reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 33 - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:45A-33.5 - Frequency requirements for transmitting information; confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Physicians and alternative treatment centers shall transmit required information to the Division of Consumer Affairs (Division) at least once a week on the day and at the time specified by the Division.
(b) If a physician or alternative treatment center discovers an omission or error in the transmitted information, the physician or alternative treatment center shall immediately notify the Division and shall submit the omitted or corrected information to the Division during the next scheduled reporting period after the discovery.
(c) Physicians and alternative treatment centers shall transmit required information in such a manner as to ensure the confidentiality of patient information in compliance with all Federal and State laws, rules and regulations, including the Federal Health Insurance Portability and Accountability Act of 1996, PL 104-191.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 33 - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:45A-33.6 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
The Division of Consumer Affairs (Division) may waive the reporting requirements for physicians and/or alternative treatment centers imposed under this subchapter if the Division is able to obtain the requested information from the Department of Health and Senior Services in an electronic format.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 34 - INTERNATIONAL LABOR MATCHING ORGANIZATIONS AND INTERNATIONAL MATCHMAKING ORGANIZATIONS › Section 13:45A-34.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter implement the provisions of P.L. 2009, c. 152, 56:8-185 et seq., concerning international labor matching organizations and international matchmaking organizations and establish procedures for the registration of such organizations.
(b) The rules in this subchapter shall apply to owners, prospective owners, and employees of international labor matching organizations and international matchmaking organizations that are required to register with the Division pursuant to 56:8-185 et seq., and 13:45A-34.3, and to owners, prospective owners, and employees of such organizations that choose to voluntarily register with the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 34 - INTERNATIONAL LABOR MATCHING ORGANIZATIONS AND INTERNATIONAL MATCHMAKING ORGANIZATIONS › Section 13:45A-34.4 - Disqualifying crimes; petition for review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person whose criminal history record background check reveals a conviction for any of the following crimes and offenses shall be disqualified from owning or being employed by an international labor matching organization or an international matchmaking organization:
1. If the conviction was in New Jersey for a crime:
i. Involving danger to the person as set forth in 2C:11-1 et seq., 2C:12-1 et seq., 2C:13-1 et seq., 2C:14-1 et seq., or 2C:15-1 et seq.;
ii. Against others, including family and children, as set forth in 2C:24-1 et seq., or of domestic violence as set forth in 2C:25-17 et seq.;
iii. Involving theft as set forth in N.J.S.A. 2C-20-1 et seq.;
iv. Involving any controlled dangerous substance or analog as set forth in 2C:35-1 et seq., except 2C:35-10.a.(4);
v. Involving terrorism as set forth in 2C:38-1 et seq.; or
vi. Involving prostitution and related offenses as set forth in 2C:34-1; or
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 34 - INTERNATIONAL LABOR MATCHING ORGANIZATIONS AND INTERNATIONAL MATCHMAKING ORGANIZATIONS › Section 13:45A-34.5 - Information provided to recruits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An international labor matching organization or an international matchmaking organization shall advise a recruit in writing, in the recruit's native language, that the recruit has the right to ask for criminal history record information on all clients he or she may be placed in contact with.
1. Upon receipt of a request for information from a recruit, an international labor matching organization or an international matchmaking organization shall refrain from providing any further services to the recruit or to the client to facilitate future interaction between the recruit and the client until the client has submitted to the organization a complete transcript of his or her criminal history record obtained from the State Bureau of Identification in the Division of State Police, and the organization has provided this information to the recruit. The client shall bear the cost for the criminal history record background check, including all costs of administering and processing the check.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 34 - INTERNATIONAL LABOR MATCHING ORGANIZATIONS AND INTERNATIONAL MATCHMAKING ORGANIZATIONS › Section 13:45A-34.6 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An international labor matching organization or an international matchmaking organization shall retain a copy of the organization's registration. The organization shall also retain a copy of the certification of each owner, prospective owner, and employee for the duration of the owner's, prospective owner's, or employee's affiliation with the organization. The certifications shall be made available upon request to members of the general public.
