reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 10 - PLANT CULTIVATION AUTHORIZED CONDUCT › Section 17:30A-10.10 - Secure transport

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An ATC
				that is authorized by permit to cultivate medicinal marijuana at one location
				and to dispense it at a second location shall transport only usable marijuana
				from the cultivation site to the dispensing site according to a delivery plan
				submitted to the Commission.
(b)
				An ATC shall staff each transport vehicle with a delivery team consisting of at
				least two registered ATC employees.
1. At
				least one delivery team member shall remain with the vehicle at all times that
				the vehicle contains medicinal marijuana.
2. Each delivery team member shall have
				access to a secure form of communication with the ATC, such as a cellular
				telephone, at all times that the vehicle contains medicinal marijuana.
3. Each delivery team member shall
				possess his or her ATC employee identification card at all times and shall
				produce it to Commission staff or law enforcement officials upon demand.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 10 - PLANT CULTIVATION AUTHORIZED CONDUCT › Section 17:30A-10.12 - Home delivery prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
An alternative treatment center shall not deliver marijuana
				  to the home or residence of a registered qualifying patient or primary
				  caregiver.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 11 - DISPENSING AUTHORIZED CONDUCT › Section 17:30A-11.1 - Education policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				ATC shall establish and implement policies describing its plans for providing
				information to registered qualifying patients and primary caregivers as to:
1. Limitations of the right to possess and
				use marijuana pursuant to the Act and this chapter;
2. Potential side effects of marijuana use
				and how this shall be communicated to registered qualifying patients and
				primary caregivers;
3. The
				differing strengths of products dispensed;
4. Safe techniques for use of medicinal
				marijuana and paraphernalia;
5.
				Alternative methods and forms of consumption or inhalation by which one can use
				medicinal marijuana;
6. Signs and
				symptoms of substance abuse;
7.
				Opportunities to participate in substance abuse programs; and
8. Information on tolerance, dependence, and
				withdrawal.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 11 - DISPENSING AUTHORIZED CONDUCT › Section 17:30A-11.2 - Patient informational materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each ATC shall maintain, and make
				available for distribution to registered qualifying patients and their primary
				caregivers, an adequate supply of up-to-date informational materials addressing
				the matters identified in the policies developed pursuant to N.J.A.C.
				17:30A-11.1.
(b) Informational
				materials must be available for inspection by the Commission upon request.
(c) Each ATC shall provide
				registered qualifying patients and their primary caregivers with a notice
				requesting approval for the ATC to contact registered qualifying patients and
				their primary caregivers with information concerning ongoing peer reviewed
				clinical studies related to the use of marijuana.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 11 - DISPENSING AUTHORIZED CONDUCT › Section 17:30A-11.3 - Notice of and adherence to ATC designation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall maintain a list of
				the qualified patients who have designated each ATC to provide medicinal
				marijuana for the patient's medical use.
(b) An alternative treatment center shall
				maintain, and make available for Commission inspection upon request, a copy of
				the registry identification card and New Jersey driver's license or other
				State-issued photographic identification of each current qualifying patient and
				his or her primary caregiver, if any.
(c) The Department shall issue written notice
				to each affected ATC each time a registered qualifying patient and/or his or
				her primary caregiver designates or ceases his or her designation of the ATC.
1. Upon receipt of a notice issued pursuant
				to (c) above, the ATC shall update its records to reflect the content of the
				notice.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 11 - DISPENSING AUTHORIZED CONDUCT › Section 17:30A-11.4 - Pain and/or primary qualifying symptom assessment records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An alternative
				treatment center shall formulate a system for documenting a patient's
				self-assessment of pain and/or primary qualifying symptom using a pain rating
				scale.
1. An alternative treatment center
				serving different patient populations shall make more than one pain scale
				available for patient use, as appropriate.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 11 - DISPENSING AUTHORIZED CONDUCT › Section 17:30A-11.5 - Prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An ATC shall
				not furnish usable marijuana to a registered patient or primary caregiver if
				the ATC suspects or has reason to believe that the person is abusing marijuana
				or other substances or unlawfully redistributing usable marijuana.
(b) An ATC shall dispense medicinal marijuana
				only in the forms authorized pursuant to N.J.A.C. 17:30A-10.8(e)directly to
				registered qualifying patients and their registered primary caregivers.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 11 - DISPENSING AUTHORIZED CONDUCT › Section 17:30A-11.6 - Inventory

