reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 2 - GENERAL LICENSE REQUIREMENTS › Section 13:44D-2.8 - Disconnection of unlicensed mover's telephone

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall, pursuant to the provisions of 45:14D-26, notify the Board of Public Utilities of the business location and telephone number of any public mover that does not have a valid license issued, or renewed, by the Director.
(b) When notified by the Director of the business location and telephone number of any public mover that does not have a valid license issued, or renewed, by the Director, the Board of Public Utilities shall, pursuant to the provisions of 45:14D-27, order the servicing telecommunications company of the public mover to disconnect that mover's commercially listed telephone number.
(c) When ordered by the Board of Public Utilities pursuant to (a) and (b) above, the telecommunications company shall, pursuant to the provisions of 45:14D-28, disconnect the mover's commercially listed telephone number.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 3 - TARIFFS › Section 13:44D-3.1 - Tariffs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every public mover and/or warehouseman shall file with the Director a tariff or tariffs indicating the rates, charges, classification ratings, and terms and conditions of the public mover and/or warehouseman. A copy of the tariff filed with the Director shall be kept open for public inspection in all offices and facilities of licensees where a request for moving and/or storage services may be made. The tariff shall be readily accessible to the public at all times during normal business hours and whenever requested by any person the tariff shall be produced for immediate inspection. No regulated services shall be rendered unless specifically provided for in the tariff.
(b) The tariff shall be filed with the Director no more often than on a semiannual basis, with the first filing to be received by the Director no later than April 1 and the second no later than October 1. Filings accepted by the Director will become effective as of May 1 and November 1, respectively. If a mover chooses not to change his or her tariff at any given filing period, the previously filed tariff shall remain in effect. All tariffs shall conform to the following requirements:
1. Tariff format shall be eight and one-half inches wide and 11 inches long with a one and one-half inch margin on the left-hand side;
2. The printing shall be of a legible size not less than eight points and must use paper and ink;
3. The name of the company shall appear on the top of each page officially filed or submitted to the Director as well as any page to be used by the licensee. Page numbers shall appear in the upper right-hand corner and the issue date and effective date shall appear in the upper left-hand corner of the page;
4. No exception to these requirements shall be permitted without prior written approval of the Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 3A - OFFICE GOODS › Section 13:44D-3A.1 - Office goods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A public mover and/or warehouseman who is providing moving or storage services for office goods shall not be required to comply with the following rules, with respect to those services:
1.
										13:44D-3.1, pertaining to tariffs;
2.
										13:44D-4.2, pertaining to moving contract: non-binding estimate;
3.
										13:44D-4.3, pertaining to moving contract: binding estimate;
4.
										13:44D-4.4, pertaining to warehousemen entering into a contract to provide services;
5.
										13:44D-4.5, pertaining to combination of order for service and estimate forms;
6.
										13:44D-4.6(d), pertaining to liability listed in order for service form;
7.
										13:44D-4.8, pertaining to withholding a shipment;
8.
										13:44D-4.9, pertaining to subcontracting;
9.
										13:44D-4.10(d), pertaining to written notice regarding use of an owner-operator;
10.
										13:44D-4.10(f), pertaining to responsibility of licensed public mover when using the services of an owner-operator;
11.
										13:44D-4.11, pertaining to occupational misconduct;
12.
										13:44D-4.12, pertaining to labor and equipment;
13.
										13:44D-4.13, pertaining to warehousing; and
14.
										13:44D-4.17, pertaining to short-notice move or warehousing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.1 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The brochure set forth in N.J.A.C. 13:44D Appendix shall not be altered in any way, except that a licensed public mover and/or warehouseman may add information, such as a business name and logo to indicate the identity of the business that provided the brochure to a consumer. If a public mover and/or warehouseman places the name of his or her company on the brochure, the information required by 13:44D-2.5(a)  must also appear on the brochure.
(b) When providing one of the documents required by 13:44D-4.2, 4.3 or 4.4, a public mover and/or warehouseman may use any form that contains both the information required by these rules and any format required by these rules. A public mover and/or warehouseman may add any information to a form consistent with the information required by 13:44D-4.2, 4.3 or 4.4 that appears on the form.
