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 26F - UNFAIR TRADE PRACTICES-USED MOTOR VEHICLES SALE AND WARRANTY › Section 13:45A-26F.17 - Index of disputes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division of Consumer Affairs shall maintain an index of all used motor vehicle disputes by make, model, dealer and such other information as the Director requires, and shall compile and maintain statistics indicating the record of dealer compliance with any judgments or settlements.
(b) The index and statistical record of compliance shall be made available to the public.
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.18 - 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 violation of the provisions of this subchapter shall be subject to the sanctions contained in 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 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter implement the provisions of P.L. 1996, c. 154, the Uniform Prescription Blanks Act, supplementing 45:14-1 et seq., an act regulating the practice of pharmacy in the State of New Jersey.
(b) The rules of this subchapter shall apply to the following:
1. All licensed healthcare practitioners authorized to write prescriptions for controlled dangerous substances, legend drugs or other items;
2. All healthcare facilities licensed pursuant to 26:2H-1 et seq., that are authorized to issue prescription blanks;
3. All licensed pharmacies which fill prescriptions or medication orders pursuant to N.J.A.C. 13:39; and
4. All vendors authorized to manufacture and distribute New Jersey Prescription Blanks pursuant to 13:45A-27.7.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms have the following meanings unless the context clearly indicates otherwise:
"Address of record" means an address designated by a licensed prescriber which is part of the public record and which may be disclosed upon request. "Address of record" may be a licensed prescriber's home, business or mailing address, but shall not be a post office box.
"Division" means the New Jersey Division of Consumer Affairs.
"Licensed healthcare facility" means any facility licensed by the New Jersey Department of Health and Senior Services including hospitals, long-term care facilities, ambulatory care facilities, residential drug treatment facilities, and alcohol treatment facilities which have been, or are eligible to be assigned, a Division of Consumer Affairs uniform prescription blank unique provider number.
"Licensed prescriber" means any healthcare practitioner authorized by law to write prescriptions.
"New Jersey Prescription Blank (NJPB)" means a uniform, non-reproducible, non-erasable safety paper form developed by the Division pursuant to 45:14-14.6 which satisfies the specifications of 13:45A-27.8.
"Prescription" means an order for drugs or controlled dangerous substances, or any combination or mixture thereof, or other prescribed items, written or signed by a licensed prescriber for the diagnosis, treatment, prevention, or amelioration of disease, injury, pain, or physical condition in man or animals. For the purposes of this definition, the term "other prescribed items" includes eyewear, medical devices, orthotics and prosthetics, and syringes.
"Vendor" means any person authorized to manufacture and distribute NJPBs pursuant to the rules in this subchapter. For purposes of this definition, "person" means an individual, partnership, limited liability partnership, limited liability company, corporation or any other business entity.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.3 - NJPB required for prescriptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A written prescription issued by a licensed prescriber shall appear on either the personal NJPB of the licensed prescriber or the NJPB of a licensed healthcare facility obtained from a vendor approved by the Division pursuant to this subchapter.
(b) A licensed prescriber affiliated with a healthcare facility licensed pursuant to P.L. 1971, c. 136 (26:2H-1 et seq.), may use the NJPB of the licensed facility provided that:
1. The prescription is written for a patient treated at that healthcare facility;
2. The name and license number of the licensed prescriber, and the prescriber's National Provider Identifier (NPI) number, if the prescriber has obtained an NPI number, is legibly written, typed, stamped or otherwise affixed to the NJPB;
3. The prescription contains the signature of the licensed prescriber; and
4. If the prescription is for a controlled dangerous substance, the licensed prescriber's Federal Drug Enforcement Administration (DEA) registration number shall be pre-printed, legibly written, typed, stamped, or otherwise affixed to the NJPB.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.4 - Recordkeeping, reporting, and security requirements for licensed prescribers, healthcare facilities, and pharmacists

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensed prescribers and healthcare facilities shall maintain records indicating the ordering, receipt, storage, maintenance, and distribution of NJPB pads. Such records shall include, at a minimum, the following:
1. The name and address of the vendor supplying the NJPB pads;
2. The date of order and receipt;
3. The unique 15-digit identifiers of the NJPB pads as provided in 13:45A-27.9(g);
4. The date, the quantity, and to whom the NJPB pads were distributed at a group practice office or healthcare facility, if applicable;
5. The designation of a person responsible for the ordering, receipt, storage, maintenance, and distribution of the NJPB pads. NJPB pads shall not be ordered, received, stored, maintained or distributed by anyone other than the licensed prescriber or healthcare facility, or persons employed by the licensed prescriber or healthcare facility; and
6. The designation of a secure storage area for the NJPB pads.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.5 - Group practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A group practice may utilize individual NJPB pads for each licensed prescriber affiliated with the practice, or may utilize NJPB pads listing multiple prescribers affiliated with the practice, provided that multiple prescriber NJPB pads contain check-off boxes to indicate which prescriber issued the prescription.