(b) An international labor matching organization or an international matchmaking organization shall maintain its business records for a minimum of three fiscal years. Such records shall be made available to the Division upon request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 34 - INTERNATIONAL LABOR MATCHING ORGANIZATIONS AND INTERNATIONAL MATCHMAKING ORGANIZATIONS › Section 13:45A-34.7 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
Any violations of this subchapter shall be deemed a violation of the Consumer Fraud Act and may subject an organization or person to the assessment of penalties pursuant to 56:8-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 35 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-35.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter implement the provisions of P.L. 2007, c. 244, as amended by P.L. 2015, c. 74 and P.L. 2017, c. 341 (N.J.S.A. 45:1-44 through 51), establishing a Prescription Monitoring Program (PMP) in the Division of Consumer Affairs.
(b) The rules in this subchapter shall apply to the following:
1. A pharmacy filling prescriptions in New Jersey in an outpatient setting for a Schedule II, III, IV, or V controlled dangerous substance, for human growth hormone, or gabapentin.
i. For purposes of this subchapter, "human growth hormone" means somatrem, somatropin, or any analogue of either of them, consistent with
21 U.S.C. §
													333
(e)4;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 35 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-35.3 - Pharmacy reporting requirements; electronic format

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pharmacy filling a prescription for a Schedule II, III, IV, or V controlled dangerous substance, for human growth hormone, as defined in N.J.A.C. 13:45A-35.1, or for gabapentin, in an outpatient setting, shall collect and electronically transmit to the Division's PMP vendor on a daily basis information for each prescription, as specified in the New Jersey PMP Data Collection Manual.
1. For purposes of this section, in accordance with N.J.S.A. 45:1-45 and as specified in the Data Collection Manual, the following information shall be collected and transmitted to the Division:
i. The surname, first name, and date of birth of the patient for whom the medication is intended;
ii. The street address and telephone number of the patient;
iii. The date that the medication is dispensed;
iv. The number or designation identifying the prescription and the National Drug Code of the drug dispensed;
v. The pharmacy permit number of the dispensing pharmacy;
vi. The prescribing practitioner's name and Drug Enforcement Administration registration number;
vii. The name, strength, and quantity of the drug dispensed, the number of refills ordered, and whether the drug was dispensed as a refill or a new prescription;
viii. The date that the prescription was issued by the practitioner;
ix. The source of payment for the drug dispensed;
x. Identifying information for any individual, other than the patient for whom the prescription was written, who picks up the prescription, if the pharmacist has a reasonable belief that the person picking up the prescription may be seeking a controlled dangerous substance, in whole or in part, for any reason other than delivering the substance to the patient for the treatment of an existing medical condition.
(1) For purposes of this subparagraph, "identifying information" includes the individual's first and last name, relationship to the patient, and, if available, the type of, and identification number on, a state or Federal government identification; and
xi. Such other information, not inconsistent with Federal law, regulation, or funding eligibility requirements, as the Director determines necessary and that is set forth in the Data Collection Manual.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 35 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-35.4 - Requests for exemption or waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pharmacy that does not dispense Schedule II, III, IV, or V controlled dangerous substances, human growth hormone, or gabapentin, or that dispenses Schedule II, III, IV, or V controlled dangerous substances, human growth hormone, or gabapentin only to inpatients in a hospital, long-term or other facility in which the residents are provided with 24-hour nursing care, shall apply to the Division for an exemption from the PMP on a form supplied by the Division and available at
www.njconsumeraffairs.gov
.
(b) A pharmacy may apply for a waiver of the PMP electronic reporting requirements contained in this subchapter or in the Data Collection Manual for good cause, such as technological limitations or financial hardship, by filing a written application for waiver with the Division on a form supplied by the Division and available at
www.njconsumeraffairs.gov
. The application for waiver shall document the reasons for the pharmacy's inability to comply with the electronic submission requirement and shall specify the format the pharmacy proposes to use to submit required information to the PMP vendor.
(c) An application for exemption or waiver request granted pursuant to this section shall be valid until June 30 of the following year unless otherwise limited by the Division. If the conditions that necessitated the exemption or waiver are corrected or no longer exist, the pharmacy shall notify the Division, and the exemption or waiver shall become void. If the reasons necessitating the exemption or waiver persist, the pharmacy shall, by June 30 of each year as part of its pharmacy permit or out-of-State pharmacy registration annual renewal application, apply to the Division for a renewal of the exemption or waiver.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 35 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-35.5 - Frequency requirements for transmitting information; confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pharmacy shall transmit prescription information required by N.J.A.C. 13:45A-35.3 to the PMP vendor on a daily basis pursuant to the schedule established in the Data Collection Manual. Omissions and errors in the transmitted information shall be corrected and submitted as provided in the Data Collection Manual.