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An alternative
				treatment center is authorized to possess two ounces of usable marijuana per
				registered qualifying patient plus an additional supply, not to exceed the
				amount needed to enable the alternative treatment center to meet the demand of
				newly registered qualifying patients, consistent with actual demand ratios
				calculated pursuant to N.J.A.C. 17:30A-9.3(a)3, 4, and 5.
(b) During the first 60 days after
				commencement of operations, an alternative treatment center is authorized to
				possess a reasonable supply of usable marijuana to build initial inventory,
				without the ATC having been designated for use by any registered qualifying
				patients or primary caregivers.
(c)
				When there is a decrease in the number of registered qualifying patients and
				primary caregivers who have designated the alternative treatment center as
				their dispensary, the alternative treatment center shall have 10 business days
				to adjust the inventory.
(d) Two
				alternative treatment center employees shall weigh, log-in and sign-out
				quantities of packaged usable marijuana to perform dispensing.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 12 - MARKETING AND ADVERTISING › Section 17:30A-12.1 - Marketing and advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Alternative treatment centers shall restrict signage to black text on a white
				background on external signage, labeling, and brochures for the alternative
				treatment center.
(b) Alternative
				treatment center signage shall not be illuminated at any time.
(c) Alternative treatment centers shall not
				display on the exterior of the facility advertisements for medicinal marijuana
				or a brand name except for purposes of identifying the building by the
				permitted name.
(d) Alternative
				treatment centers shall not advertise the price of marijuana, except that:
1. An ATC can provide a catalogue or a
				printed list of the prices and strains of medicinal marijuana available at the
				alternative treatment center to registered qualifying patients and primary
				caregivers.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA › Section 17:30A-13.1 - Monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission may request information from physicians, ATCs,
				  registered qualifying patients, primary caregivers, the parents, guardians or
				  custodians of registered qualifying patients who are minors in order to assess
				  the impact and effectiveness of
				  N.J.S.A.
				  24:6I-1et seq.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA › Section 17:30A-13.2 - Inspections

Current through Register Vol. 56, No. 14, July 15, 2024
When a permit application is approved and an ATC is ready for
				  operation, representatives of the Commission or any other State agency, as
				  applicable, shall conduct an inspection to determine if the facility complies
				  with applicable laws and rules.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA › Section 17:30A-13.3 - Onsite assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An ATC
				is subject to onsite assessment by the Commission at any time.
(b) The Commission may enter an ATC without
				notice to carry out an onsite assessment in accordance with the Act and this
				chapter.
1. All ATCs shall provide the
				Commission or the Commission's designee immediate access to any material and
				information.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA › Section 17:30A-13.4 - Quality control; sample collection; chain of custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To ensure the safety of registered
				qualifying patients, an ATC shall provide samples to the Commission during
				announced and unannounced inspections for product quality control.
(b) To implement the requirement in (a)
				above, the Commission shall:
1. Collect soil
				and plant samples and samples of products containing marijuana cultivated
				and/or dispensed, as applicable, by the ATC;
2. Place the permit number of the ATC on each
				sample container;
3. Label the
				sample containers with a description and the quantity of its content;
4. Seal the sample containers; and
5. Have ATC and Commission staff
				initial each sample container.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA › Section 17:30A-13.5 - Notice of violations and enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall issue a written notice to an ATC permit
				  holder of a proposed assessment of civil monetary penalties, suspension, or
				  revocation of a permit, setting forth the specific violations, charges, or
				  reasons for the action, by transmitting the notice by certified mail to the
				  ATC.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA › Section 17:30A-13.6 - Prohibitions, restrictions, and limitations on the cultivation or dispensing of medicinal marijuana and criminal penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The holding of an ATC permit or
				employment at an ATC does not relieve the ATC or its employees from criminal
				prosecution or civil penalties for activities not authorized by the Act, this
				chapter, or the ATC permit.
(b)
				Distribution of medicinal marijuana to qualified patients or their primary
				caregivers shall take place at the Commission-approved location identified on
				the ATC's permit.
1. ATCs shall not be
				located within a drug-free school zone.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA › Section 17:30A-13.7 - Revocation of registry identification card, ATC identification card, ATC permit