(b) A group practice using an NJPB listing multiple prescribers shall obtain new NJPBs within 30 days if the composition of the practice changes, except as provided in (c) below. Any remaining NJPBs of the former group practice shall be destroyed and the newly formed practice shall file an NJPB destruction form with the Office of Drug Control.
(c) If the composition of the group practice is changed through the addition of a licensed prescriber, the newly formed group practice may continue to use the NJPBs of the former group practice, provided that the licensed prescriber who becomes newly affiliated with the group obtains individual NJPBs with the information required pursuant to 13:45A-27.8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.6 - Vendor application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant to become an approved NJPB vendor shall submit an application on a form supplied by the Division, which shall include the following:
1. Documentary evidence of experience in large volume printing and distribution activity;
2. Organizational staffing plans;
3. Documentation that the applicant is financially viable;
4. A written description of the work output capacities of the physical plant(s), the size and location of the plant(s), the equipment list, and security measures;
5. The subcontractor company name, address, telephone number, ownership, and equipment list and the details regarding the subcontractor's production of any portion of the NJPB, including the security that will be provided, if an applicant intends to subcontract any portion of the NJPBs; and
6. The name and address of a designated agent in New Jersey for service of process, notices and/or orders.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.7 - Manufacture and distribution by approved vendors; withdrawal or termination from NJPB program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) NJPBs shall be manufactured and distributed by vendors approved by the Division pursuant to 13:45A-27.6. A vendor who has failed to comply with the requirements of this subchapter or the NJPB program contract specifications shall not be approved for the manufacture or distribution of NJPBs.
(b) A vendor may withdraw from the NJPB program upon 14 days written notice to the Division. A vendor that voluntarily withdraws from the program shall notify, in writing, at least 30 days prior to withdrawal, each licensed prescriber and healthcare facility that ordered NJPBs from the vendor within the previous six months.
(c) A vendor's approval to participate in the NJPB program may be terminated by the Division upon 14 days written notice for any failure to comply with the requirements as set forth in this subchapter or the NJPB program specifications. The Division shall provide the vendor with the opportunity to respond in writing to any allegation of a failure to comply with NJPB program requirements. A vendor whose approval to participate in the NJPB program is terminated by the Division shall notify, in writing, within seven days of such termination, each licensed prescriber and healthcare facility that ordered NJPBs from the vendor within the previous six months.
(d) A vendor that voluntarily withdraws from the NJPB program or is terminated by the Division shall either destroy or forward all materials, computer disks, plates, mechanicals, negatives, and other equipment related to the production or distribution of NJPBs to another approved vendor or the Division within seven days of notice of withdrawal or termination. If the vendor that withdraws or is terminated from the NJPB program does not forward all materials related to the production and distribution of NJPBs to the Division, the vendor shall provide to the Division a certification verifying the destruction or disposition of such materials.
(e) A vendor that voluntarily withdraws from the program or is terminated by the Division shall submit to the Division a list of all licensed prescribers and healthcare facilities that ordered NJPB pads from the vendor within the previous six months. The list shall be submitted within seven days of notice of withdrawal or termination and shall include all the information that is required to be maintained in the vendor database pursuant to 13:45A-27.9(h).