(b) A pharmacy shall transmit the required prescription information in such a manner as to ensure the confidentiality of patient information in compliance with all Federal and State laws, rules, and regulations, including the Federal Health Insurance Portability and Accountability Act of 1996 and the Federal health privacy rule set forth at 45 CFR Parts 160 and 164.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 35 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-35.6A - Access to prescription monitoring information: electronic health record system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division may make prescription monitoring information available on electronic systems that collect and display health information, such as an electronic system that connects hospital emergency departments for the purpose of transmitting and obtaining patient health data from multiple sources, or an electronic system that notifies practitioners of information pertaining to the treatment of overdoses, provided that the Division determines that any such electronic system has appropriate security protections in place.
(b) Practitioners who are required to access prescription monitoring information pursuant to N.J.A.C. 13:45A-35.9, may discharge that responsibility by accessing one or more authorized electronic systems into which the prescription monitoring information maintained by the Division has been integrated.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 35 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-35.7 - Registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All persons authorized to have online access to PMP information shall register with the Division. To register, all persons shall:
1. Provide the Division with a unique individual e-mail address.
2. Complete an online tutorial upon initial access to the PMP and as deemed necessary by the Director.
3. Submit all documentation required by the Division to verify the person's identity and credentials. The required documentation shall be listed on the New Jersey Prescription Monitoring Program website at
www.njconsumeraffairs.gov
.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 35 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-35.8 - Delegates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A practitioner or a faculty member authorized by a medical or dental teaching facility may designate a delegate or delegates for the purpose of accessing PMP information for a new or current patient, or a prescriber, consistent with the requirements of this subchapter.
1. As set forth in this subsection, for each designated delegate, a practitioner or a faculty member authorized by a medical or dental teaching facility is responsible for the use or misuse of the PMP and the prescription monitoring information, ensuring compliance with the recordkeeping requirements, conducting a bi-annual audit, and verifying the education, training, and licensure or certification requirements for each delegate.
2. A delegate may be an authorized delegate for more than one practitioner.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 35 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-35.9 - Mandatory look-up

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (c) below, a practitioner or the practitioner's delegate shall access prescription monitoring information for a new or current patient consistent with the following:
1. The first time the practitioner prescribes a Schedule II controlled dangerous substance or any opioid to a new or current patient for acute or chronic pain;
i. When the practitioner or the practitioner's delegate accesses the prescription monitoring information for a new patient in advance of the scheduled appointment, the practitioner or delegate shall document the new patient's request for professional services;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 35 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-35.10 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each practitioner and each authorized faculty member of a medical or dental teaching facility who designates a delegate shall establish, retain, and follow written procedures to document, as part of the patient record, the PMP look-up as required in N.J.A.C. 13:45A-35.9 and any PMP information accessed for the patient.
1. Each delegate shall follow the documentation procedures established by his or her delegating practitioner.
2. Examples of documentation include a summary notation of the information reviewed by the practitioner or the printed PMP report in the patient record.
3. Once PMP information is documented in the patient record, disclosure of such information is governed by applicable State laws, other than
45:1-45
, and Federal laws, including the Federal Health Insurance Portability and Accountability Act of 1996 and the Federal health privacy rule set forth at 45 CFR Parts 160 and 164.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 35 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-35.11 - Professional misconduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Noncompliance with the rules in this subchapter may be deemed professional misconduct and may subject the pharmacy permit holder, an out-of-State pharmacy that is subject to this subchapter, pharmacist, practitioner, licensed health care professional, registered dental assistant, mental health practitioner, or licensed athletic trainer to disciplinary action pursuant to the provisions of N.J.S.A. 45:1-21 and to the penalties set forth in N.J.S.A. 45:1-49.
(b) Noncompliance with the rules in this subchapter by a delegate may be deemed professional misconduct by the practitioner and may subject the practitioner to disciplinary action pursuant to the provisions of
45:1-21
and to the penalties set forth in 45:1-49.
(c) Noncompliance with the rules in this subchapter may provide a basis for the withdrawal of the authorization of a registered resident to engage in the practice of medicine or the practice of dentistry, as applicable. Upon receipt of the notice of proposed withdrawal, the registered resident may request a hearing, which shall be conducted pursuant to the Administrative Procedure Act,
52:14B-1
et seq. and
52:14F-1
et seq.