Current through Register Vol. 56, No. 14, July 15, 2024
Violation of any provision of this chapter may result in the
				  immediate revocation of any privilege granted under the Act and this
				  chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA › Section 17:30A-13.8 - Onsite inspection and corrective actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any failure to adhere to the Act and this
				chapter documented by the Commission may result in sanctions, including
				suspension, revocation, non-renewal, or denial of permit and referral to State
				or local law enforcement.
1. The Commission
				shall refer complaints involving alleged criminal activity made against an ATC
				to the appropriate New Jersey State or local authorities.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA › Section 17:30A-13.9 - Revocation of a permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner may issue a notice of the proposed revocation of an ATC permit in
				the following circumstances:
1. The ATC has
				failed to comply with administrative requirements related to an ATC permit,
				posing an immediate and serious risk of harm, or actual harm to the health,
				safety, and welfare of qualifying patients, primary residents, or employees and
				the ATC has not corrected such violations in accordance with an approved plan
				of correction or subsequent to imposition of other enforcement remedies issued
				pursuant to this chapter;
2. The
				ATC has exhibited a pattern and practice of violating permit requirements
				posing a serious risk of harm to the health, safety and welfare of qualifying
				patients, primary residents, or employees. A pattern and practice may be
				demonstrated by the repeated violation of identical or substantially-related
				permit standards during three consecutive inspections or the issuance of civil
				monetary penalties pursuant to the Act or other enforcement actions for
				unrelated violations on three or more consecutive onsite assessments;
3. Failure of an ATC to correct
				identified violations that led to the issuance of an order for suspension of a
				permit; or
4. Continuance of an
				ATC on conditional permit status for a period of 12 months or more.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA › Section 17:30A-13.10 - Appeal rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Denial of an
				application or revocation of a registry identification card shall constitute a
				final agency decision subject to review by the Superior Court, Appellate
				Division.
1. An individual has the right to
				appeal a final agency decision within 45 days to the New Jersey Superior Court,
				Appellate Division, Richard J. Hughes Justice Complex, PO Box 006, Trenton, NJ
				08625-0006.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA › Section 17:30A-13.11 - Exemption from State criminal and civil penalties for the medicinal use of marijuana

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				provisions at
				N.J.S.A.
				2C:35-18shall apply to any qualifying
				patient, primary caregiver, alternative treatment center, physician, or any
				other person acting in accordance with the provisions of the Act and this
				chapter.
(b) A qualifying patient,
				primary caregiver, alternative treatment center, physician, or any other person
				acting in accordance with the provisions of the Act shall not be subject to any
				civil or administrative penalty or denied any right or privilege, including,
				but not limited to, civil penalty or disciplinary action by a professional
				licensing board, related to the medical use of marijuana as authorized under
				the Act and this chapter.
(c)
				Possession of, or application for, a registry identification card shall not
				alone constitute probable cause to search the person or the property of the
				person possessing or applying for the registry identification card or otherwise
				subject the person or his or her property to inspection by any governmental
				agency.
(d) The provisions of
				section
				2 of P.L. 1939, c. 248 (N.J.S.A.
				26:2-82), relating to destruction of
				marijuana determined to exist by the Commissioner, shall not apply if a
				qualifying patient or primary caregiver has in his or her possession a registry
				identification card and no more than the maximum amount of usable marijuana
				that may be obtained in accordance with
				N.J.S.A.
				24:6I-10 and this chapter.
(e) No person shall be subject to arrest or
				prosecution for constructive possession, conspiracy, or any other offense for
				simply being in the presence or vicinity of the medical use of marijuana as
				authorized under the Act and this chapter.
(f) No custodial parent, guardian, or person
				who has legal custody of a qualifying patient who is a minor shall be subject
				to arrest or prosecution for constructive possession, conspiracy, or any other
				offense for assisting the minor in the medical use of marijuana as authorized
				under the Act and this chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:33-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter outlines the basic
				procedures of the Filing Officer, the State Treasurer, and the Filing Office,
				Division of Revenue and Enterprise Services, in relation to the State of New
				Jersey's Uniform Commercial Code system.
(b) Generally, this chapter is designed to
				foster uniformity by documenting New Jersey's basic UCC policies and
				procedures, as administered by the Division of Revenue and Enterprise
				Services.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 2 - GENERAL ADMINISTRATIVE ELEMENTS › Section 17:33-2.1 - Place to file

