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 26A - MOTOR VEHICLE ADVERTISING PRACTICES › Section 13:45A-26A.5 - Advertisements; mandatory disclosure requirements in all advertisements for sale

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any advertisement in which an advertiser offers a new motor vehicle for sale at an advertised price, the following information must be included:
1. The advertiser's business name and business address;
2. A statement that "price(s) include(s) all costs to be paid by a consumer, except for licensing costs, registration fees, and taxes". If this statement appears as a footnote, it must be set forth in at least 10 point type. For purposes of this subsection, "all costs to be paid by a consumer" means manufacturer-installed options, freight, transportation, shipping, dealer preparation, and any other costs to be borne by a consumer except licensing costs, registration fees, and taxes;
3. The manufacturer's suggested retail price as it appears on the Monroney label, clearly denominated by using the abbreviation "MSRP";
4. The year, make, model, and number of engine cylinders of the advertised motor vehicle;
5. Whether the transmission is automatic or manual; whether the brakes and steering mechanism are power or manual; and whether the vehicle has air conditioning, unless those items are standard equipment on the advertised motor vehicle. This provision shall not apply to advertisements for motorcycles;
6. The last eight digits of the vehicle identification number, preceded by the letters "VIN". This provision shall not apply to radio and television broadcasts, or to advertisements for motorcycles;
7. A list of any dealer installed options on the advertised motor vehicle and the retail price of each, as determined by the dealer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26A - MOTOR VEHICLE ADVERTISING PRACTICES › Section 13:45A-26A.6 - Advertisements: mandatory disclosure in advertisements for lease of a new or used motor vehicle

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any advertisement offering a new or used motor vehicle for lease, at an advertised price, the following information shall be included:
1. That the transaction advertised is a lease;
2. The amount of any payment required at the inception of the lease or that no payment is required if that is the case;
3. The number, amounts, due dates or periods of scheduled payments and the total of such payments under the lease;
4. A toll-free number that may be used by consumers to obtain the information required under (f) below; and
5. The business name and, if an individual dealer, the address of the advertiser.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26A - MOTOR VEHICLE ADVERTISING PRACTICES › Section 13:45A-26A.8 - Certain credit and installment sale advertisements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following information must be stated in any credit and installment sale advertising. It must appear adjacent to the description of the advertised motor vehicle and not in a footnote or headline unless the information is the same for all motor vehicles advertised. If in a footnote, it must be in at least 10-point type. Failure to include this information shall be an unlawful practice.
1. The total cost of the installment sale, which shall include the down payment or trade-in or rebate, if any, plus the total of the scheduled periodic payments;
2. The annual percentage rate;
3. The monthly payment figure and the number of required payments; and
4. The amount of any down payment or trade-in required or a statement that none is required.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26A - MOTOR VEHICLE ADVERTISING PRACTICES › Section 13:45A-26A.9 - On-site disclosures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following information relating to an advertised motor vehicle must be provided at the main entrance(s) to the business premises where the motor vehicle is displayed or in proximity to the vehicle or on the vehicle itself:
1. A copy of any printed advertisement that quotes a price for the sale or lease of that vehicle; alternatively, a tag may be attached to the motor vehicle(s) stating the advertised price as well as the other information required in 13:45A-26A.5 or 26A.6.
2. A fuel economy label, if required by the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. § 2006; and
3. The Used Car Buyers Guide, if required by the Federal Trade Commission's Used Car Rule, 16 C.F.R. Part 455.2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26A - MOTOR VEHICLE ADVERTISING PRACTICES › Section 13:45A-26A.10 - Record of transactions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An advertiser shall have a motor vehicle advertised for sale on premises and available for sale at the advertised price during the period of publication, or a record of the sale of that vehicle at the advertised price or less during that period. An advertiser shall have a motor vehicle advertised for lease available for lease at the advertised price during the period of publication, or a record of the lease of that vehicle at the advertised price or less during that period. Such record shall consist of all applicable advertisements and a copy of the executed contract with the purchaser or lessee of the vehicle; this documentation shall be maintained for 180 days after the transaction and shall be made available for inspection by the Division of Consumer Affairs.
(b) If the motor vehicle is sold or leased during the period of publication, the advertiser must so notify consumers who inquire by telephone or in person.