(d) Noncompliance with the rules in this subchapter may provide a basis for the withdrawal of the authorization to a certified medical assistant or medical scribe to access the PMP. Upon receipt of the notice of proposed withdrawal, the certified medical assistant or medical scribe shall have an opportunity to provide a written explanation for the noncompliance.
(e) The Division shall refer noncompliance with the rules in this subchapter to the appropriate licensing board.
(f) The Division shall refer to law enforcement, which may result in a criminal conviction and a civil penalty in accordance with
45:1-49
the following persons:
1. A person who is authorized to obtain prescription monitoring information from the PMP who knowingly discloses such information in violation of the provisions of
45:1-45
through 50.
i. The production of a patient record in response to a lawful request by the patient, an authorized representative of the patient, or pursuant to a subpoena or other court order shall not be deemed a knowing disclosure within the meaning of the statute;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 35 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-35.12 - Patient requests to correct inaccurate information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A patient, or the parent or legal guardian of an unemancipated minor who is a patient, may request a pharmacy permit holder that submitted prescription monitoring information concerning a prescription for controlled dangerous substances for that patient or unemancipated minor to correct information that the person believes to have been inaccurately entered into that patient's or unemancipated child's prescription profile. The request shall be in writing using the process established by the pharmacy permit holder.
(b) A pharmacy permit holder shall have written policies and procedures for processing, evaluating, reviewing, and handling patient requests to correct information submitted to the prescription monitoring program. The policies and procedures shall include, at a minimum:
1. A statement explaining in detail the basis for the requested correction;
2. The precise change requested;
3. Documentation of the error and of the correct information; and
4. The requester's name, address, telephone number, and original signature.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 231 (N.J.S.A. 5:20-1et seq.), which regulate fantasy sports operators.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.3 - Permission to provide fantasy sports activities for entities operating prior to August 24, 2017

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fantasy sports operator that was offering fantasy sports activities in New Jersey on August 24, 2017, shall be permitted to continue to provide fantasy sports activities until April 7, 2018.
(b) A fantasy sports operator that is permitted to provide fantasy sports activities pursuant to (a) above and that applies for a permit prior to April 7, 2018, shall be able continue to offer fantasy sports activities while its application is pending with the Division.
(c) A fantasy sports operator that does not qualify to offer fantasy sports pursuant to (a) above shall not provide, administer, manage, or otherwise make available fantasy sports activities until it has obtained a fantasy sports operator permit from the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.4 - Application for permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a fantasy sports operator permit shall submit to the Division:
1. A completed application, on a form provided by the Division;
2. Proof that the applicant maintains equipment pursuant to the requirements of N.J.A.C. 13:45A-36.5; and
3. The application fee as set forth in N.J.A.C. 13:45A-36.17.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.5 - Equipment used to conduct fantasy sports activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a fantasy sports operator is a casino, all of the equipment it uses to conduct fantasy sports activities shall be physically located within the boundaries of the municipality specified in section 20 of P.L. 2013, c. 27 (N.J.S.A. 5:12-95.22).
(b) If a fantasy sports operator is not a casino, at least one server used to conduct fantasy sports activities shall be physically located within the boundaries of the municipality specified in section 20 of P.L. 2013, c. 27 (N.J.S.A. 5:12-95.22).
(c) The Division shall have the authority to inspect the facilities of fantasy sports operators, including any servers maintained pursuant to (a) and (b) above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.6 - Conduct of fantasy sports activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fantasy sports operators shall conduct fantasy sports activities so that the outcome is determined by statistics generated based on the performance of actual individuals participating in real competitions or athletic events.
(b) The outcome of fantasy sports activities shall not be based solely on the performance of an individual athlete or on the score, point spread, or any performance of a single real team or combination of real teams.
(c) Prizes offered to participants shall be established and disclosed in advance to all participants. The value of a prize shall not be determined by the number of participants or the amount of entry fees paid by participants.
(d) A fantasy sports operator shall not make any false statement or fail to disclose any information requested by the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.7 - Prohibited practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fantasy sports operator shall not:
1. Share statistical information with third parties that could affect a fantasy sports activity until that information is publicly available;
2. Allow a prohibited participant to participate in fantasy sports activities;
3. Provide any fantasy sports activities based on high school athletics; or
4. Allow a participant under the age of 18 years to participate in fantasy sports activities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.8 - Fairness of fantasy sports activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fantasy sports operator, its employees, officers, and directors shall not disclose proprietary or non-public information that may affect fantasy sports activities to any participant.