Current through Register Vol. 56, No. 14, July 15, 2024
UCC filings relating to all types of collateral shall be
				  submitted to DORES, except when the collateral is timber to be cut,
				  as-extracted collateral, or when the filing relates to fixtures or goods that
				  are, or are to become, fixtures. Regardless of the nature of the collateral,
				  where the debtor is a transmitting utility, the place for filing is
				  DORES.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 2 - GENERAL ADMINISTRATIVE ELEMENTS › Section 17:33-2.2 - DORES identification

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to the promulgation of this chapter, DORES will
				  disseminate information about its location, mailing address, telephone and fax
				  numbers, and its Internet and other electronic "addresses."
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 2 - GENERAL ADMINISTRATIVE ELEMENTS › Section 17:33-2.5 - Search request delivery

Current through Register Vol. 56, No. 14, July 15, 2024
If paper UCC search requests are permitted pursuant to
				  exceptions granted pursuant to
				  N.J.A.C.
				  17:33-2.9, they may be delivered to DORES
				  through any of the means by which UCC filings may be delivered to DORES, as set
				  forth at N.J.A.C. 17:33-2.4. Requirements
				  concerning search requests are set forth at
				  N.J.A.C.
				  17:33-8.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 2 - GENERAL ADMINISTRATIVE ELEMENTS › Section 17:33-2.6 - Approved filing forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If paper UCC
				filing requests are permitted pursuant to exceptions granted pursuant to
				N.J.A.C.
				17:33-2.9, requests that conform to the
				requirements of this procedure will be accepted by DORES.
1. Statutory forms. The forms set forth at
				N.J.S.A.
				12A:9-521will be acceptable.
2. Complying forms. Forms that contain the
				informational elements listed on the statutory forms noted at
				N.J.S.A.
				12A:9-521are acceptable.
3. Electronic filings. A UCC filing
				transmitted pursuant to online data entry procedures referenced in this
				subchapter are acceptable.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 2 - GENERAL ADMINISTRATIVE ELEMENTS › Section 17:33-2.7 - UCC search form