(c) It shall be an unlawful practice to fail to comply with the requirements of this section.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26B - AUTOMOTIVE SALES PRACTICES › Section 13:45A-26B.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context indicates otherwise.
"Automotive dealer" means any person as defined by 56:8-1(d)  who in the ordinary course of business is engaged in the sale of motor vehicles at retail or who in the course of any 12 month period offers more than 3 motor vehicles for sale, lease, or rental, or who is engaged in the brokerage of motor vehicles whether for sale, lease, or rental;
"Documentary service" means, but is not limited to, the preparation and processing of documents in connection with the transfer of license plates, registration, or title, and the preparation and processing of other documents relating to the sale or lease of a motor vehicle.
"Documentary service fee" means any monies or other thing of value, which an automotive dealer accepts from a consumer in exchange for a documentary service.
"Pre-delivery service" means, but is not limited to, items that are often described or labeled as dealer preparation, vehicle preparation, pre-delivery handling and delivery, or any other service of similar import.
"Pre-delivery service fee" means any monies or other thing of value, which an automotive dealer accepts from a consumer in exchange for the performance of a pre-delivery service upon a motor vehicle.
"Sales document" means the first document which an automotive dealer utilizes to evidence an order for, deposit towards, or contract for the purchase of a motor vehicle by a consumer, and includes but is not limited to, retail orders, sales invoices, sales contracts, retail installment contracts, and other documents of similar import.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26B - AUTOMOTIVE SALES PRACTICES › Section 13:45A-26B.2 - Pre-delivery service fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In connection with the sale of a motor vehicle, which includes the assessment of a pre-delivery service fee, automotive dealers shall not:
1. Accept, charge, or obtain from a consumer monies, or any other thing of value, in exchange for the performance of any pre-delivery service for which the automotive dealer receives payment, credit, or other value from any person or entity other than a retail purchaser of the motor vehicle; or
2. Accept, charge, or obtain from a consumer monies, or any other thing of value, in exchange for the performance of any pre-delivery service without first itemizing the actual pre-delivery service, which is being performed and setting forth in writing, in at least 10-point type, on the sales document the price for each specific pre-delivery service.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26B - AUTOMOTIVE SALES PRACTICES › Section 13:45A-26B.3 - Documentary service fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In connection with the sale of a motor vehicle, which includes the assessment of a documentary service fee, automotive dealers shall not:
1. Represent to a consumer that a governmental entity requires the automotive dealer to perform any documentary service; or
2. Accept, charge, or obtain from a consumer monies, or any other thing of value, in exchange for the performance of any documentary service without first itemizing the actual documentary service, which is being performed and setting forth in writing, in at least 10-point type, on the sale document the price for each specific documentary service.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26B - AUTOMOTIVE SALES PRACTICES › Section 13:45A-26B.4 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
Without limiting the prosecution of any other practices, which may be unlawful under the Consumer Fraud Act, 56:8-1 et seq., any violations of this subchapter shall comprise a violation of the Consumer Fraud Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26C - AUTOMOTIVE REPAIRS › Section 13:45A-26C.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Automotive repair dealer" means any person who, for compensation, engages in the business of performing or employing persons who perform maintenance, diagnosis or repair services on a motor vehicle or the replacement of parts including body parts, but excluding those persons who engage in the business of repairing motor vehicles of commercial or industrial establishments or government agencies, under contract or otherwise, but only with respect to such accounts.
"Customer" means the owner or any family member, employee or any other person whose use of the vehicle is authorized by the owner.
"Director" means the Director of the Division of Consumer Affairs.
"Motor vehicle" means a passenger vehicle that is registered with the Motor Vehicle Commission of New Jersey or of any other comparable agency of any other jurisdiction, and all motorcycles, whether or not registered.
"Repair of motor vehicles" means all maintenance and repairs of motor vehicles performed by an automotive repair dealer but excluding changing tires, lubricating vehicles, changing oil, installing light bulbs, batteries, windshield wiper blades and other minor accessories and services. No service or accessory to be installed shall be excluded for purposes of this rule if the Director determines that performance of the service or the installation of an accessory requires mechanical expertise has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26D - TIRE DISTRIBUTORS AND DEALERS › Section 13:45A-26D.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this rule, all terms that are defined in the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. section 1402 (1970), as may be amended from time to time, are used as defined therein.