(f) Any person manufacturing or distributing NJPBs without approval by the Division shall be subject to prosecution for theft and/or forgery by appropriate criminal authorities pursuant to 2C:20-2 and 2C:21-1 et seq.
(g) Any person manufacturing or distributing NJPBs without approval by the Division shall be subject to an action to cease and desist, and any other action authorized by law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.8 - NJPB printing specifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Vendors shall manufacture all NJPBs consistent with the requirements set forth in this subchapter and the printing specifications approved by the Division and supplied to each approved vendor. Vendors shall also manufacture all NJPBs using artwork disks supplied by the Division.
(b) Each NJPB shall be:
1. Four inches by five and one-half inches in size; and
2. Printed on either 50-pound white offset smooth finish paper with a brightness of at least 85 or 20-pound paper with a brightness of at least 85. The Division will permit printer vendors whose customers request it to use 24- to 28-pound MOCR paper with a brightness of at least 75; the printer vendors shall notify the Division when they use this alternative paper.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.9 - Vendor requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A vendor may produce NJPB pads for a licensed prescriber or licensed healthcare facility consistent with the requirements of 13:45A-27.8, provided that:
1. The request for NJPBs is in writing and contains the original signature of the licensed prescriber; and
2. The vendor verifies that the prescriber's license is active and in good standing and the address of record in the Division's database or in notices sent to the vendors. The Division database shall be updated and provided to all authorized vendors on a quarterly basis.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.10 - Vendor security requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Vendors shall maintain secure production, storage, and distribution facilities. Security provisions shall include, at a minimum, the following:
1. All NJPBs are to be produced under tight security, in secure plants with access limited to authorized personnel. Any unfinished work related to the production of the NJPBs shall be stored under secure, controlled conditions.
2. NJPBs and materials used to produce NJPBs, including all disks, plates, negatives, and inventory goods, shall be stored at the vendor production site in a secure manner which protects against theft or loss;
3. Vendors shall not subcontract or assign any portion of the production of NJPBs without the prior approval of the Division;
4. If an applicant intends to subcontract any portion of NJPBs, the applicant shall provide the subcontractor company name, address, telephone number, ownership, and equipment list as part of the vendor's NJPB program application to the Division;
5. The subcontractor shall provide to the Division details regarding its production of any portion of the NJPBs and the security which will be provided. The vendor and the subcontractor shall sign and submit a completed form supplied by the Division which states that the parties understand and agree to the contract specifications and the regulations of this subchapter.
6. Vendors shall not add, transfer or discontinue the services of a subcontractor without prior approval by the Division. Vendors shall notify the Division of such changes in writing by mail, return receipt requested. Within 14 days of the discontinuance of the services of a subcontractor, an approved vendor shall retrieve all NJPB materials from the subcontractor and shall submit a certification to the Division verifying the retrieval;
7. Vendors shall assure that damaged NJPBs are destroyed and shall maintain records indicating the date and method of destruction; and
8. Vendors shall report to the Division any theft, loss, damage, alteration, or unauthorized use of NJPBs as soon as possible but no later than 72 hours of discovery.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.11 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Vendors shall maintain the confidentiality of all data, documents, files and computer records received from, or access through, the Division, relating to the production, storage and distribution of NJPBs.
(b) Vendors shall certify, prior to being granted approved vendor status, that they will protect the confidentiality of all data related to prescribers and healthcare facilities for whom they print NJPBs, and all data collected in order to accomplish any NJPB related function.
(c) Vendors shall return all documents, files and records supplied by the Division, and all copies thereof, upon the vendor's termination or voluntary withdrawal from the NJPB program.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.12 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Vendors shall permit the Division or its authorized representative to inspect any facility utilized in the production, storage, or distribution of NJPBs. Inspections may be conducted for a period of five years following the withdrawal or termination of a vendor from the NJPB program.
(b) Vendors shall provide the Division or its authorized representative access to all records relating to the printing and distribution of NJPBs, including financial records. Such records shall be maintained for five years following a vendor's termination or voluntary withdrawal from the NJPB program.