(c) Notwithstanding anything contained in this subchapter, the documents required by 13:44D-4.2, 4.3 and 4.4 need not include information about a service that a public mover and/or warehouseman does not offer and which is not included in his or her tariff.
(d) When a public mover and/or warehouseman is providing moving services for a shipment that consists solely of office goods, he or she shall not be required to issue the brochure entitled "Important Notice to Consumers" required by N.J.A.C. 13:44D-4.2, 4.3, and 4.4 or to use the estimate required by N.J.A.C. 13:44D-4.2(b)  or 4.3(b), or the order for service required by N.J.A.C. 13:44D-4.2(c)  or 4.3(b).
(e) Any of the documents required by N.J.A.C. 13:44D-4.2, 4.3, or 4.4 may be completed and stored in an electronic format. (f) A public mover and/or warehouseman who completes a document required by N.J.A.C. 13:44D-4.2(b) or (c), or 4.3(b) or (c), electronically pursuant to (f) above shall provide the consumer with a printout of the document at least 24 hours prior to the date of the move.
(g) A public mover and/or warehouseman who completes a document electronically pursuant to (f) above shall sign the document electronically and shall ensure that the consumer provides electronic signatures on documents required by N.J.A.C. 13:44D-4.2(c), 4.3(c), or 4.4(a)4.
(h) A warehouseman who completes a document required by N.J.A.C. 13:44D-4.4electronically pursuant to (f) above shall provide the consumer with a printout of the document prior to rendering services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.2 - Moving contract: non-binding estimate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to entering into a contract to render services based on a non-binding estimate, every public mover shall issue the following to each consumer at least 24 hours prior to the date of the move:
1. Either a printed version of the brochure entitled "Important Notice to Consumers Using Public Movers and Warehousemen," which is found at N.J.A.C. 13:44D Appendix and is incorporated herein by reference or a link to a digital version of the brochure on the Division of Consumer Affairs' website; and
2. A fully completed written estimate, entitled "Estimated Cost of Service for Moving or Warehousing -- Non-Binding," which meets the requirements of (b) below, rendered after an inspection of the premises and the goods to be moved by the public mover, performed either physically on-site or through electronic communications which include a video component. A public mover and/or warehouseman may employ an estimator to perform the inspection; however, no public mover and/or warehouseman shall employ an estimator who also represents any other public mover and/or warehouseman.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.3 - Moving contract: binding estimate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A public mover who is offering a binding estimate shall furnish the binding estimate in writing to the consumer or other person responsible for payment of the charges for the mover's services. A binding estimate shall be furnished only after an inspection of the premises and the goods to be moved, performed either physically on-site or through electronic communications, which include a video component. The binding estimate shall be signed by the public mover and the consumer and a copy of the binding estimate shall be retained by the public mover and attached as an addendum to the bill of lading. A binding estimate shall clearly describe the property to be moved and all services to be provided.
(b) Prior to contracting to provide services pursuant to a binding estimate, every public mover shall issue to the consumer, at least 24 hours prior to the date of the move:
1. Either a printed version of the brochure entitled "Important Notice to Consumers Using Public Movers and Warehousemen," which is found at N.J.A.C. 13:44D Appendix or a link to a digital version of the brochure on the Division of Consumer Affairs' website;
2. A binding estimate, entitled "Binding Estimate," which contains:
i. The following statement in boldface and at least 10 point font size: "If, at the time of the move, additional property is to be moved, or additional services are to be provided, or both, that are not provided for in the binding estimate, the mover shall not charge, demand, collect or receive greater compensation for those services than that specified in his filed tariff;" and
ii. The information required by 13:44D-4.2(b)3  through 18; and
3. An order for service, entitled "Order for Service With Binding Estimate," which complies with (c) below.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.4 - Warehousemen entering into a contract to provide services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to entering into a contract to render services every warehouseman shall issue to each consumer:
1. Either a printed version of the brochure entitled "Important Notice to Consumers Using Public Movers and Warehousemen" which is found at N.J.A.C. 13:44D Appendix or a link to a digital version of the brochure on the Division of Consumer Affairs' website;
2. A non-binding final estimated cost of services form, entitled "Estimated Cost of Services for Warehousing - Non-Binding," which contains the information detailed in 13:44D-4.2(b)  as it applies to warehousemen;
