish a designated coordinator whose duties shall include assuring that the agency complies with and carries out its responsibilities under the ADA. Those duties shall also include the investigation of any complaint filed with the agency pursuant to 11:1-3.5 through 3.8.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 11:1-3.4 - Designated ADA coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated coordinator of ADA compliance and complaint investigation for the agency is:
ADA Coordinator
New Jersey Department of Banking and Insurance Office of Human Resources
PO Box 325
Trenton, New Jersey 08625-0325
(b) All inquiries regarding the agency's compliance with the ADA and the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency should be directed to the designated coordinator identified in (a) above.
(c) All grievances alleging that the agency has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the designated ADA coordinator identified in this section, in accordance with the procedures set forth in 11:1-3.5 through 3.8.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 11:1-3.5 - Grievance procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA coordinator identified in 11:1-3.4 within 30 days of the grievant becoming aware of the alleged violation. A grievance alleging employment discrimination will be processed pursuant to the rules of the Department of Personnel, 4A:7-1.1 through 3.4, if those rules are applicable.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 11:1-3.6 - Grievance contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grievance submitted pursuant to this subchapter may be submitted in or on the form set forth at 11:1-3.7.
(b) A grievance submitted pursuant to this subchapter shall include the following information:
1. The name of the grievant and/or any alternate contact person designated by the grievant to receive communication or provide information for the grievant;
2. The address and telephone number of the grievant or alternate contact person; and
3. A description of manner in which the ADA has not been complied with or has been violated, including times and locations of events and names of witnesses if appropriate.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 11:1-3.7 - Grievance form

Current through Register Vol. 56, No. 14, July 15, 2024
The following form may be utilized for the submission of a grievance pursuant to this subchapter:
Americans with Disabilities Act Grievance Form
Date:
.....................................................................
Name of grievant:
.....................................................................
Address of grievant:
.....................................................................
Telephone number of grievant:
.....................................................................
Name, address and telephone number
of alternate contact person:
.....................................................................
Agency alleged to have denied access:
Department:
.....................................................................
Division:
.....................................................................
Bureau or office:
.....................................................................
Location:
.....................................................................
Incident or barrier:
.....................................................................
Please describe the particular way in which you believe you have been denied the benefits of any service, program or activity or have otherwise been subject to discrimination. Please specify dates, times and places of incidents, and names and/or positions of agency employees involved, if any, as well as names, addresses and telephone numbers of any witnesses to any such incident. Attach additional pages if necessary.
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
Proposed access or accommodation:
If you wish, describe the way in which you feel access may be had to the benefits described above, or that accommodation could be provided to allow access.
.....................................................................
.....................................................................
.....................................................................
A copy of the above form may be obtained by contacting the designated ADA coordinator identified at 11:1-3.4.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 3 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 11:1-3.8 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a grievance submitted pursuant to this subchapter, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The designated ADA coordinator will also indicate a date by which it is expected that the investigation will be completed, which date shall not be later than 45 days from the date of receipt of the grievance unless a later date is agreed to by the grievant.
(b) Upon completion of the investigation, the designated ADA coordinator shall prepare a report for review by the designated decision maker for the agency. The designated decision maker shall render a written decision within 45 days of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant, which decision shall be transmitted to the grievant and/or the alternate contact person if so designated by the grievant.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 4 - UNFAIR DISCRIMINATION › Section 11:1-4.2 - Sex and/or marital discrimination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person engaged in the business of insurance in the State of New Jersey shall refuse to issue any policy of insurance, or shall cancel or decline to renew such policy because of the sex and/or marital status of the applicant or policyholder.
(b) A contravention of the preceding subsection shall be deemed an unfair and/or deceptive practice in the conduct of the business of insurance in this State in violation of 17:29B-1 et seq. and/or 17B:30-1 et seq.
(c) This rule is to be effective September 1, 1975.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 4 - UNFAIR DISCRIMINATION › Section 11:1-4.3 - Complications of pregnancy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This regulation is applicable to all persons engaged in the business of life and health insurance in the State of New Jersey.