(c) Failure to comply with any of the requirements of this subchapter or the contract specifications may result in suspension, the placement of conditions on, or the permanent termination of the vendor from the NJPB program consistent with the requirements of 13:45A-27.7.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 27 - NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM › Section 13:45A-27.13 - Renewal of approved vendor status

Current through Register Vol. 56, No. 14, July 15, 2024
Vendors shall submit an application for renewal of approved vendor status, on a form supplied by the Division on a triennial basis.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 28 - MOTOR VEHICLE LEASING › Section 13:45A-28.8 - Right to review contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a)-(c) (Reserved)
(d) A lessee may waive his or her right to review the contract under N.J.S.A. 56:12-67b(1) provided the lessee obtains a waiver from the lessor which appears in 12-point Times Roman print (except for the document title "WAIVER" which shall appear in 14-point Times Roman print) and contains the following:
WAIVER
I HAVE BEEN ADVISED THAT UNDER THE NEW JERSEY CONSUMER PROTECTION LEASING ACT, 56:12-60 et seq., I AM ENTITLED TO REVIEW THE LEASE CONTRACT FOR ONE 24-HOUR BUSINESS DAY BEFORE SIGNING. I CHOOSE TO WAIVE THAT RIGHT AND SIGN THE LEASE NOW.
_______________________
____________________________
LESSEE'S (CONSUMER'S)
LESSOR'S
(DEALER'S)
INITIALS
INITIALS
_______________________
CO-LESSEE'S INITIALS
VEHICLE:
Year ______ Make _________
Model ________________
VIN Number ________________________
THE LESSOR (DEALER) HAS REVIEWED THE FOLLOWING ELEMENTS OF THE LEASE DISCLOSURE WITH ME:
$____
MSRP
$____
Acquisition Fee
(New Vehicle Only)
$____
Total Cost of
$____
Security Deposit
Options and Extras Not Included
$____
Optional Warranty
in MSRP
or
Insurance Charge
$____
Title and
Registration Fees for:
____ First Year of Lease, or
____ Full Term of Lease
$____
Gross Capitalized
It has been explained to
me
Cost of Vehicle
that if I terminate this
lease
early, I may have to pay
$____
Capitalized Cost
significant costs.
Reduction, includes:
___
___
$___ Initial Cash Payment
(Lessee's and Lessor's
Initials)
$___ Trade-in Credit
$___ Rebates
$____
Total Capitalized Cost/Adjusted
Excess Wear and Damage
Capitalized Cost
Charges have been explained to
me.
$____
Residual Value
___
___
(Lessee's and Lessor's
Initials)
$____
Per Mile Over ___ Miles
$____
Amount of Periodic Payment
(For leases with purchase op-
tion): How I may purchase this
vehicle at the end of the lease
has been explained to me.
____
Total Number of Periodic
Payments
$____
Total Fixed Cost of
___
___
Lease (No Option to Purchase
(Lessee's and Lessor's
Vehicle) or
Initials)
$____
Total Cost of Lease (With Option
to Purchase)
I UNDERSTAND THAT THIS IS A LEASE AGREEMENT AND NOT A PURCHASE AGREEMENT, THAT THE PROPERTY BEING LEASED MAY NOT HAVE ANY EQUITY OR OWNERSHIP VALUE TO ME AT THE END OF THE LEASE AND THAT THE LEASED PROPERTY BELONGS TO THE LESSOR.
Dated __________________
____________________________
Lessee's (Consumer's) Signature
____________________________
Co-Lessee's Signature
____________________________
Lessor's Signature
1. The waiver shall be completed in full without any blank spaces to be filled in after the waiver has been signed by the lessee. Any item which is inapplicable may be marked "not applicable" or "NA".
2. The waiver shall be retained by the lessor for the duration of the lease and a copy shall be given to the lessee upon signing.
3. A copy of the waiver shall be provided to the Division of Consumer Affairs upon request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 30 - VEHICLE PROTECTION PRODUCT WARRANTIES › Section 13:45A-30.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter implement the provisions of P.L. 2007, c. 166, concerning vehicle protection product warranties, and shall apply to all warrantors issuing warranties covering vehicle protection products sold or offered for sale in the State.