(b) A fantasy sports operator shall not knowingly permit an athlete, sports agent, team employee, referee, or league official to provide proprietary or non-public information to any participant.
(c) A fantasy sports operator shall prevent the following from being participants in fantasy sports activities offered by the fantasy sports operator:
1. Owners, directors, or officers of the fantasy sports operator; and
2. Employees of the fantasy sports operator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.9 - Administration of fantasy sports activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fantasy sports operators shall adopt procedures to ensure that prohibited participants and participants under the age of 18 years do not participate in fantasy sports activities. A fantasy sports operator shall refund any money held in an account created by a participant under the age of 18.
(b) Fantasy sports operators shall offer individuals the ability to restrict themselves from participating in fantasy sports activities and take steps to prevent such individuals from participating in fantasy sports activities.
(c) Fantasy sports operators shall establish a limitation on the number of entries an individual participant may submit for each fantasy sports activity, shall disclose this number of entries, and shall take steps to prevent a participant from exceeding that number.
(d) Fantasy sports operators shall either segregate participants' funds from operational funds or maintain a reserve in cash, cash equivalents, payment processor reserves, receivables, an irrevocable letter of credit, a bond, or combination thereof, in the amount of the deposits in participant' accounts, which the fantasy sports operator has no interest in, or title to, and which is:
1. At least equal to the sum of all funds held in participants' accounts and all prizes owed or which will be owed for fantasy sports activities;
2. Protected from claims of the fantasy sports operator's creditors other than participants for whose benefit the reserve is established; and
3. If the reserve is maintained in the form of cash, cash equivalent, or an irrevocable letter of credit, it must be held or issued by a Federally insured financial institution. Reserves in the form of cash or cash equivalent must be established pursuant to a written agreement between the fantasy sports operator and a financial institution or insurance carrier, but the fantasy sports operator may engage an intermediary company or agent to deal with the financial institution or insurance carrier, in which event the reserve may be established pursuant to written agreements between the fantasy sports operator and the intermediary, and the intermediary and the financial institution or insurance carrier.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.10 - Annual audits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fantasy sports operators shall contract with a licensed certified public accountant to perform a financial audit of the operator and submit the accountant's report to the Division annually , no later than the first day of the seventh month following the close of the fantasy sports operator's fiscal year.
(b) Along with the audit required by (a) above , fantasy sports operators shall provide an addendum prepared by a licensed certified public accountant that break s down for each quarter:
1. Total entry fees for the fantasy sports operator;
2. Total prizes paid out by the fantasy sports operator;
3. Total entry fees paid by participants in New Jersey;
4. Amount in participant accounts for participants in New Jersey; and
5. If the fantasy sports operator maintains reserves in cash, cash equivalents, payment processor reserves and receivables, an irrevocable letter of credit, a bond, or a combination thereof, pursuant to N.J.A.C. 13:45A-36.9(e), a report on such reserves in cash, cash equivalents, payment processor reserves and receivables, an irrevocable letter of credit, a bond, or a combination thereof.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.11 - Operations fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (d) below, a fantasy sports operator shall pay to the Division, on a quarterly basis, an operations fee in an amount equal to 10.5 percent of fantasy sports gross revenue for each quarter. The operations fee will be deposited into the general fund of the State.
(b) Operation fees will be due on April 20, July 20, October 20, and January 20.
(c) Along with the operation fees, fantasy sports operators shall complete and submit the operation fee form provided by the Division.
(d) A fantasy sports operator who solely operates a season-long single -sport fantasy sports activity, may estimate its quarterly operations fee based upon its fantasy sports gross revenue from the previous year. Such a fantasy sports operator would pay a quarterly operations fee that would be equal to 10.5 percent of fantasy sports gross revenue from the previous year divided by four.
(e) A fantasy sports operator that seeks to pay an operations fee pursuant to (d) above shall notify the Division that it will be following the requirements of (d) above prior to payment of the operations fee.