(b) "Tire purchaser" means a person who buys or leases a new or newly retreaded tire, or who buys or leases for 60 days or more a motor vehicle containing a new tire or newly-retreaded tire, for purposes other than resale.
(c) Each motor vehicle dealer who sells a used motor vehicle for purposes other than resale, or who leases a motor vehicle for more than 60 days, that is equipped with new tires or newly-retreaded tires, is considered to be a tire dealer.
(d) Each person selling a new motor vehicle to first purchasers for purposes other than resale that is equipped with tires that were not on the motor vehicle when shipped by the vehicle manufacturer is considered a tire dealer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26D - TIRE DISTRIBUTORS AND DEALERS › Section 13:45A-26D.2 - Deceptive practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be a deceptive practice in connection with the sale of tires to consumers resident in New Jersey, or by tire distributors or dealers doing business in New Jersey, unless the tire distributor or dealer who makes the sale provides the retail purchaser with a true copy of the information that the seller, tire distributor or his designee forwards to the manufacturer as required by 49 C.F.R. section 574.8, at the time such information is forwarded.
(b) Such information includes:
1. Name and address of the tire purchaser;
2. Tire identification number molded into or onto the sidewall of the tire sold;
3. Name and address of the tire seller.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26D - TIRE DISTRIBUTORS AND DEALERS › Section 13:45A-26D.3 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act, 56:8-1 et seq., any violations of the provisions of this rule shall be subject to the sanctions contained in said Consumer Fraud Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement the Motorized Wheelchair Lemon Law, P.L. 1995, c.233, by establishing a motorized wheelchair dispute resolution system within the Division of Consumer Affairs in conjunction with the Office of Administrative Law. The subchapter also sets forth the method for computing the refund, and details the reporting requirements and procedure for publication of compliance records of manufacturers of motorized wheelchairs.
(b) This subchapter applies to:
1. Manufacturers of motorized wheelchairs sold or leased in the State of New Jersey;
2. All purchasers, lessees and consumers as defined in 56:12-75(l)  of motorized wheelchairs sold or leased in the State of New Jersey; and
3. Motorized wheelchair dealers servicing motorized wheelchairs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words shall have the following meanings:
"Days" means calendar days.
"Director" means the Director of the Division of Consumer Affairs.
"Dispute Resolution System" means a procedure established by the Division of Consumer Affairs and the Office of Administrative Law for the resolution of disputes regarding motorized wheelchair nonconformity(s) through summary administrative hearings.
"Manufacturer" means a person who manufactures or assembles motorized wheelchairs and agents of that person, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's motorized wheelchairs, but does not include a motorized wheelchair dealer.
"Motorized wheelchair" means any motor-driven wheelchair, including a demonstrator and all accompanying power accessories utilized to operate the wheelchair, which a consumer purchases or accepts transfer of in this State for the purpose of increasing independent mobility, in the activities of daily living of an individual who has limited or no ambulation abilities, and includes motorized power scooters designed primarily for indoor use and retrofit power units designed to motorize power wheelchairs.
"Motorized wheelchair dealer" or "dealer" means a person who is in the business of selling motorized wheelchairs in New Jersey.
"Motorized wheelchair lessor" or "lessor" means a person who leases or rents a motorized wheelchair to a consumer, or who holds the lessor's rights, under a written lease or written rental agreement.
"Nonconformity" means a condition or defect that substantially impairs the use, value or safety of a motorized wheelchair, and which is covered by an express warranty applicable to the motorized wheelchair or to a component of the motorized wheelchair. A nonconformity does not include a condition or defect which results from abuse, neglect or unauthorized modification or alteration of the motorized wheelchair by a consumer.
"OAL" means Office of Administrative Law.
"Reasonable attempt to repair" means, within the term of an express warranty applicable to a new motorized wheelchair, or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner, that:
1. A nonconformity within the warranty has been subject to repair by the manufacturer, lessor or any of the manufacturer's authorized dealers at least three times and the nonconformity continues; or
2. The motorized wheelchair is out of service for an aggregate of at least 20 days because of a nonconformity, after having been returned to the manufacturer, motorized wheelchair lessor or any of the manufacturer's authorized dealers for repair.