(b) The rules in this subchapter shall apply only to vehicle protection products purchased by a consumer on or after June 15, 2009. Vehicle protection products purchased by a consumer before this date and subsequently transferred to another consumer on or after this date shall not be subject to the provisions of this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 30 - VEHICLE PROTECTION PRODUCT WARRANTIES › Section 13:45A-30.3 - Registration and renewal requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall operate as, or represent or advertise to the public, that the person is a warrantor of vehicle protection products sold or offered for sale in this State unless the person is registered with the Division of Consumer Affairs pursuant to the rules in this subchapter.
(b) An applicant for registration as a warrantor of vehicle protection products shall submit the following to the Division:
1. A completed application for registration, which shall contain:
i. The warrantor's name and any assumed name under which the warrantor does business in the State;
ii. The warrantor's principal office street address and telephone number;
iii. The name, address and telephone number of all administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this State;
iv. The name, address and telephone number of the insurance company providing the warranty reimbursement insurance policy coverage;
v. A certification by the applicant for registration that the applicant is covered by a warranty reimbursement insurance policy issued by a licensed insurer in accordance with 17:17-1 that has filed a complete rating system of rates, rules and forms in accordance with 17:29A-7 with the Department of Banking and Insurance at least 30 days prior to the date of application and that the insurer has not been notified by the Department of Banking and Insurance that the filing was disapproved, and that the warranty reimbursement insurance policy meets the requirements of 13:45A-30.5; and
vi. The name and address of a designated agent in the State for service of process;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 30 - VEHICLE PROTECTION PRODUCT WARRANTIES › Section 13:45A-30.4 - Vehicle protection product warranty requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A vehicle protection product warranty sold or offered for sale in this State shall:
1. Identify the warrantor, the seller, the warranty holder and the terms of the sale;
2. Conspicuously and in plain language, as defined in 56:12-1 et seq., state in writing:
i. The obligations of the warrantor to the warranty holder, including the incidental costs, which may be reimbursed under the provisions of the agreement in either a fixed amount specified in the agreement or by the use of a formula itemizing specific incidental costs incurred by the warranty holder, any limitations under the warranty, and state that those obligations are guaranteed under a warranty reimbursement insurance policy;
ii. The process that shall be followed by the warranty holder in order to make a claim under the warranty, including what evidence will be required to establish proof of loss under the warranty and the name, address and telephone number of the warranty administrator, if applicable;
iii. That if the payment due under the terms of the warranty is not provided by the warrantor within 60 days after proof of loss has been filed pursuant to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement;
iv. The name and address of the company issuing the warranty reimbursement insurance policy and, if different, the complete address at which a claim may be filed;
v. he process that shall be followed by the warranty holder in order to make a claim under the reimbursement insurance policy;
vi. That questions about the warranty may be directed to the Division, and shall include the Division address, phone number and website as 124 Halsey Street, Newark, New Jersey 07101, (973) 504-6200,
http://www.njconsumeraffairs.gov
; and
vii. That questions about the warranty reimbursement insurance policy may be directed to the Department of Banking and Insurance, and shall include the Department's address, phone number and website as 20 West State Street, PO Box 325, Trenton, NJ 08625, (800) 446-7467,
http://www.state.nj.us/dobi/index.html
.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 30 - VEHICLE PROTECTION PRODUCT WARRANTIES › Section 13:45A-30.5 - Warranty reimbursement insurance policy requirements for registration of warrantors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A vehicle protection product warranty reimbursement insurance policy filed by a warrantor pursuant to 13:45A-30.3(b)2  shall meet the following requirements:
1. The vehicle protection product warranty reimbursement insurance policy shall be submitted to the Department of Banking and Insurance at least 30 days prior to becoming effective in accordance with N.J.S.A. 17:29AA-6;
2. The vehicle protection product warranty reimbursement insurance policy shall be on an occurrence basis;
3. The vehicle protection product warranty reimbursement insurance policy form shall specify that coverage is being provided for the Vehicle Protection Warranty Insurance Reimbursement Program;
4. The vehicle protection product warranty reimbursement insurance policy shall provide reimbursement for or pay on behalf of the warrantor all incidental costs as specified in 17:18-19 or provide the service that the warrantor is legally obligated to perform in accordance with the warrantor's contractual obligations under the warranty, as specified in 17:18-22;
5. The vehicle protection product warranty reimbursement insurance policy form shall specify that reimbursement or service required by the warranty shall be paid by the insurer directly to the warranty holder if payment is not made by the warrantor within 60 days after proof of loss has been filed;