(f) A fantasy sports operator that pays an operations fee pursuant to (d) above and whose estimated quarterly payments for the first three quarters are greater than or less than the amount the fantasy sports operator would have owed if the operations fee was calculated pursuant to (a) above, shall adjust the payment for the fourth quarter to reflect the over- or underpayment of the operations fee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.12 - Required policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fantasy sports operators shall establish policies that address:
1. Procedures to handle security incidents, including system failures, loss of service, breaches of confidentiality, and malicious intrusion. Such procedures shall address:
i. Analysis and cause of the security incident;
ii. Containment;
iii. Planning and implementation of corrective action to prevent recurrence;
iv. Communication with New Jersey participants affected by or involved with recovery from the security incident; and
v. Reporting of the action to the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.13 - Participant complaint procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fantasy sports operators shall develop procedures by which participants may file a complaint about any aspect of a fantasy sports activity. Fantasy sports operators shall notify participants as to complaint procedures.
(b) Fantasy sports operators shall respond to participant complaints in writing within 10 business days of receipt of a complaint.
(c) If the response to a complaint required by (b) above is that more information is needed, the form and nature of the necessary information shall be specifically stated. When additional information is received, further response shall be required within seven business days.
(d) Any complaints received by a fantasy sports operator from a participant and the response to the complaint shall be retained for at least seven years and made available to the Division upon request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.14 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fantasy sports operators shall maintain records of:
1. Each fantasy sports activity offered, which shall include:
i. The date and time the fantasy sports activity started and ended;
ii. Prize structure used;
iii. Participants that entered the fantasy sports activity;
iv. Selections each game participant made for his or her team;
v. Total number of points earned by each participant's team;
vi. Total amount of entry fees paid;
vii. Results, including the points earned by the winning participant or participants;
viii. Total amount of participants' winnings; and
ix. Total amount of cash or cash equivalents awarded to participants.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.15 - Single account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fantasy sports operator shall limit each participant to one active account and username.
(b) A fantasy sports operator shall establish procedures to terminate accounts of any participant that establishes or seeks to establish more than one username or more than one account.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.16 - Prohibition on extensions of credit to game participants

Current through Register Vol. 56, No. 14, July 15, 2024
A fantasy sports operator shall not extend credit to a participant for purposes of participating in a fantasy sports activity.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.17 - Player funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fantasy sports operator shall not allow a participant to transfer funds to any other participant.
(b) After a participant's identity has been verified, a participant shall be allowed to withdraw funds maintained in his or her account, whether such account is opened or closed. Such requests must be honored within five business days of the request. For purposes of this section, a request for withdrawal will be considered honored if it is processed by the fantasy sports operator, notwithstanding a delay by a payment processor, credit card issuer, or the custodian of a financial account.
(c) A fantasy sports operator shall not allow a participant's account to be overdrawn unless caused by payment processing issues outside of the control of the fantasy sports operator.
(d) A fantasy sports operator may decline to honor a request to withdraw funds if the fantasy sports operator believes in good faith that the participant engaged in either fraudulent conduct or conduct that would put the fantasy sports operator in violation of the law. In such cases, the fantasy sports operator shall:
1. Provide notice to the participant of the nature of the investigation of the account; and
2. Conduct an investigation in a reasonable and expedient fashion, providing the participant additional written notice of the status of the investigation every 10th business day starting from the day the original notice was provided to the participant.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.18 - Renewal of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fantasy sports operator permits shall be renewed annually.
(b) Fantasy sports operators shall submit a renewal form and the permit fee as set forth in N.J.A.C. 13:45A-36.19 to the Division 45 days prior to the expiration date of the permit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 36 - PRESCRIPTION MONITORING PROGRAM › Section 13:45A-36.19 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall charge the following non-refundable fantasy sports operator permitting fees:
1. Application fee ......................................................................... $ 500.00
2. Permit fee:
i. For fantasy sports operator with fantasy sport gross revenue up to $ 49,999 ......................................................................... $ 5,000
ii. For fantasy sports operator with fantasy sport gross revenue between $ 50,000 to $ 99,000 ......................................................................... $ 10,000
iii. For fantasy sports operator with fantasy sport gross revenue between $ 100,000 to $ 250,000 ......................................................................... $ 20,000
iv. For fantasy sports operator with fantasy sport gross revenue over $ 250,000 ......................................................................... $ 50,000
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 37 - DEED PROCUREMENT SERVICES › Section 13:45A-37.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Deed" means a written instrument entitled to be recorded in the office of a county recording officer that purports to convey or transfer title to a freehold interest in any lands, tenements, or other realty in this State by way of grant or bargain and sale thereof from the named grantor to the named grantee. A leasehold interest for 99 years or more or a proprietary lease of a cooperative unit and any assignment of a proprietary lease of a cooperative unit, shall be treated as a "freehold" for the purpose of N.J.S.A. 56:8-208 and 209 and this chapter. Instruments providing for common driveways; for exchanges of easements or rights-of-way; for revocable licenses to use, adjust, or to clear defects of or clouds on title; to provide for utility service lines, such as drainage, sewerage, water, electric, telephone, or other such service lines; or to quitclaim possible outstanding interests, shall not be "deeds" for the purposes of N.J.S.A. 56:8-208 and 209 or this chapter.