Current through Register Vol. 56, No. 14, July 15, 2024
If paper UCC search requests are permitted pursuant to
				  exceptions granted pursuant to
				  N.J.A.C.
				  17:33-2.9, requests that clearly communicate
				  the debtor names and/or filing numbers to be searched are acceptable. Form
				  UCC11 is the preferred form for requesting search services. Upon written
				  request, DORES will provide an example of form UCC11. Also, a search request
				  that is executed electronically as referenced in this subchapter is
				  acceptable.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 2 - GENERAL ADMINISTRATIVE ELEMENTS › Section 17:33-2.8 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fee for filing and indexing a UCC
				financing statement, amendment, or correction is $ 25.00.
(b) The fee for a UCC search request, per
				debtor name, is $ 25.00.
(c) The
				fee for UCC search copies is $ 1.00 per UCC filing page.
(d) DORES may establish fees for additional
				electronic filing and search services and publish such services and fees on its
				official Internet website.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 2 - GENERAL ADMINISTRATIVE ELEMENTS › Section 17:33-2.9 - Electronic filing requirement and exemption requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless exempted pursuant to (b) below,
				all UCC filings, search requests, and associated fee payments shall be
				submitted electronically. DORES will provide Internet-based services to support
				electronic filing, searching, and payment processing and, at its discretion,
				may include alternate electronic filing, searching, and payment
				options.
(b) Remitters and
				searchers may obtain exemptions from the electronic filing or searching
				requirement if they certify, in writing, that electronic filing or searching
				poses undue hardships on them. To be exempted from the electronic filing
				requirement, submitters must mail a written exemption request to the Filing
				Office at the following address: NJ Division of Revenue, 33 West State Street,
				Trenton, NJ 08608, 5th floor, Attn: UCC Filing Officer.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 3 - EXPEDITED SERVICE › Section 17:33-3.1 - Expedited service options and fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) UCC searches
				and filings permitted pursuant to
				N.J.A.C.
				17:33-2.9(b), paper filings,
				may be submitted as expedited, over-the-counter work requests.
1. Expedited service is available for paper
				filings and search requests permitted at
				N.J.A.C.
				17:33-2.9(b), delivered
				over-the-counter (personal and courier deliveries). Expedited service ensures
				processing within 8.5-business hours.
2. The fee for each expedited work request is
				$ 15.00. This amount is in addition to the base fees set forth in this
				chapter.
3. Payment of the
				expedited and base fees ensures 8.5-business-hour processing unless computer
				down-time, network outages, or other factors beyond the control of DORES, such
				as staffing, impact processing operations. If, due to such factors, DORES is
				not able to meet the 8.5-business-hour processing time frame, DORES will work
				on expedited requests on a first-in first-out basis, with priority over mail-in
				requests.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 4 - PAYMENT METHODS › Section 17:33-4.1 - List of payment methods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Filing fees and
				fees for public records services, including search and copy fees, may be paid
				by the following methods:
1. Cash. The DORES
				discourages cash payment unless made in-person to the cashier at
				DORES.
2. Checks. This includes
				electronic checks submitted to DORES's Internet and other electronic services.
				For mail-in and over-the counter services requests, personal, cashier's, or
				certified checks made payable to the "Treasurer, State of New Jersey" are
				acceptable. This includes checks in an amount to be filled in by DORES, with a
				"not to exceed amount" instruction.
i. DORES
				may, from time to time, disallow the use of specific banks and financial
				institutions. Restrictions in this area must be for cause and such shall be
				communicated to the affected drawer and the drawer's bank or financial
				institution.
ii. DORES may require
				a remitter to use cashier's checks or certified checks in place of personal
				checks. Restrictions in this area must be for cause and such shall be
				communicated to the affected party.
3. Prepaid account. A remitter may open an
				account for prepayment of fees for over-the-counter and mail-in UCC services by
				submitting an application furnished by DORES. The minimum balance for a
				pre-paid account is $ 250.00. DORES shall issue an account number to be used by
				a remitter who chooses to pay fees in advance. DORES shall deduct fees from the
				remitter's prepaid account whenever DORES either receives a work request from
				the remitter or processes work for the remitter. Upon written request to PO Box
				455, Trenton, NJ 08646 (ATTN: UCC Depository Accounts), the DORES will provide
				an agreement form for establishing a prepaid account.
4. Credit card. DORES accepts credit card
				payments from VISA, Master Card, Discover, and American Express. Remitters
				shall provide the credit card number, the expiration date of the card, the name
				of the approved card issuer, the name of the person or entity to whom the card
				is issued, and the billing address for the card. Payment will not be deemed
				tendered until the issuer or its agent has confirmed that payment will be
				forthcoming.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 5 - ACCEPTANCE AND REFUSAL OF UCC FILINGS › Section 17:33-5.1 - Policy regarding filing and filing office duty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The duties
				and responsibilities of DORES with respect to the administration of the UCC are
				mainly ministerial. However, DORES has a duty to assist in protecting the
				integrity of the UCC filing system, and the filing office may reject certain
				filings pursuant to
				N.J.S.A.
				12A:9-516.b.
				N.J.S.A.
				12A:9-516.c provides that, for purposes of
				N.J.S.A.
				12A:9-516.b, a record does not provide
				information if the filing office is unable to read or decipher the information
				in the record. Therefore, as set forth in this subchapter, DORES will reject
				certain filings in which the filing office is unable to decipher information in
				the record.
(b) Provided that there
				is no reason for refusal pursuant to this subchapter, DORES will accept UCC
				filings, assign file numbers, and index them in DORES' information management
				system.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 5 - ACCEPTANCE AND REFUSAL OF UCC FILINGS › Section 17:33-5.3 - Policy relative to Filing Office obligation

Current through Register Vol. 56, No. 14, July 15, 2024
The filing and indexing of a record by the Filing Office
				  shall not be deemed to be a finding by the Filing Office that the record does
				  not contain confusing, conflicting, or contradictory matter. The filing and
				  indexing of a record shall also not be deemed to be a finding that the
				  information in the filing is correct, and, therefore, no filing and indexing
				  shall create a presumption that the information is either correct or
				  incorrect.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 5 - ACCEPTANCE AND REFUSAL OF UCC FILINGS › Section 17:33-5.4 - Identifying information