(b) "Complications of pregnancy" shall mean:
1. Conditions (when the pregnancy is not terminated) whose diagnoses are distinct from pregnancy but are adversely affected by pregnancy or are caused by pregnancy, such as, acute nephritis, nephrosis, cardiac decompensation, missed abortion, and similar medical and surgical conditions of comparable severity, but shall not include false labor, occasional spotting, physician-prescribed rest during the period of pregnancy, morning sickness, hyperemesis gravidarum, preeclampsia, and similar conditions associated with the management of a difficult pregnancy not constituting a nosologically distinct complication of pregnancy; and
2. Nonelective caesarean section, ectopic pregnancy, which is terminated, and spontaneous termination of pregnancy, which occurs during a period of gestation in which a viable birth is not possible.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 5 - FIRE AND CASUALTY INSURANCE › Section 11:1-5.1 - FAIR Plan surcharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with 17:37A-21, the Commissioner shall, on or before April 1, determine the net value of the New Jersey Insurance Development Fund (Fund), as of the immediately preceding December 31. Upon finding that the net value of the Fund is less than five percent of the premiums written on basic property insurance, as that term is defined in 17:37A-2, in this State for the calendar year immediately preceding, the Commissioner shall, pursuant to 17:37A-20 and 21, prescribe by Order the amount of the policy premium surcharge, which, pursuant to 17:37A-19, authorized property insurers are obligated to collect from the insured under any policy of basic property insurance. The amount of the surcharge shall be established by the Commissioner in the Order, but the aggregate amount of the surcharge shall not exceed five percent of the premiums written on basic property insurance in this State in the most recent calendar year. Upon determining that the net value of the Fund equals or exceeds five percent of the premiums written on basic property insurance in this State for the calendar year immediately preceding, the Commissioner shall order that the imposition and collection of the surcharge be terminated.
1. Any Order issued by the Commissioner shall set forth the Commissioner's findings of fact with respect to his or her determination of the net value of the Fund and the amount of the surcharge.
i. The Commissioner shall establish the amount of any surcharge, so as to replenish the Fund to a level equal to five percent of the premiums written on basic property insurance in this State within a reasonable time.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 5 - FIRE AND CASUALTY INSURANCE › Section 11:1-5.2 - Notice of cancellation and nonrenewal of fire and casualty coverage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All fire and casualty policies of insurance, except accident and health policies, shall provide for the issuing company to give:
1. Thirty days' written notice to the insured of the cancellation of any policy;
2. Thirty days' written notice of cancellation of any policy to any mortgagee mentioned in said policy; and
3. Thirty days' written notice to the insured of said company's intent not to renew any policy.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 5 - FIRE AND CASUALTY INSURANCE › Section 11:1-5.3 - FAIR Plan short notice cancellation procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a notice of cancellation is served by mail, three days from the date of mailing shall be added to the otherwise applicable notice period.
(b) The association shall submit to the Commissioner, no later than three days after the last day of each month, a copy of all short notice cancellations issued during that month.
(c) The association shall notify the insured of any cancellation in a writing setting forth the reason or reasons for cancellation and the effective date. The writing shall advise the insured of a right to appeal the cancellation to the association within 15 days of the date of mailing, and if the appeal is denied, to the Department of Banking and Insurance. This hearing shall not be considered a contested case under the Administrative Procedure Act (APA). The appeal shall be processed in the following manner:
1. Upon issuance of a short notice cancellation, the file will be placed into special suspense, for a period of 15 days from the date of mailing of notice. If no written notice of appeal is received from the insured or his representative within that period, cancellation will be processed and return premium (if any) forwarded to the producer of record.