6. A copy of the vehicle protection product warranty shall be provided with the filing submission to the Department of Banking and Insurance;
7. Cancellation and non-renewal provisions of the policy shall comply with N.J.A.C. 11:1-20; and
8. Any revisions to the vehicle protection product warranty reimbursement insurance policy shall be filed with the Department of Banking and Insurance in accordance with N.J.S.A. 17:29AA-5 and 6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 30 - VEHICLE PROTECTION PRODUCT WARRANTIES › Section 13:45A-30.6 - Registration exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
An administrator or person who sells or solicits a sale of a vehicle protection product, but who is not a warrantor, shall not be required to register as a warrantor under this subchapter in order to act as an administrator of vehicle protection product warranties or to sell vehicle protection products. Consistent with 13:45A-30.4(c), however, the seller of vehicle protection products shall ensure that a written copy of the warranty is made available to consumers prior to purchase, at the point of sale.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 30 - VEHICLE PROTECTION PRODUCT WARRANTIES › Section 13:45A-30.7 - Unlawful practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be an unlawful practice for a person to sell, or offer for sale, a vehicle protection product in this State with a warranty issued by a warrantor that is not registered with the Division pursuant to this subchapter.
(b) It shall be an unlawful practice for a person who is not registered pursuant to this subchapter to offer or issue a vehicle protection product warranty in this State.
(c) It shall be an unlawful practice for a warrantor or seller of vehicle protection products to require a retail purchaser of a motor vehicle to purchase a vehicle protection product that is not installed on the motor vehicle at the time of sale as a condition of sale or financing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 30 - VEHICLE PROTECTION PRODUCT WARRANTIES › Section 13:45A-30.8 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
Any violations of the rules in this subchapter shall be deemed a violation of the Consumer Fraud Act and may subject a person to the assessment of penalties pursuant to 56:8-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 30 - VEHICLE PROTECTION PRODUCT WARRANTIES › Section 13:45A-30.9 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall charge the following non-refundable vehicle protection product warrantor registration fees:
1. Initial registration fee................. $ 1,000;
2. Renewal registration fee............... $ 1,000.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 31 - PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES › Section 13:45A-31.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to implement the provisions of P.L. 2007, c. 193 as amended by P.L. 2009, c. 39 (56:13-7 et seq.), which regulate private property and other non-consensual towing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 31 - PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES › Section 13:45A-31.3 - Liability insurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The minimum amounts of insurance a towing company shall secure and maintain are:
1. Motor vehicle liability for a tow truck capable of towing a motor vehicle that is up to 26,000 pounds, for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of $ 750,000, single limit; and
2. Motor vehicle liability for a tow truck capable of towing a motor vehicle that is more than 26,000 pounds, for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of $ 1,000,000, single limit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 31 - PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES › Section 13:45A-31.4 - Schedule of other non-consensual towing and storage services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A towing company that engages in private property towing or other non-consensual towing may charge fees for the following services:
1. Basic tow, which shall be a flat fee; and
2. In the case of a motor vehicle involved in an accident the following additional services, if actually performed:
i. Waiting time in excess of 15 minutes, which shall be calculated based upon each 15 minutes spent at the site from which a motor vehicle will be towed, with fewer than 15 minutes rounded up to 15;
ii. Brush cleaning, including collection of debris that can be picked up by hand, which shall be a flat fee;
iii. Site clean-up, which shall be calculated based upon the number of bags of absorbent used;
iv. Winching, which shall be based upon each one-half hour spent performing winching;
v. The use of window wrap, which shall be a flat fee;
vi. Tarping, which shall be a flat fee;
vii. Transmission disconnect, a flat fee, which shall be charged only if a motor vehicle is locked and the towing company is unable to obtain the keys for the motor vehicle;
viii. Use of a flat bed tow truck, a flat fee, which shall be charged if a motor vehicle can be transported only by a flat bed tow truck;
ix. Use of special equipment other than the first tow truck to recover a motor vehicle that cannot be recovered by winching or pieces of a motor vehicle that cannot be moved by hand, which may be both a labor and an equipment charge billed in half-hour increments;
x. Decoupling;
xi. Storage at a towing company's storage facility;
xii. More than three trips to the motor vehicle in storage, which may be invoiced as an administrative fee, which shall be a flat fee; and
xiii. Releasing a motor vehicle from a towing company's storage facility after normal business hours or on weekends, which shall be a flat fee.