Current through Register Vol. 56, No. 14, July 15, 2024
A UCC filing that does not identify itself as an amendment or
				  identify an initial financing statement to which it relates, as required
				  pursuant to
				  N.J.S.A.
				  12A:9-512,
				  12A:9-514, or
				  12A:9-518, is an initial
				  financing statement and will be filed as such.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 5 - ACCEPTANCE AND REFUSAL OF UCC FILINGS › Section 17:33-5.5 - Reasons not warranting refusal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The sole
				reasons for DORES' refusal to accept a filing are enumerated at
				N.J.A.C.
				17:33-5.1. The following are examples of
				defects that do not constitute reasons for refusal to accept a filing. They are
				not a comprehensive enumeration of defects outside the scope of permitted
				reasons for refusal to accept a UCC filing.
1.
				The UCC filing contains or appears to contain a misspelling or other apparently
				erroneous information.
2. The UCC
				filing contains additional or extraneous information.
3. The filing is accompanied by funds in
				excess of the full filing fee.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 6 - PROCESSING TIME LIMITS AND NOTICES AND ACKNOWLEDGEMENTS › Section 17:33-6.1 - Time limits

Current through Register Vol. 56, No. 14, July 15, 2024
DORES will endeavor to determine whether any of the criteria
				  at N.J.A.C. 17:33-5.2 to refuse
				  acceptance of a UCC filing exist not later than the second business day after
				  the date the filing would have been filed had it been accepted for filing and
				  shall index a UCC filing not so refused within the same time period. This time
				  limit will apply in all cases unless computer down-time, network outages, or
				  other factors, such as staffing, which are beyond the control of DORES, and
				  impact processing operations. If, due to such factors, DORES is not able to
				  meet the time limit, DORES will work on filings on a first-in first-out basis,
				  with first priority given to expedited over-the-counter
				  requests.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 6 - PROCESSING TIME LIMITS AND NOTICES AND ACKNOWLEDGEMENTS › Section 17:33-6.2 - Procedure upon refusal or removal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If DORES finds
				reasons for refusal pursuant to
				N.J.A.C.
				17:33-5.2, DORES shall return the filing, if
				written, to the remitter or secured party. DORES shall also send a notice that
				contains the date and time the filing would have been accepted had it not been
				refused. In all cases, the date and time of filing will be the delivery date
				and time of the initial submission. The notice shall also include a brief
				description of the reason(s) for refusal. The notice shall be sent to a secured
				party or the remitter using first class mail or, if requested by the remitter,
				left to be picked up at its office location. DORES will also return
				acknowledgments and notices using overnight courier, provided the remitter
				supplies the required envelopes with the return address and prepaid waybills
				showing the remitter's account with the courier. The notice shall also advise
				the secured party or remitter that if he or she disagrees with the rejection
				and believes the filing was wrongfully refused, the secured party or remitter
				may submit a request for review and determination to DORES' UCC Determination
				Unit within 45 days of the date of the rejection notice. The requirements for
				submitting a request for review and determination are set forth at
				N.J.A.C.
				17:33-6.4.
(b) If DORES removes a filing pursuant to
				N.J.A.C.
				17:33-5.2(b), it shall
				notify the last known submitter or secured party of the removal action through
				a letter sent by first class mail. The determination letter shall:
1. Indicate that DORES has removed the
				filing;
2. Describe the reasons for
				the removal action; and
3. Advise
				the secured party or remitter of the procedure and timeline, as set forth at
				N.J.A.C.
				17:33-6.4, for petitioning the Filing Office
				for a final review and determination regarding the removal action.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 6 - PROCESSING TIME LIMITS AND NOTICES AND ACKNOWLEDGEMENTS › Section 17:33-6.3 - Filing resubmission