3. An order for service form, entitled "Order for Service with Non-Binding Estimate," which contains the information detailed in 13:44D-4.2(c)  as it applies to warehousemen; and
4. A warehouse receipt, entitled "Non-Negotiable Warehouse Receipt and Inventory," which shall contain:
i. The name of the warehouseman;
ii. The address and telephone number of the warehouseman;
iii. The warehouseman's license number;
iv. The name and phone number of consumer;
v. The method of storage (weight or cubic footage) and the weight or cubic footage of the consumer's goods that will be stored by that method;
vi. The rates for storage;
vii. The monthly storage cost;
viii. Any fees for warehouse handling-in and warehouse handling-out for consumer's goods;
ix. Any access fees;
x. The address of the storage facility;
xi. A list with descriptions of the items that are being stored;
xii. The signature of the warehouseman; and
xiii. The signature of the consumer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.5 - Combination of Order for Service and estimate forms

Current through Register Vol. 56, No. 14, July 15, 2024
A public mover and/or warehouseman may combine the order for service and the estimate forms, binding or non-binding, into one document. If a public mover and/or warehouseman combines the order for service and estimate forms into one form it shall contain the same information as required by 13:44D-4.2(b) and (c), for non-binding estimates or 13:44D-4.3(b)2  and 3, for binding estimates. The consumer shall sign the form twice, once for the order for service and once for the estimate with the purpose for each signature clearly indicated on the form.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.5A - Auditing bill of lading

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A bill of lading shall be audited by a licensee within seven days of the completion of a move.
(b) A bill of lading employed in the storage of property shall be audited by a licensee within seven days of release of the property.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.6 - Legal liability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The public mover and/or warehouseman may, by contract with the consumer, limit liability for loss or damage to goods in storage or in transit. The minimum amount to which a public mover and/or warehouseman may limit liability is $ 1.00 per pound per article.
(b) A public mover and/or warehouseman may contract with a consumer for increased valuation for loss or damage for all items, or specific items, being moved or stored. A public mover and/or warehouseman who offers increased valuation shall limit the amount of increased valuation to the amount of his or her cargo liability insurance, except as provided in (c) below. For instance, if a public mover and/or warehousemen has cargo liability insurance that covers $ 25,000 per accident for loss or damage to property being transported, he or she shall offer no more than $ 25,000 of increased valuation.
(c) A public mover and/or warehouseman may offer increased valuation that exceeds his or her cargo liability insurance if he or she contracts to increase cargo liability insurance to an amount that covers the increased valuation. For instance, if a public mover and/or warehousemen offers $ 50,000 of increased valuation and has cargo liability insurance that only covers $ 25,000, he or she shall arrange for his or her insurance policy to cover $ 50,000 for that one move.
(d) An order for service shall specifically state the public mover's and/or warehouseman's liability. Any limitation shall be null and void and the public mover and/or warehouseman shall be subject to full liability if any of the following occurs:
1. The public mover and/or warehouseman fails to present an Order for Service form that contains the information required by 13:44D-4.2(c), 4.3(b) or 4.4(a) at least 24 hours prior to providing moving and/or storing services;
2. The public mover and/or warehouseman fails to provide the consumer with either a printed version of the brochure entitled "Important Notice to Consumers Using Public Movers" or a link to a digital version of the brochure on the Division of Consumer Affairs' website, in accordance with N.J.A.C. 13:44D-4.2(a), 4.3(b) or 4.4(a);
3. A court or administrative finding has been made that the loss of or damage to the consumer's goods was the result of gross negligence and/or gross incompetence on the part of the mover and/or warehouseman and/or his or her agents or employees, whether as to the actual handling of goods or in the failure to provide appropriate security to prevent loss by theft; or
4. The public mover contracts with an owner-operator and does not provide written notice to the consumer as required by 13:44D-4.10(d).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.7 - Insurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensed public mover and/or warehouseman shall secure, maintain and file with the Director a certificate of insurance from an insurance company authorized and licensed to do business in this State covering the motor vehicle, cargo, storage facilities and property being held in storage for the amounts set forth in (b) below, conditioned or providing for payment of all judgments recovered against such public mover and/or warehouseman.