2. If timely written request for appeal is received, the following steps will be taken:
i. The N.J.I.U.A. appeals committee will review and determine the appeal within five working days from receipt of request for appeal. If the result of the appeal is favorable, a letter advising the insured or his representative, the producer and the mortgagee (if any) of favorable action will be sent together with reinstatement notice stating that no lapse in coverage has occurred.
ii. If the appeals committee denies the appeal for reinstatement, a letter advising the insured or his representative, the producer or mortgagee (if any) of this action and a right to appeal to the Commissioner will be sent; a copy will be forwarded to the Department of Banking and Insurance.
(1) The file will remain in suspense for 30 days awaiting notice of appeal to the Commissioner.
(2) Upon receipt of the appeal request, the Department of Banking and Insurance will notify N.J.I.U.A. and advise that the file should be held in suspense for an additional period.
(3) If, after 35 days have elapsed from the association's decision to deny appeal and no notification has been received from the Department of Banking and Insurance of a pending appeal, cancellation will be processed and premium returned (if any) to the producer of record.
(4) The Department of Banking and Insurance will advise N.J.I.U.A. of its decision. If the appeal is granted, the policy will be reinstated without lapse. If the appeal is denied, cancellation will be processed and premium returned (if any) to the producer of record.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 5 - FIRE AND CASUALTY INSURANCE › Section 11:1-5.4 - Distribution of fire insurance premium tax

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fire insurance premium taxes paid by insurers not domiciled in the State of New Jersey are required to be distributed to the respective Firemen's Relief Association in which the property is situated.
(b) A three digit Firemen's Relief Association Code, published in the ISO New Jersey Public Fire Protection Classifications Manual, has been promulgated by the Insurance Services Office (ISO) for the purpose of coding the policies to properly allocate the premium taxes.
(c) The following steps shall be taken to assure correct tax distribution:
1. All agents, surplus lines agents and brokers producing fire insurance on any risks located in New Jersey are required to properly describe the risk and its location on the Policy Declaration Sheet.
2. The description of the property shall contain the complete address at which the property is located including the legal name of the municipality and the Firemen's Relief Association Code as promulgated by the Insurance Services Office.
3. All insurance companies writing fire insurance on property located in New Jersey shall require their agents to designate the Firemen's Relief Association by code on each Policy Declaration Sheet and disclose the complete address at which the property is located including the legal name of the municipality.
4. Each insurance company shall use the Firemen's Relief Association code as promulgated by the Insurance Services Office in making its annual report pursuant to 54:18-1 to the respective treasurers of the duly incorporated Firemen's Relief Association in which any property on which the company has taken a fire insurance risk is located.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 5 - FIRE AND CASUALTY INSURANCE › Section 11:1-5.5 - Notice regarding flood damage coverage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All fire and casualty insurers, including the New Jersey Insurance Underwriting Association (FAIR Plan), that write homeowners insurance, as defined in 11:2-42.2, shall provide their policyholders at least annually with a notice that includes the following information:
1. A homeowners insurance policy does not cover property damage from floods.
2. Flood means a general and temporary condition of partial or complete inundation of normally dry land area from:
i. The overflow of inland or tidal waters;
ii. The unusual and rapid accumulation or runoff of surface waters from any source;
iii. Mudslides (that is, mudflows) that are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, including your premises, as when earth is carried by a current of water and deposited along the path of the current;
3. Flood also includes the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding cyclical levels, which results in the partial or complete inundation of normally dry land area;
4. A separate policy of flood insurance may be available to cover flood damage at an additional premium;
5. The insurer or insurance agent should be consulted to obtain further information about how to secure flood insurance, including the availability, terms and coverage;
6. Standard homeowners insurance policies do not cover damage to property, contents and structure resulting from floods; however, flood insurance may be available through the National Flood Insurance Program which exists in participating communities; and
7. The National Flood Insurance Program coverage contains separate content and structure coverage. A policyholder should consult with the National Flood Insurance Program or his insurer or insurance producer as to whether the coverage selected is appropriate to the policyholder's needs.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 5 - FIRE AND CASUALTY INSURANCE › Section 11:1-5.6 - FAIR plan retention level

Current through Register Vol. 56, No. 14, July 15, 2024
The retention level for the FAIR plan established pursuant to 17:37A-18 shall be $ 35 million.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 6 - NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION ASSESSMENT PREMIUM SURCHARGE › Section 11:1-6.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter provides for the recoupment by member insurers of the Association of assessments paid pursuant to N.J.S.A. 17:30A-8a(3).