Current through Register Vol. 56, No. 14, July 15, 2024
To accomplish a filing after refusal or removal, a secured
				  party or remitter must address all deficiencies noted and resubmit the filing
				  to DORES, along with the rejection or removal notice. Upon receipt of the
				  resubmission, DORES will complete the filing, if the filing no longer contains
				  information that would subject the record to rejection or removal pursuant to
				  N.J.A.C.
				  17:33-5.2, and mark the filing date and time
				  as of the date and time of initial delivery to DORES. If there are still
				  reasons to refuse or remove the resubmitted filing pursuant to
				  N.J.A.C.
				  17:33-5.2, DORES will issue another rejection
				  notice to the secured party or remitter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 6 - PROCESSING TIME LIMITS AND NOTICES AND ACKNOWLEDGEMENTS › Section 17:33-6.4 - Request for review and determination of refused or removed filing

Current through Register Vol. 56, No. 14, July 15, 2024
To dispute the rejection or removal of a filing and to
				  request a review and determination by DORES, the secured party or remitter
				  must, within 45 days of the date of the rejection or removal notice, submit a
				  written statement explaining why the secured party or remitter believes the UCC
				  filing was wrongfully refused or removed, submit the original rejected or
				  removed UCC filing, and submit the rejection or removal notice. The request for
				  review and determination must be addressed to: DORES' UCC Determination Unit,
				  PO Box 303, Trenton, New Jersey 08646-0303. Upon receipt of the request for
				  review and determination, DORES will review the filing and the additional
				  submissions and notify the secured party or remitter of the agency's final
				  determination regarding the filing by issuing a final determination letter.
				  This letter notifies the secured party or remitter that DORES' decision is a
				  final determination and if the secured party or remitter disagrees with the
				  determination, he or she may appeal to the Superior Court of New Jersey,
				  Appellate Division, pursuant to New Jersey Court Rule 2:2-3(a)(2). Further,
				  pursuant to New Jersey Court Rule 2:4-1, the secured party or remitter has 45
				  days from the date of the final determination letter to file such an
				  appeal.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 6 - PROCESSING TIME LIMITS AND NOTICES AND ACKNOWLEDGEMENTS › Section 17:33-6.5 - Acknowledgment

Current through Register Vol. 56, No. 14, July 15, 2024
For each accepted UCC filing, DORES will send to the filer an
				  acknowledgment attesting to the filing, showing the file number assigned to it,
				  and the date and time of filing. In the case of electronic UCC filings, DORES
				  shall communicate to the filer or remitter, the information in the filed
				  document, the file number, and the date and time of filing.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 6 - PROCESSING TIME LIMITS AND NOTICES AND ACKNOWLEDGEMENTS › Section 17:33-6.6 - Other notices

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this chapter prevents DORES from communicating to
				  a filer or a remitter that DORES noticed apparent potential defects in a UCC
				  filing, whether or not it was filed or refused. However, DORES is under no
				  obligation to do so and may not, in fact, have the resources to do so or to
				  identify such defects. The responsibility for the legal effectiveness of filing
				  rests with the filers and remitters and DORES bears no responsibility for such
				  effectiveness.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 6 - PROCESSING TIME LIMITS AND NOTICES AND ACKNOWLEDGEMENTS › Section 17:33-6.7 - Refusal and removal errors

Current through Register Vol. 56, No. 14, July 15, 2024
If a secured party or a remitter demonstrates, to the
				  satisfaction of the Filing Officer, that a refused or removed UCC filing should
				  not have been refused or removed, DORES will accept the filing. The filing date
				  and time shall be the date and time of initial delivery to DORES. DORES will
				  also file a statement (and such demonstration of error shall constitute the
				  secured party's authorization to do so) that states that the effective date and
				  time of filing is the date and time the UCC document was initially delivered,
				  and sets forth such date and time.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.1 - Policy statement

Current through Register Vol. 56, No. 14, July 15, 2024
DORES uses an information management system to store, index,
				  and retrieve information relating to financing statements. DORES will actively
				  seek to apply information management technology to facilitate the
				  administration of the UCC. The information management system utilized as of
				  February 18, 2003, includes an index of the names of debtors named on
				  non-lapsed financing statements and on lapsed statements for one year following
				  the lapse. The system also includes electronic image storage facilities for the
				  retention and reproduction of accepted UCC filings. The procedures in this
				  subchapter describe the UCC information management system.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.2 - Primary data elements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The primary
				data elements used in the UCC information management system are the following:
1. Identification numbers. UCC filings are
				identified as set forth below.
i. Each initial
				financing statement is identified by a unique file number. A record is created
				in the information management system for each initial financing
				statement.
ii. A UCC filing other
				than an initial financing statement is identified by the unique file number
				assigned by DORES. In the information management system, a record of a UCC
				filing other than initial financing statement is linked with its associated
				initial financing statement using the file number.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.3 - Estates