(b) The minimum amounts of coverage a public mover shall secure and maintain are:
1. Cargo liability coverage at the rate of $ 1.00 per pound per article, which, at a minimum, covers:
i. For loss or damage to property being transported (cargo liability insurance) on any vehicle: $ 25,000 per accident; and
ii. For loss or damage to or aggregate of losses or damages of or to property occurring at any one time and place: $ 50,000; and
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.8 - Withholding a shipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A public mover shall not withhold all or any part of a shipment if:
1. The moving contract is based on a binding estimate and the consumer or other person responsible for payment of charges pays the amount of the binding estimate in full, or the consumer or other person responsible for payment of charges offers to pay the amount of the binding estimate and the mover refuses to accept the amount offered; or
2. The moving contract is not based on a binding estimate and the mover does not disclose in the Order for Service that the mover may withhold all or part of the shipment for non-payment of the freight bill.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.9 - Subcontracting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A public mover shall only subcontract to another public mover.
(b) A public mover shall only subcontract if the mover is unable to perform the move on the promised date due to forces and circumstances beyond his or her control and the consumer agrees, in writing, to the subcontracting.
(c) If a mover wishes to obtain a consumer's permission to subcontract the mover shall provide the consumer, in writing, with the nature of the relationship between the original public mover and the subcontracted public mover.
(d) The original public mover shall remain responsible for the services provided by the subcontracted public mover.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.10 - Use of an owner-operator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A public mover may enter into a written contract with an owner-operator for the owner-operator to provide moving services to a consumer with whom the public mover has contracted to perform moving services.
(b) A contracting public mover shall be liable to the consumer for any service provided by the owner-operator.
(c) A contracting public mover may permit an owner-operator to use the forms of the contracting public mover.
(d) A contracting public mover shall provide written notice to the consumer if the contracting public mover is using an owner-operator to perform moving services for the consumer on behalf of the public mover. This written notice shall be provided to the consumer as part of the order for service issued by the contracting public mover pursuant to 13:44D-4.2(b)  or 4.3(b)3, or as an addendum to the order for service and shall include:
1. The definition of "owner-operator" from 13:44D-1.1; and
2. A statement indicating that the contracting public mover is liable for any services provided by the owner-operator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.11 - Occupational misconduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A public mover shall be deemed to have engaged in occupational misconduct within the meaning of 45:14D-7(f)  if the mover engages in the following:
1. Books and/or attempts to perform a move where the mover knew or should have known that a moving vehicle of adequate size and containing adequate equipment to accommodate the consumer's goods and any necessary moving equipment would not be or in fact was not available to the mover on the scheduled date of the move;
2. Fails to arrive at the consumer's premises on the promised date of service and perform all contracted-for services; or
3. Fails to notify the consumer of the impossibility of meeting the promised date of service by written notice or by telephone no later than 12:00 noon on the promised date, or, if impractical under the circumstances, at the earliest possible time, and fails to offer the consumer the option of:
i. Accepting service at a specified later time;
ii. Allowing a subcontractor to perform the moving services;
iii. Accepting substituted service by another licensed carrier. In the event this option is accepted the consumer shall be charged according to the filed tariff of the public mover performing the substituted service; or
iv. Cancelling the moving contract and receiving a refund of all monies paid on account for the contract less any reasonable charges for services already rendered based solely on the rates and charges set forth in the public mover's tariff.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.12 - Labor and equipment

Current through Register Vol. 56, No. 14, July 15, 2024
A public mover shall supply only such labor and equipment which would reasonably be expected to be necessary to properly perform the moving services indicated on the original estimated cost of services form. Any changes in the number of men and/or amount or type of equipment to be employed or utilized must be approved in writing and in advance by the consumer and the public mover.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.13 - Warehousing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The exact address of the warehouse where the consumer's goods are to be stored shall be indicated on the estimated cost of services form, bill of lading, if any, and warehouse receipt. In the event the consumer's goods are to be moved, in whole or in part, to another warehouse, the public mover and/or warehouseman shall, 30 days in advance of the transfer, notify the consumer by registered mail and provide him or her with the address of the proposed warehouse and any differences in insurance coverage between the contracted-for warehouse and the new proposed warehouse. The public mover and/or warehouseman shall also, in advance of any transfer, secure the consumer's written approval or grant the consumer the option of removing his or her possessions without penalty.
(b) Any public mover and/or warehouseman utilizing a self-storage facility shall so notify the consumer in writing before entering into a contract for storage.