"Wheelchair Lemon Law" means P.L. 1995, c.233 (56:12-74 et seq.), an Act providing certain protections to consumers who purchase, lease or rent motorized wheelchairs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.3 - Manufacturer warranty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of purchase, lease or rental of a new motorized wheelchair in the State of New Jersey, the manufacturer, either directly or through an authorized dealer or lessor, shall furnish the consumer with an express warranty for the motorized wheelchair. The duration of the express warranty shall be not less than one year after first delivery of the motorized wheelchair to the consumer.
(b) In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer of a motorized wheelchair that, for a period of one year from the date of first delivery to the consumer, the motorized wheelchair will be free from any condition or defect which substantially impairs the use, value or safety of the wheelchair to the consumer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.4 - Wheelchair Lemon Law Unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There is established within the Division of Consumer Affairs a section which will process Wheelchair Lemon Law matters, to be known as the Wheelchair Lemon Law Unit (WLLU).
(b) The Wheelchair Lemon Law Unit shall, upon request, provide consumers with a brochure setting forth:
1. Information regarding a consumer's rights and remedies under the relevant law; and
2. The procedure to be followed in order to participate in the various dispute resolution systems.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.5 - Repair of nonconformity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a consumer believes that a new motorized wheelchair does not conform to an applicable express warranty, the consumer shall:
1. Notify the manufacturer, motorized wheelchair lessor or any of the manufacturer's authorized motorized wheelchair dealers of the nonconformity by mail, each time a nonconformity occurs; and
2. Make the motorized wheelchair available for repair before one year after first delivery of the motorized wheelchair to the consumer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.6 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for the Dispute Resolution System, a consumer shall provide the following items to the WLLU:
1. A completed Application for Dispute Resolution which can be obtained from the WLLU; and
2. Photocopies of the consumer's written notification(s) of the nonconformities to the manufacturer sent prior to the expiration of the manufacturer's warranty.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.7 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for Dispute Resolution shall require submission of the following:
1. The name, address and telephone number of the consumer as well as the lienholder, if any;
2. The date of the original delivery of the motorized wheelchair to the consumer;
3. A written account of the events resulting in the dispute including description(s) of the claimed nonconformity(ies) and a chronology of the repair attempts;
4. Photocopies of the statements of repair given to the consumer by the manufacturer through its dealer, each time a motorized wheelchair is returned from being examined or repaired; and
5. Photocopies of the agreement of sale or lease, the receipt for payment of any options or other modifications arranged, installed or made by the manufacturer or its dealer within 30 days after the date of original delivery, receipts for any other charges or fees including, but not limited to:
i. Sales tax;
ii. Finance charges;
iii. Rental of a motorized wheelchair equivalent to the consumer's motorized wheelchair for the period when the consumer's motorized wheelchair was out of service due to a nonconformity;
iv. Prescription for the wheelchair from a licensed medical professional if the consumer purchased or leased the wheelchair by prescription;
v. Documents from third-party payors; and
vi. Any other documents related to the dispute.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.8 - Filing fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A consumer whose application for dispute resolution is accepted by the Division shall pay a filing fee of $ 50.00 by certified check or money order payable to the "New Jersey Division of Consumer Affairs." The filing fee shall be nonrefundable.
(b) The filing fee shall be requested by the WLLU when it has determined that the consumer's application is complete, that it complies with this subchapter and the Wheelchair Lemon Law and that it is eligible for the WLLU's Dispute Resolution System.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.9 - Processing of applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submitted applications shall be reviewed by the WLLU for completeness and compliance with the Wheelchair Lemon Law and this subchapter.
1. Incomplete applications shall be returned to the consumer for completion.
2. Applications not in compliance with this subchapter and the Wheelchair Lemon Law shall be rejected and the WLLU shall notify the consumer of the reason for the rejection. However, no judgment shall be made by the WLLU as to whether the claimed defect is substantiated by the evidence or whether the defect substantially impairs the use, market value or safety of a motorized wheelchair.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.10 - Notification and scheduling of hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each manufacturer of motorized wheelchairs sold or leased in New Jersey shall forward to the Division of Consumer Affairs, Wheelchair Lemon Law Unit, the name, address, telephone and telefax number of the person designated by the manufacturer to receive notices under this dispute resolution process. It shall be the duty of the manufacturer to update this information, as necessary.