(b) This subchapter applies to all assessments imposed on member insurers pursuant to N.J.S.A. 17:30A-8a(3) and which have not been recouped as of September 3, 1991. This subchapter does not apply to any assessments imposed on member insurers pursuant to N.J.S.A. 17:30A-8a(9).
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 6 - NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION ASSESSMENT PREMIUM SURCHARGE › Section 11:1-6.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Association" means the New Jersey Property-Liability Insurance Guaranty Association established pursuant to 17:30A-1 et seq.
"Commissioner" means the Commissioner of the New Jersey Department of Insurance.
"Department" means the New Jersey Department of Insurance.
"Member insurer" is as defined in N.J.S.A. 17:30A-5f.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 6 - NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION ASSESSMENT PREMIUM SURCHARGE › Section 11:1-6.3 - Establishment of Association assessment premium surcharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a determination by the Commissioner that a surcharge on premiums is necessary to permit member insurers to recoup assessments paid to the Association pursuant to NJ.S.A. 17:30A-8a(3), he or she shall order within 30 days of the due date of an assessment that a surcharge be imposed on net direct written premiums for policies to which NJ.S.A. 17:30A-1 et seq., applies. The Order will be posted on the Department's current website, at
www.state.nj.us/dobi/index.html
.
(b) The amount of a surcharge shall be established by the Commissioner by Order. In determining the amount of a surcharge the Commissioner shall consider:
1. The amount of any assessment on member insurers imposed by the Association pursuant to N.J.S.A. 17:30A-8a(3);
2. The surcharge amount necessary in the Commissioner's opinion to permit member insurers to recoup any assessment paid to the Association pursuant to N.J.S.A. 17:30A-8a(3) over a reasonable time which shall not be less than one year, except in the case of excess medical benefits assessments which shall be recouped as provided at 17:30A-16 within not more than two years of the date they are paid; and
3. The net direct written premiums for all lines of insurance to which 17:30A-1 et seq. applies.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 6 - NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION ASSESSMENT PREMIUM SURCHARGE › Section 11:1-6.4 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
All insurers collecting a surcharge established pursuant to this subchapter shall file by March 1 of each year a reconciliation form on a form to be provided by the Commissioner. The form shall show the assessments paid to the Association and the surcharges collected by the insurer, if any, during the calendar year immediately preceding. This information shall be forwarded to:
New Jersey Department of Banking and Insurance
Office of Solvency Regulation
20 West State Street
PO Box 325
Trenton, NJ 08625-0325
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 6 - NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION ASSESSMENT PREMIUM SURCHARGE › Section 11:1-6.5 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Failure to comply with the provisions of this subchapter may result in the imposition of penalties as authorized by law, including, but not limited to, penalties set forth in 17:33-2.
New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 1 - ADMINISTRATION › Subchapter 7 - MEDICAL MALPRACTICE REPORTING REQUIREMENTS › Section 11:1-7.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of these rules is to implement 17:30D-17(a), (b), and (h). These statutory provisions require insurers, insurance associations and licensed medical practitioners to notify the Commissioner and the Medical Practitioner Review Panel of any medical malpractice claim settlements, judgments, or arbitration awards involving a licensed practitioner. They also require notification to the Medical Practitioner Review Panel of any termination or denial of malpractice insurance coverage to a practitioner, or any surcharge assessed against a practitioner. These rules establish the form and content of the notices required under these statutory provisions.
(b) These rules apply to all insurers or insurance associations authorized to issue medical malpractice liability insurance in New Jersey, and to all practitioners licensed by the State Board of Medical Examiners.