(c) A public mover and/or warehouseman shall give the consumer no less than 30 days written notice by registered mail before increasing the fees to be charged for storage and shall provide the consumer the option of removing goods from storage without penalty prior to increasing such fees.
(d) A public mover and/or warehouseman shall provide the consumer access to his or her possessions and goods upon 48 hours notice to the public mover and/or warehouseman. The public mover and/or warehouseman may require payment of all outstanding charges and access fees, as provided by his or her tariff, before allowing the consumer access.
(e) A public mover and/or warehouseman shall not store the goods of a consumer engaged in an intra-State move in an out-of-State warehouse.
(f) A building, any part of which is being used for the storage of goods, shall meet all state and local building and fire codes.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.14 - Collection of tariff charges where the shipment has been destroyed

Current through Register Vol. 56, No. 14, July 15, 2024
The public mover shall not collect, or require a consumer to pay, any tariff charges on any shipment that is totally lost or destroyed. The consumer shall, however, remain liable for any and all insurance premiums agreed upon by the consumer and the public mover.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.15 - Liability for damage to consumer's goods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The public mover and/or warehouseman shall be liable for physical loss, destruction, or damage to any articles of the consumer during transit and/or storage, except when:
1. The damage was caused by the consumer or was the result of the consumer's negligence;
2. The damage was caused by a defect in the article, including any susceptibility to damage because of exposure to any changes in temperature or humidity which were not caused by the public mover or warehouseman;
3. The damage was caused by a hostile or warlike action occurring in a time of peace or war.
4. After warning the consumer of the possibility or likelihood of damage, because of strikes, lockouts, labor disturbances, riots, or civil commotions, the consumer, in a signed writing, instructs the public mover or warehouseman to proceed with the transportation or storage notwithstanding such risks; or
5. The damage was caused by an act of God.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.16 - Claims procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a consumer wishes to file a claim for damage to goods occurring during a move or while in storage, the consumer shall so notify the public mover and/or warehouseman in writing. Within seven days of receiving such notification, the public mover and/or warehouseman shall forward to the consumer the appropriate claim forms.
(b) All claims for loss, damage or overcharge shall be submitted in writing to the public mover and/or warehouseman within 90 days of the consumer's receipt of his or her goods. All claims shall be accompanied by the original paid bill of lading.
(c) Where the claim involves either overcharging or partial loss, damage or destruction of a consumer's goods, the consumer shall pay in full the amount appearing on the original bill and shall submit the paid bill or original paid bill of lading with the written claim, pursuant to (a) above.
(d) The public mover and/or warehouseman and consumer shall settle all claims within 90 days of the receipt of the completed claim form. This 90 day period may be extended by 30 days if both the public mover and/or warehouseman and the consumer agree in writing to an extension. The public mover shall maintain the signed agreement to extend this period in his or her records for two years.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44D - PUBLIC MOVERS AND WAREHOUSEMEN › Subchapter 4 - GENERAL PROVISIONS › Section 13:44D-4.17 - Short-notice move or warehousing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 13:44D-4.2, 4.3 and 4.4, a public mover and/or warehouseman shall not perform a move, or provide warehouse property, on the same day a consumer contacts the mover and/or warehouseman except as provided in (b) below.