(b) On the day that an application is accepted for resolution, the WLLU shall send a notice by hand delivery or certified mail, return receipt requested to the consumer and the manufacturer's designee. This notice shall indicate that the consumer's request for resolution has been accepted and shall provide general information about the resolution process.
(c) The WLLU shall immediately thereafter refer an accepted application for dispute resolution to the OAL and arrange a hearing date acceptable to all parties. The dispute resolution shall be conducted as a contested case by the OAL in accordance with the Administrative Procedure Act, 52:14B-1 et seq., the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and Special Rules, N.J.A.C. 1:13A.
(d) The date of the hearing shall be no later than 20 days from the date of the notice of acceptance unless a later date is agreed to by the consumer.
(e) Notice of the date, time, and location of the hearing shall be mailed by the OAL to both parties.
(f) A copy of the application materials shall be sent by the WLLU simultaneously with the notice of acceptance of the application, to the manufacturer or the manufacturer's designee. Within 10 days of receiving the transmittal sheet from the Office of Administrative Law indicating the judge assigned to the case, the manufacturer shall mail by certified mail, return receipt requested, to the consumer and to the Clerk of the Office of Administrative Law at the address stated on the transmittal sheet, a response to each of the statements set forth in the consumer application. The response shall also state whether the manufacturer objects to a proceeding on the papers if requested by the consumer.
(g) Applications by the consumer or the manufacturer with consent of the consumer for adjournments or rescheduling of the hearing shall be made in accordance with 1:1-9.6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.11 - Computation of refund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The refund claimed by a consumer pursuant to section 4 of the Wheelchair Lemon Law, whether through the Division of Consumer Affairs motorized wheelchair dispute resolution system or a manufacturer's informal dispute resolution process, shall include:
1. The total purchase price of the wheelchair including finance charges, sales tax or, in the case of a lease, the total sum of lease payments made, including any down payment,
2. The cost of any necessary modifications arranged, installed or made by the manufacturer or its dealer within one year after the original date of delivery,
3. Other charges or fees, including, but not limited to, actual expenses incurred by the consumer for the rental of a motorized wheelchair equivalent to the consumer's motorized wheelchair for the period during which the consumer's motorized wheelchair was out of service due to a nonconformity.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.12 - Final decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall review the OAL proposed decision submitted by the administrative law judge who conducts the administrative hearing and shall adopt, reject, or modify the decision no later than 15 days after receipt.
(b) At the conclusion of the 15-day review period, the Director shall give notification of the rejected, modified or adopted decision to both parties, the lien-holder, if any, and the OAL. The notification to the manufacturer and consumer shall be by hand delivery or certified mail, return receipt requested. Within 45 days of receipt of the final decision, any party may file an appeal in the Appellate Division of the Superior Court.
(c) The manufacturer shall advise the Director as to its compliance with the final decision or its intent to appeal the final decision no later than 10 days following the date stated for completion of all awarded remedies.
(d) If the manufacturer unreasonably fails to comply with the decision within the specified time period, the manufacturer shall be liable for penalties in the amount of $ 5,000 for each day the manufacturer unreasonably fails to comply, commencing on the day after the specified date for completion of all awarded remedies.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.13 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A manufacturer or a consumer may appeal a final decision to the Appellate Division of the Superior Court by filing a notice of appeal with the court as well as the Director no later than 45 days after the date of the final decision as defined in N.J.A.C. 45A-26E.12(b).
(b) An appeal by a manufacturer shall not be heard unless the notice of appeal is accompanied by a bond which shall be:
1. For a principal sum equal to the money award made by the administrative law judge, plus $ 2,500 for anticipated attorney's fees and other costs;
2. Which sum shall be secured by cash or its equivalent; and
3. Payable to the consumer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.14 - Manufacturer's informal dispute resolution system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The WLLU shall compile a roster of American and foreign manufacturers of motorized wheelchairs sold or leased in New Jersey.
(b) Manufacturers who establish or participate in an in-house customer assistance mechanism, private arbitration, private buy-back program, or any other type of dispute resolution system shall:
1. Advise the WLLU of the existence of its procedure mentioned in (b) above; and
2. Send the WLLU an outline of the steps that a consumer must take in order to participate in the manufacturer's informal dispute resolution procedure and shall include all necessary addresses and phone numbers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION › Section 13:45A-26E.15 - Index of disputes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division of Consumer Affairs shall maintain an index of motorized wheelchair disputes by make and model and shall compile and maintain statistics indicating the record of manufacturer compliance with any settlement procedure decisions.