3. Removing an immobilization device, such as a booting device or a windshield obstruction device, when no fee is charged, pursuant to (a)1 or 2 above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 31 - PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES › Section 13:45A-31.5 - Unreasonable fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fee for private property towing or other non-consensual towing services, and storage services, shall be presumed unreasonable if it is:
1. More than 25 percent higher than the fee charged by the towing company or storage facility for the same services when provided with the consent of the owner or operator of the motor vehicle; or
2. More than 50 percent higher than the fee charged for such other non-consensual towing or related storage service by other towing companies or storage facilities operating in the municipality from which the vehicle was towed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 31 - PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES › Section 13:45A-31.6 - Towing motor vehicles from private property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A private property towing company shall not remove a motor vehicle from private property without the consent of the owner or operator of the motor vehicle, unless:
1. The private property towing company has entered into a written contract with the owner of the private property to provide private property towing services;
2. The owner of the private property has posted a sign, in a conspicuous place at each vehicular entrance, at least 36 inches high and 36 inches wide stating:
i. The purposes for which parking is authorized and the times during which such parking is permitted;
ii. That unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner's expense;
iii. The name, address and telephone number of the private property towing company that will perform the private property towing;
iv. The charges for the private property towing and storage of towed motor vehicles;
v. The street address of the storage facility where towed motor vehicles can be redeemed after payment of the posted charges and the times during which a motor vehicle may be redeemed; and
vi. That a person may contact the Division of Consumer Affairs by calling 1-800-242-5846;
3. The property owner has authorized the private property towing company to remove the motor vehicle; and
4. The private property towing company tows the motor vehicle to a secure storage facility having the capacity to receive it that is nearest to the site from which the motor vehicle is towed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 31 - PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES › Section 13:45A-31.7 - Storage facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A towing company that engages in private property towing or other non-consensual towing shall tow motor vehicles only to storage facilities that:
1. Have business offices open to the public between 8:00 A.M. and 6:00 P.M. at least five days a week; and
2. Are secure storage facilities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 31 - PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES › Section 13:45A-31.8 - Private property towing practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A private property towing company shall not provide any benefit to a person for information regarding a motor vehicle that may be towed from private property.
(b) A private property towing company shall not refuse to release to the owner or operator, a motor vehicle that has been hooked or lifted but not removed from private property.
(c) A private property towing company releasing a motor vehicle pursuant to (b) above may charge the owner or operator of the motor vehicle a decoupling fee; it shall not charge the owner or operator any other fees.