(b) A public mover and/or warehouseman may only perform a short-notice move or warehousing if:
1. The consumer has been evicted from his or her residence or office and needs to move or store his or her property within 24 hours of the eviction;
2. The consumer's residence or office has been damaged by fire and he or she needs to move or store his or her property within 24 hours of the fire;
3. The consumer contracted for a move or warehousing on that day and the other mover and/or warehouseman did not arrive to perform the move or warehousing; or
4. The total cost to the consumer of the move or warehousing, including tips or gratuities, will not exceed $ 1,000.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 1 - PURPOSE AND SCOPE; DEFINTIONS › Section 13:44E-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise noted, any reference to "licensee" in Subchapters 1, 1A, 2, and 3 shall mean solely a chiropractor licensed and subject to regulation by the New Jersey State Board of Chiropractic Examiners.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 1A - LICENSURE › Section 13:44E-1A.1 - Licensing requirements for a chiropractor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for licensure as a chiropractor in New Jersey, an applicant shall:
1. Be at least 18 years of age;
2. Be of good moral character as demonstrated on the application;
3. Have successfully completed high school or its equivalent;
4. Have successfuly:
i. Completed two years of study in an accredited college or university with at least one and one-half of the two years of study prior to commencing study in a chiropractic college or university within a course of study which meets the requirements set forth in 45:9-41.5; and
ii. Graduated from a chiropracic college or university that meets the requirements set forth in 45:9-41.5 during the applicant's entire course of study;
5. Have passed the National Board of Chiropractic Examiners Examination pursuant to 13:44E-2.13; and
6. Have passed the New Jersey Chiropractic Jurisprudence Examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 1A - LICENSURE › Section 13:44E-1A.2 - Application for license: chiropractor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for licensure as a chiropractor in New Jersey shall submit the following to the Board:
1. A completed application form provided by the Board which shall contain the applicant's name, address, social security number, academic qualifications, licensure information from other states, resume, questions demonstrating moral character, confidential questions concerning the applicant's fitness to practice and child support questions;
2. Official transcripts demonstrating completion of the educational requirements pursuant to 13:44E-1A.1(a)4;
3. Proof of successful completion of the National Board of Chiropractic Examiners Examination pursuant to 13:44E-2.13;
4. The application fee set forth in 13:44E-2.5; and
5. A certification of authorization to perform and cooperate in a criminal history background check conducted pursuant to 45:1-28 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 1A - LICENSURE › Section 13:44E-1A.3 - Applicants licensed in other states

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant who is licensed to practice chiropractic by an examining and licensing board of another state shall be granted a license to practice chiropractic in New Jersey without further examination provided that:
1. The examining and licensing board of the applicant's state of licensure has licensure and examination requirements equivalent to those of this State;
2. The applicant furnishes an official transcript demonstrating that he or she has completed the educational requirements set forth in N.J.A.C. 13:44E-1A.1(a)4;
3. The Board has received evidence of the applicant's good standing in any jurisdiction where he or she is or has been licensed;
4. The applicant pays the endorsement license fee as set forth in 13:44E-2.5; and
5. The applicant has submitted a certification of authorization to perform and has cooperated in a criminal history background check pursuant to 45:1-28 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 1A - LICENSURE › Section 13:44E-1A.4 - Biennial license renewal; license expiration; reinstatement after expiration; inactive status; return from inactive status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licenses to practice chiropractic shall be issued for a period of two years and be renewed biennially. A licensee who seeks renewal of his or her license shall submit a license renewal application and the license renewal fee set forth in 13:44E-2.5 to the Board prior to the expiration of the current license.
(b) If a licensee does not renew his or her license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a license renewal fee and a late fee, as set forth in N.J.A.C. 13:44E-2.5.
(c) A license that is not renewed within 30 days of its expiration date shall expire. Any individual who continues to practice with an expired license after 30 days following the license expiration date shall be deemed to be engaged in unlicensed practice.
(d) An individual whose license has been expired for five years or less for failure to renew pursuant to (c) above may be reinstated by the Board after fulfilling the following:
1. Completion of a reinstatement application;
2. Payment of the reinstatement fee and all past delinquent biennial renewal fees pursuant to N.J.A.C. 13:44E-2.5;
3. Submission of an affidavit of employment listing each job held during the period of license expiration that includes the name, address, and telephone number of each employer;
4. Completion of a criminal history background check as required by 45:1-28 et seq., if a criminal history background check has not been completed previously; and
5. Submission of proof of having completed the continuing education requirements for each biennial licensure period for which the applicant's license was expired. If the total credits required to become current exceeds 30, then 30 shall be the maximum number required. Any applicant seeking reinstatement of his or her license shall submit to the Board, a detailed list of all continuing education courses that the licensee has completed in order to become current. If the Board determines that there is a deficiency in a particular area of study, the Board may require the applicant to complete additional continuing education courses in the area of the deficiency before reinstating the license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 1A - LICENSURE › Section 13:44E-1A.5 - Chiropractic continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Licensee," as used in this section, means a chiropractor licensed and subject to regulation by the Board of Chiropractic Examiners.