(b) The index and statistical record of compliance shall be made available to the public upon written request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement 56:8-67 et seq., commonly known as the Used Car Lemon Law. The subchapter specifies which used motor vehicles are subject to the Act; the purchaser's as well as the dealer's obligations under the Act; the warranties which the dealer must provide; the conditions which must be met before a purchaser may waive a warranty; and the dealer's bonding and reporting requirements. In addition, the subchapter establishes a dispute resolution program within the Division of Consumer Affairs in conjunction with the Office of Administrative Law.
(b) This subchapter applies to:
1. Dealers (as defined in 13:45A-26F.2 ), who sell used motor vehicles in the State of New Jersey; and
2. All consumers (as defined in 13:45A-26F.2 ), of used motor vehicles in the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.3 - Dealer warranty; form; scope; purchaser's obligations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the sale of a used motor vehicle in the State of New Jersey, the dealer shall furnish the consumer with a written warranty which meets the requirements of (c) below, unless:
1. The purchase price of the used motor vehicle is less than $3,000;
2. The used motor vehicle is over seven model years old;
3. The used motor vehicle has been declared a total loss by an insurance company and the consumer has been notified in writing of that fact at, or prior to, sale;
4. The used motor vehicle has more than 60,000 miles and the consumer elects to waive the warranty in writing pursuant to 13:45A-26F.4; or
5. The used motor vehicle has more than 100,000 miles.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.4 - Waiver of warranty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A consumer, as a result of a price negotiation for the purchase of a used motor vehicle with over 60,000 miles, may elect to waive the dealer's obligation to provide a warranty on the used motor vehicle provided that:
1. The waiver is in writing;
2. The waiver shall be in the same format and contain all of the information in the "'As Is' Disclosure" form and the "Waiver of New Jersey Used Motor Vehicle Limited Warranty" form which are appended hereto as Appendices B and C, respectively, incorporated herein by reference; and
3. The waiver and disclosure forms are signed separate and apart from the contract of sale.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.5 - Bond requirement

Current through Register Vol. 56, No. 14, July 15, 2024
To assure compliance with the requirements of 56:8-77 et seq., a dealer shall provide a bond in favor of the State of New Jersey in the amount of $ 10,000, executed by a surety company authorized to transact business in the State of New Jersey by the Department of Banking and Insurance and to be conditioned on the faithful performance of the provisions of 56:8-77 et seq. This bond shall be for the term of 12 months and shall be renewed at each expiration for a similar period. The Commissioner of the Motor Vehicle Commission shall not issue a dealer's license and shall not renew a license of any dealer who has not furnished proof of the existence of such bond.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.6 - Administrative fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of sale a dealer shall collect an administrative fee of $0.50 from each consumer who purchases a used motor vehicle in the State of New Jersey.
(b) By the 15th of every January, a dealer shall mail to the Used Car Lemon Law Unit, the following:
1. A check or money order made payable to the "New Jersey Division of Consumer Affairs," in an amount equal to the total sum of administrative fees collected during the preceding calendar year; and
2. A completed "Certification of Administrative Fees" form, which is appended to this subchapter as Appendix D, incorporated into this rule by reference, indicating the number of used cars sold each month by the dealer during the preceding calendar year.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.7 - Procedures regarding repair of material defect

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a consumer believes that a used motor vehicle does not conform to an applicable warranty the consumer shall:
1. Notify the dealer of a material defect; and
2. Make the used motor vehicle available for repair by delivering the motor vehicle to the dealer at the dealer's regular place of business before the appropriate warranty period expires.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.8 - Used Car Lemon Law Unit; duties; address

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There is established within the Division of Consumer Affairs a section which shall process Used Car Lemon Law matters, to be known as the Used Car Lemon Law (UCLL) Unit which shall:
1. Upon request, provide consumers with a brochure setting forth:
i. Information regarding a consumer's rights and remedies under the relevant law; and
ii. The procedures to be followed in order to participate in the various dispute resolution systems;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.9 - Procedures for resolving a complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible to have a dispute resolved in one of the forums set forth in 13:45A-26F.7, a consumer shall provide the following items to the UCLL Unit:
1. A completed application for dispute resolution (see 13:45A-26F.10 ) which can be obtained from the UCLL Unit; and
2. Photocopies of all relevant supporting documentation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.10 - Application for dispute resolution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The application for dispute resolution shall contain the following:
1. The name, address and telephone number of the consumer and lien-holder, if any;
2. The date the used motor vehicle was purchased by the consumer from the dealer;
3. The number of miles the motor vehicle had been driven prior to the date of purchase;
4. A written account of the events resulting in the dispute, including description(s) of the claimed material defect(s) and a chronology of the repair attempts;
5. Photocopies of the statements of repair given to the consumer by the dealer or the dealer's agent, each time the used motor vehicle was examined or repaired; and
6. Photocopies of the agreement of sale, the written warranty and any other documents related to the dispute.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.11 - Processing of applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application which has been submitted shall be reviewed by the UCLL Unit for completeness and compliance with the Used Car Lemon Law and this subchapter.