Current through Register Vol. 56, No. 14, July 15, 2024
Although they are not human beings, estates are treated as if
				  the decedent were an individual debtor.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.4 - Trusts

Current through Register Vol. 56, No. 14, July 15, 2024
If the trust is named in its organic document(s), its full
				  legal name, as set forth in such document(s), is used. Such trusts are treated
				  as organizations. If the trust is not so named, the name of the settler is
				  used. If a settler is indicated to be an organization, the name is treated as
				  an organization name. If the settler is an individual, the name is treated as
				  an individual name. A UCC filing that lists a settler's name should include
				  other information provided by the filer to distinguish the debtor trust from
				  other trusts having the same settler. All financing statements filed against
				  trusts or trustees acting with respect to property held in trust should
				  indicate the nature of the debtor.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.5 - Initial financing statement, status of parties, and status of statement, including calculation of lapse date

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the filing
				of an initial financing statement, the status of the parties and the status of
				the financing statement shall be as follows:
1. Each secured party named on an initial
				financing statement shall be a secured party of record, except that if the UCC
				document names an assignee, the secured party/assignor shall not be a secured
				party of record and the secured party/assignee shall be a secured party of
				record;
2. The status of a debtor
				named on the document shall be active and shall continue as active until one
				year after the financing statement lapses; and
3. The status of the financing statement
				shall be active. A lapse date shall be calculated, five years from the file
				date, unless the initial financing statement indicates that it is filed with
				respect to a manufactured-home transaction, in which case the lapse date shall
				be 30 years from the file date, or if the initial financing statement indicates
				that it is filed against a transmitting utility, in which case there shall be
				no lapse date. A financing statement remains active until one year after it
				lapses, or if it is indicated to be filed against a transmitting utility, until
				one year after it is terminated with respect to all secured parties of
				record.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.6 - Amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the filing of an amendment, the
				status of the parties and the status of the financing statement shall be as
				follows:
1. An amendment that amends only the
				collateral description or one or more addresses has no effect upon the status
				of any debtor or secured party. If a statement of amendment is authorized by
				less than all of the secured parties (or, in the case of an amendment that adds
				collateral, less than all of the debtors), the statement affects only the
				interests of each authorizing secured party (or debtor);
2. An amendment that changes a debtor's name
				has no effect on the status of any debtor or secured party, except that the
				related initial financing statement and all UCC filings that include an
				identification of such initial financing statement shall be cross-indexed in
				the UCC information management system, so that a search under either the
				debtor's old name or the debtor's new name will reveal such initial financing
				statement and such related UCC filings. Such a statement of amendment affects
				only the rights of its authorizing secured party(ies);
3. An amendment that changes the name of a
				secured party has no effect on the status of any debtor or any secured party,
				but the new name is added to the index as if it were a new secured party of
				record;
4. An amendment that adds a
				new debtor name has no effect upon the status of any party to the financing
				statement, except the new debtor name shall be added as a new debtor on the
				financing statement. The addition shall affect only the rights of the secured
				party(ies) authorizing the statement of amendment;
5. An amendment that adds a new secured party
				shall not affect the status of any party to the financing statement, except
				that the new secured party name shall be added as a new secured party on the
				financing statement;
6. An
				amendment that deletes a debtor has no effect on the status of any party to the
				financing statement, even if the amendment purports to delete all debtors. An
				amendment that deletes a secured party of record has no effect on the status of
				any party to the financing statement, even if the amendment purports to delete
				all secured parties of record; and
7. An amendment shall have no effect upon the
				status of the financing statement, except that a continuation may extend the
				period of effectiveness of a financing statement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 33 - UNIFORM COMMERCIAL CODE RULES › Subchapter 7 - UCC INFORMATION MANAGEMENT SYSTEM › Section 17:33-7.7 - Assignment of powers of secured party of record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				assignment shall have no effect on the status of the parties to the financing
				statement, except that each assignee named in the assignment shall become a
				secured party of record.
(b) An
				assignment shall have no effect upon the status of the financing
				statement.