(b) A licensee applying for biennial license renewal shall have completed, during the preceding biennial period, 30 continuing educational credits in order to qualify for the renewal of his or her license. One credit is defined as 50 minutes of instruction. A minimum of two credits shall be completed in the study of State laws and rules governing chiropractic professional ethics or recordkeeping and documentation as it pertains to the practice of chiropractic in this State, and a minimum of two credits shall be completed in nutrition education.
(c) The continuing education courses may include, but not be limited to, subject matter and content of study that is taught by accredited chiropractic schools, colleges, institutions, and universities, or in a subject matter tested for licensure, that has been approved by Providers of Approved Continuing Education (PACE), and/or the Board; except that the Board retains the right to reject any PACE-approved program:
1. Whose focus is the subject matter described in (i) below; or
2. That does not have significant intellectual or practical content dealing primarily with matters directly related to the practice of chiropractic or with professional responsibilities or ethical obligations of licensees.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 1A - LICENSURE › Section 13:44E-1A.6 - Malpractice insurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
"Authorized" means recognized by a government agency to offer chiropractic malpractice insurance products.
"Covered" means ongoing maintenance of insurance in the amount of at least $ 100,000 per occurrence and $ 300,000 per policy year with extended reporting endorsement coverage for claims made (or "tail coverage") issued by a carrier or other entity authorized to write chiropractic malpractice insurance.
"Maintaining a professional practice with responsibility for patient care" means the furnishing of professional services to patients in New Jersey including, but not limited to, the testing for, or diagnosis of, or the offering or furnishing of treatment, preventative chiropractic care or consultation relating to chiropractic care at a place, such as an office (even if located in the home) or clinic or through a business entity, regardless of the ownership of the practice.
(b) All doctors of chiropractic licensed to practice in this State who maintain a professional practice or have responsibility for patient care shall be covered by chiropractic malpractice insurance.
(c) All New Jersey-licensed chiropractic assistants working for a doctor of chiropractic as described in (b) above shall be covered by the malpractice insurance policy of that practice.
(d) Violations of (b) and (c) above shall be deemed professional misconduct within the meaning of N.J.S.A. 45:1-21(e).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 2 - GENERAL RULES OF PRACTICE › Section 13:44E-2.1 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.
1. "Advertisement" means the attempt, directly or indirectly by publication, dissemination, solicitation, endorsement or circulation in print or electronic media or in any other way, to attract directly or indirectly any person to enter into an expressed or implied agreement to accept chiropractic services or care or goods related thereto.
2. "Electronic media" means, but is not limited to, radio, television, telephone, facsimile machine, and computer.
3. "Print media" means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, fliers or other publications, the content of which is disseminated by means of the printed word.
4. "Range of fees" means an expressly stated upper and lower limit on the fee charged for a professional service.
5. "Routine professional service" means a service which the advertising licensee, professional association or institution providing chiropractic care routinely performs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 2 - GENERAL RULES OF PRACTICE › Section 13:44E-2.2 - Patient records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contemporaneous, permanent patient record shall be prepared and maintained by a licensee, which may include information collected by licensed chiropractic assistants, for each person seeking chiropractic services, regardless of whether any care is actually rendered or whether any fee is charged. Licensees also shall maintain records relating to billings made to patients and third party carriers for professional services. All patient records, bills, and claim forms shall accurately reflect the care or services rendered. Such records shall include, as a minimum:
1. The name, address, and date of birth of the patient and, if a minor, the name of the parent or guardian;
2. The patient complaint/reason for visit;
3. A pertinent case history;
4. Findings on appropriate examination;
5. Diagnosis/analysis;
6. A care plan;
7. Any orders for tests or consultations including the clinical indications and the results thereof;
8. The dates of each patient visit;
9. A description of care or services rendered at each visit together with the name of the licensee or other person rendering the care;
10. Notation of significant changes in patient's condition and/or significant changes in care plan;
11. Periodic notation of patient status regardless of whether significant changes have occurred; and
12. An itemized statement of the amount billed and received on patient's account.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 2 - GENERAL RULES OF PRACTICE › Section 13:44E-2.4 - Chiropractor of record; fee reimbursement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each patient in a chiropractic facility shall have a chiropractor of record who shall remain primarily responsible for assuring the proper implementation of the chiropractic services to be rendered to such patient regardless of whether the services are rendered by the chiropractor of record or by any other person rendering chiropractic services or ancillary care to the patient.