(d) The provisions of (b) above shall not apply if a tow is authorized by a law enforcement officer in the performance of the officer's duties and is appropriate to protect public safety.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 31 - PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES › Section 13:45A-31.9 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A towing company that performs private property or other non-consensual towing shall retain, for three years, the following records:
1. Invoices for both consensual towing and non-consensual towing services;
2. Job orders;
3. Documentation of waiting time;
4. Logs, which shall include the time when a towed motor vehicle was delivered to the towing company's storage facility from a private property or other non-consensual tow and the date and purpose of each trip to the motor vehicle in storage;
5. Documents relating to private property and other non-consensual towing services performed and rates charged for services; and
6. Any contracts under which the private property towing company is authorized to perform private property towing services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 31 - PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES › Section 13:45A-31.10 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
A violation of any of the rules in this subchapter shall be considered an unlawful practice under P.L. 1960, c. 39 (56:8-1 et seq.).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 32 - PRESCRIPTION DRUG RETAIL PRICE LIST › Section 13:45A-32.1 - Prescription drug retail price list; maintenance; posting of notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pharmacy shall maintain a prescription drug retail price list containing the names of the 150 most frequently prescribed drugs in their most commonly prescribed dosage, made available to the pharmacy by the Director of the Division of Consumer Affairs pursuant to 45:14-82. The prescription drug retail price list shall contain the retail price charged by the pharmacy for each listed drug's most commonly prescribed dosage, in quantities of 30, 60 or 90 units, if applicable, and shall include the drug's price per unit. The date when the list was last updated by the pharmacy shall be noted on the list.
(b) A pharmacy shall conspicuously post an advisory statement prepared by the Division of Consumer Affairs and available for download on the Division's website at
http://www.njconsumeraffairs.gov
, at or adjacent to the prescription dispensing area, in the patient waiting area or in any area where prescription drugs are delivered, which is accessible by the general public, notifying consumers about the following:
1. The availability of the pharmacy's prescription drug retail list, the consumer's right to ask for the current retail price that the pharmacy is charging for any drug on the price list and the availability of additional prescription drug price information from the Division of Consumer Affairs;
2. The right to obtain price comparison information for generic prescription drugs; and
3. The need to tell the pharmacist and the consumer's healthcare practitioner about all medications the consumer may be taking and to ask the pharmacist and the healthcare practitioner how to avoid harmful interactions between any drugs they may be taking.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 33 - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:45A-33.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter implement the provisions of 45:1-45.1 ( section 11 of P.L. 2009, c. 307 ), which require the Division of Consumer Affairs to collect information concerning the dispensing of medical marijuana pursuant to the New Jersey Compassionate Use Medical Marijuana Act.
(b) The rules in this subchapter shall apply to physicians and alternative treatment centers authorized to participate in the distribution of medical marijuana pursuant to rules adopted by the State Board of Medical Examiners and by the Department of Health and Senior Services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 33 - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:45A-33.2 - Physician reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A physician who provides certifications and written instructions for patient use of medical marijuana shall electronically transmit the following information to the Division of Consumer Affairs within one week of issuing written instructions to a patient and/or caregiver:
1. Physician name, address and telephone number;
2. Physician license number and CDS registration number;
3. Patient name, address, telephone number and date of birth;
4. If applicable, caregiver name, address, telephone number and date of birth;
5. Patient or, if applicable, caregiver registry identification number;
6. Alternative treatment center designated in the written instructions;
7. Date written instructions issued;
8. Patient diagnosis; and
9. Quantity of marijuana authorized under the written instructions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 33 - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:45A-33.3 - Alternative treatment center reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An alternative treatment center permitted by the Department of Health and Senior Services shall electronically transmit the following information to the Division of Consumer Affairs within one week of dispensing medical marijuana to a qualifying patient or caregiver:
1. Alternative treatment center permit number;
2. Patient name, address, telephone number and date of birth;
3. If applicable, caregiver name, address, telephone number and date of birth;
4. Physician name, address and telephone number;
5. Physician license number and CDS registration number;
6. Patient or, if applicable, caregiver registry identification number;
7. Quantity of marijuana dispensed;
8. Date dispensed; and
9. Source of payment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 33 - COMPASSIONATE USE MEDICAL MARIJUANA › Section 13:45A-33.4 - Electronic format required for the transmission of information; exemption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Physicians and alternative treatment centers shall transmit the information required by 13:45A-33.2 and 33.3 electronically in a format specified by Division of Consumer Affairs (Division).
(b) In the event that a physician or alternative treatment center cannot electronically transmit the required information to the Division, the physician or alternative treatment center shall request a waiver of the electronic transmission requirements of this subchapter from the Division. The waiver request shall be in writing and shall document the reasons for the inability to electronically transmit the required information. The waiver request shall also specify the format the physician or alternative treatment center requests permission to use for submission of required information to the Division.