"Deed procurement service" means the provision by a non-governmental entity of one or more copies of deeds for lands, tenements, or other realty in this State to a property owner, for a fee in excess of the amount authorized pursuant to Title 22A of the New Jersey Statutes that the county clerk's office assesses for providing copies of deeds, and not in relation to the transfer or sale of, or the mortgage origination, mortgage servicing, mortgage refinancing, property tax servicing, or other action initiated by or on behalf of the owner with respect to, such lands, tenements, or realty.
"Written form of communication" or "communication" means a written or electronic communication used by a deed procurement service in order to solicit business.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 37 - DEED PROCUREMENT SERVICES › Section 13:45A-37.2 - Requirements for written forms of communication used to solicit business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any written form of communication used by a deed procurement service in order to solicit business shall include the following:
1. A statement that the communication is an advertisement;
2. A statement that deeds also may be obtained at the office of the county clerk;
3. The address, website, and phone number for the county clerk of the county in which the consumer receiving the solicitation resides; and
4. The fee that is charged by the county clerk for copies of deeds.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 1 - PURPOSE AND SCOPE; DEFINITIONS › Section 13:45B-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules contained in this chapter implement 34:8-43 et seq. and 56:8-1.1, and regulate the operation of persons offering, promising, attempting to procure and/or supplying, procuring, obtaining or assisting in procuring or obtaining employment or personnel services or products in the State of New Jersey.
(b) This chapter shall apply to any person engaging in any of the activities regulated by 34:8-43 et seq. or 56:8-1.1, including persons whose residence or principal place of business is located outside of this State.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 2 - EMPLOYMENT AGENCIES › Section 13:45B-2.1 - Employment agency license requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to open, conduct, or maintain an employment agency, the owner shall obtain an employment agency license by application to the Director and fulfillment of all requirements for such license. In addition to any other information the Director may require, an applicant for an employment agency license shall provide:
1. The complete name, business address, and telephone number of the owner(s); if a corporation, the name, address and telephone number of its officers and directors;
2. The business structure of the agency, that is, whether it is a sole proprietorship, a partnership, or a corporation; if a corporation, the state where it is incorporated;
3. The name, address, and telephone number of the person who is to be contacted on any matter related to the Act or these rules;
4. The type of services to be provided to the public;
5. Affidavits of at least two New Jersey citizens who have known the applicant (or the chief executive officer of a corporate applicant) for at least five years, attesting to the applicant's good moral character. If an applicant finds it impossible to submit affidavits from two New Jersey citizens, the applicant may substitute affidavits of two citizens of any state who have known the applicant for at least five years. In that case, however, the applicant shall also submit an affidavit substantiating why it is impossible for him or her to obtain the character affidavits from the required number of New Jersey citizens. All affidavits shall contain the address and the telephone number of the person signing the affidavit;
6. A disclosure statement as to whether the applicant (if a corporation, every officer and director) has ever been convicted of any crime as defined in N.J.S.A. 34:8-44a(1), (2), (3) and the nature of that crime or the equivalent under the laws of any jurisdiction; and
7. The licensure fee set forth in 13:45B-7.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 2 - EMPLOYMENT AGENCIES › Section 13:45B-2.2 - Posting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each employment agency shall display its license in a prominent place where it may be easily seen and read by all persons visiting the agency.
(b) Each person required to have an employment agent's license shall display such license in such place and manner as to make it easily seen and read by persons doing business with such licensee.
(c) There shall be posted in each employment agency the agency's schedule of fees, as well as a certified abstract of the Act and these rules. Such posting shall be in a manner and place as to be readily seen and readable by persons doing business with the employment agency. The employment agency shall also have full copies of the Act and these rules available for any job seeker's or employer's review. The certified abstract shall be available from the Section for a fee of $ 5.00.