(b) The name of the chiropractor of record shall be conspicuously identified on the patient record. If the chiropractor of record is not identified on the patient record, it shall be presumed that the chiropractor of record is the owner of the practice in which the patient received care.
(c) Each chiropractor or any other person rendering services shall sign or initial each entry on the patient record pertaining to the services he or she provided. If no such entry appears on the patient record, it shall be presumed that such service was rendered by the chiropractor of record, unless the chiropractor of record establishes the identity of the individual who provided such services.
(d) In a multi-chiropractor practice, the chiropractor of record shall remain the chiropractor for a patient until a subsequent chiropractor affirmatively notes in the patient record that he or she is currently the chiropractor of record. In the event that the chiropractor of record leaves the practice, a successor chiropractor shall be designated if the patient elects to continue treatment in the facility.
(e) A new chiropractor of record shall review the patient's history and chiropractic records, examine the patient, if necessary, and either develop a new treatment plan or continue the pre-existing plan.
(f) Any chiropractor found to have rendered services in violation of 45:1-21 and the owner of the facility in which the licensee render such services shall be jointly and severally responsible for any restoration of patient fees as may be ordered by the Board.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 2 - GENERAL RULES OF PRACTICE › Section 13:44E-2.5 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fees shall be charged by the Board:
1.
Application Fee
$ 125.00
2.
Endorsement Fee
75.00
(plus initial license fee)
3.
Initial License Fee:
i.
During the first year of a biennial
renewal period
350.00
ii.
During the second year of a biennial
renewal period
175.00
4.
Biennial License Renewal Fee
350.00
5.
Duplicate License Fee
25.00
6.
Verification of Licensure Fee
40.00
7.
Late Renewal Fee
50.00
8.
Reinstatement Fee
125.00
plus all past due license fees)
9.
Electrodiagnostic Testing and Special
Examination Certification Fee
50.00
10.
Inactive license fee
(to be determined by the
Director by rule)
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 2 - GENERAL RULES OF PRACTICE › Section 13:44E-2.6 - Referral fees

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be professional misconduct for a licensee to pay, offer to pay, or to receive from any person any fee or other form of compensation for the referral of a patient. This section shall not prohibit the division of fees among licensees engaged in a bona fide employment, partnership or corporate relationship for the delivery of professional services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44E - STATE BOARD OF CHIROPRACTIC EXAMINERS › Subchapter 2 - GENERAL RULES OF PRACTICE › Section 13:44E-2.6A - Patient record review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this section, the term, "patient record review" means an evaluation of all records which are maintained pursuant to 13:44E-2.2 and which are relevant to the treatment or condition under evaluation by a non-attending chiropractor with regard to the effectiveness and application of prior treatment or termination of or continuation of the treatment.
(b) A non-attending chiropractor who performs a patient record review, which evaluates prior chiropractic care or the need for continued chiropractic care or the necessity for diagnostic testing, shall make a reasonable and documented effort to obtain all records of the attending chiropractor relevant to the chiropractic care or condition under evaluation before rendering an opinion concerning the prior chiropractic care, the need for continued chiropractic care or the need for diagnostic testing.
(c) An opinion by a non-attending chiropractor which states that prior chiropractic care was not documented pursuant to 13:44E-2.2 shall clearly note the specific deviations from the patient record requirements of N.J.A.C. 13:44E-2.2.
(d) Opinions which state that prior chiropractic care was not necessary, not required or palliative shall clearly state the rationale upon which the opinion is based.
(e) (Reserved)
(f) An opinion by a non-attending chiropractor that diagnostic testing, referrals or consultations were not properly documented or performed in accordance with 13:44E-2.2 and 13:44E-3 shall clearly note the specific deviations from those rules.
(g) Opinions which state that prior diagnostic testing, referrals or consultations were not necessary shall clearly state the rationale upon which the opinion is based.
(h) Any opinion rendered regarding the evaluation of prior chiropractic care, the termination of chiropractic care, or the necessity of diagnostic testing and/or referrals or consultation shall be consistent with 45:9-14.5 and 13:44E-1.1. Violations of any of the provisions set forth in this section shall constitute professional misconduct pursuant to 45:1-21(e)  and may subject licensees to penalties as set forth in 45:1-22 and 45:1-25.