1. An incomplete application shall be returned to the consumer for completion.
2. An application which does not comply with this subchapter and the Used Car Lemon Law shall be rejected and the UCLL Unit shall notify the consumer of the reason for the rejection without making any determination as to whether the claimed defect is substantiated by the evidence or whether the defect substantially impairs the use, value or safety of the used motor vehicle.
3. An application which is accepted shall be date stamped to indicate acceptance and shall be directed to the Division's UCLL program or the Division's alternate dispute resolution procedure.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.12 - Notification of scheduling of hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Used motor vehicle dealers in New Jersey shall forward to the Division of Consumer Affairs, UCLL Unit, the name, address, telephone and telefax number of the person designated by the dealer to receive notices under the dispute resolution process. It shall be the duty of the dealer to update this information, as necessary.
(b) Upon acceptance of an application, the UCLL Unit shall send a notice by hand delivery or certified mail, return receipt requested, to the consumer and the dealer's designee.
(c) The UCLL Unit shall promptly thereafter refer an accepted application for dispute resolution to the Office of Administrative Law (OAL) or the Division's alternative dispute resolution procedure. The matter shall be conducted as a contested case by the OAL in accordance with the Administrative Procedure Act, 52:14B-1 et seq., the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(d) Notice of the date, time and location of the hearing shall be mailed by OAL to both parties.
(e) Simultaneously with the notice of acceptance of the application, the UCLL Unit shall send a copy of the application materials to the dealer or the dealer's designee. Within 10 days of receiving the transmittal sheet from the Office of Administrative Law indicating the judge assigned to the case, the dealer shall mail by certified mail, return receipt requested, to the consumer at his or her address and to the Clerk of the Office of Administrative Law at the address stated on the transmittal sheet, a response to each of the statements set forth in the consumer application. The response shall also state whether the dealer objects to a proceeding on the papers if requested by the consumer.
(f) Applications for adjournments or rescheduling of the hearing shall be made in accordance with 1:1-9.6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.13 - Final decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall mail notification of the rejected, modified or adopted decision to both parties, the lien-holder, if any, and the OAL.
(b) In instances in which the matter is resolved in favor of the consumer, the dealer shall advise the Director as to its compliance with the final decision no later than 10 days following the date stated for completion of all awarded remedies.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.14 - Computation of refund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The refund claimed by a consumer pursuant to 56:8-71 of the Used Car Lemon Law, whether through a dealer's informal dispute resolution process, the Division's alternate dispute resolution procedure or the Division's UCLL dispute resolution program, shall include:
1. The total purchase price of the used motor vehicle excluding:
i. All sale taxes;
ii. Title and registration fees or any similar governmental charges;
iii. A reasonable allowance for excessive wear and tear if any; and
iv. A deduction for personal use (as that term is defined at 13:45A-26F.2 ) of the used motor vehicle by the consumer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.15 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
A dealer or consumer may appeal a final decision to the Appellate Division of the Superior Court no later than 45 days after the date of the final decision. A copy of the notice of appeal must also be filed with the Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.16 - Dealer's informal dispute resolution procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Dealers who establish or participate in an informal dispute settlement procedure shall:
1. Advise the UCLL Unit of the existence of its informal dispute resolution procedure; and
2. Send the UCLL Unit an outline of the steps that a consumer must take in order to participate in the dealer's informal dispute resolution procedure; the information shall include all necessary addresses and phone numbers.