reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 43 - ENHANCED MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM › Section 13:20-43.28 - Written notice of refusal to approve or withdrawal of approval; third party emission inspector training programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief Administrator shall notify the applicant, in writing by certified mail, of any refusal to approve a third party emission inspector training program and the grounds thereof. Written notice shall be mailed to the applicant at the address listed on the application or to the place of business on record with the Motor Vehicle Commission.
(b) The Chief Administrator shall notify the third party emission inspector training program provider, in writing by certified mail, of any proposed withdrawal of approval of its emission inspector training program and the grounds thereof. Written notice shall be mailed to the place of business on record with the Motor Vehicle Commission. Unless the third party emission inspector training program files with the Chief Administrator a written request for a hearing in accordance with 13:20-43.29, the emission inspector training program approval shall be withdrawn on the date specified in such notice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 43 - ENHANCED MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM › Section 13:20-43.29 - Request for hearing; third party emission inspector training programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an applicant has been notified in accordance with 13:20-43.28(a)  that the Chief Administrator refuses to approve a third party emission inspector training program, the applicant shall be entitled to an administrative hearing concerning such refusal provided that the applicant has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the applicant by the Motor Vehicle Commission in accordance with 13:20-43.28(a).
(b) If a third party emission inspector training program provider has been notified in accordance with 13:20-43.28(b)  of a proposed withdrawal of approval of its emission inspector training program, the provider shall be entitled to an administrative hearing concerning such proposed withdrawal of approval provided that the emission inspector training program provider has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the provider by the Motor Vehicle Commission in accordance with 13:20-43.28(b).
(c) Any written request for a hearing by a third party emission inspector training program shall be sent to the Motor Vehicle Commission's Emission Inspector Training Program Approval Unit. The address of the Emission Inspector Training Program Approval Unit is Motor Vehicle Commission, 225 East State Street, PO Box 170, Trenton, New Jersey 08666-0170. The hearing request shall contain the following information:
1. The name, certificate number, place of business and telephone number of the third party emission inspector training program;
2. A concise statement of facts constituting each ground of defense;
3. A specific admission, denial or explanation of each fact alleged by the Motor Vehicle Commission in its notice, or if without knowledge thereof, a statement to that effect; any allegation in the Motor Vehicle Commission's notice which is not answered in accordance with this paragraph shall be deemed to have been admitted; and
4. A statement requesting a hearing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 43 - ENHANCED MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM › Section 13:20-43.30 - Hearing procedures; third party emission inspector training programs

Current through Register Vol. 56, No. 14, July 15, 2024
Any hearing concerning the refusal to approve or the withdrawal of approval of a third party emission inspector training program shall be conducted in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a)P.L. 1995, c. 112 provides for the licensing and regulation of private inspection facilities by the Chief Administrator of the Motor Vehicle Commission. The purposes of this subchapter are to:
1. Establish a system for the licensing of private inspection facilities which perform inspections and/or reinspections on motor vehicles and issue certifications for motor vehicles, including emission control system inspections; and
2. Establish standards and procedures necessary to protect the public from incompetent, dishonest, deceptive and fraudulent practices in the inspection, reinspection and certification of motor vehicles, including emission control systems, and to eliminate or exclude from licensing those persons who engage in such practices or who otherwise demonstrate unfitness.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.3 - Scope; license required; vehicle classes; inspection services; license classes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall apply to every person engaged in the business of a private inspection facility which performs inspections, reinspections and certifications of motor vehicles, including emission control systems.
(b) No person shall, on or after June 29, 1995, engage in the business of a private inspection facility unless licensed by the Chief Administrator in accordance with the provisions of this subchapter.
(c) Private inspection facilities shall be licensed to engage in the inspection, re-inspection, and certification of light-duty gasoline-fueled vehicles, light-duty gasoline-fueled trucks, heavy-duty gasoline-fueled vehicles, bi-fueled motor vehicles, diesel-fueled automobiles, diesel-fueled trucks having a GVWR of 8,500 pounds or less and 18,000 pounds or more and passenger vehicle transportation; provided, however, private inspection facilities shall not inspect school buses, buses which are subject to inspection by the Motor Vehicle Commission's Inspection Services Bus Unit, or motor vehicles with elevated chassis height that are subject to inspection in accordance with N.J.A.C. 13:20-37.
(d) Licensed private inspection facilities shall provide inspection, re-inspection, and certification services for all classes of motor vehicles established by the Motor Vehicle Commission, including the following inspection categories:
1. Credentials;
2. On-board diagnostics;
3. Brake system;
4. Exhaust system;
5. Steering, suspension, tires and wheels;
6. Glass (windshield, windows);
7. Electrical (all switches, signals, wipers, lenses and lights, including headlights); and
8. Miscellaneous (any inspection item not in other categories)
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.4 - Initial application for a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person seeking to engage in the business of a private inspection facility shall apply, in accordance with the provisions of this subchapter, to the Chief Administrator for a license authorizing him or her to engage in such business. An application for a private inspection facility license may be obtained from the Private Inspection Facility Licensing Unit of the Motor Vehicle Commission website at
www.njmvc.gov/pif
. The address of the Private Inspection Facility Licensing Unit is:
Motor Vehicle Commission
Business License Services
Private Inspection Facility Licensing Unit
225 East State Street
PO Box 170
Trenton, New Jersey 08666-0170
(b) Each applicant for a private inspection facility license shall file with the Chief Administrator, in such form and detail as may be required by him or her, an application setting forth the following:
1. The name, place of business and telephone number of the private inspection facility;
2. The name, business and residence address(es), driver's license number, social security number and telephone number(s) of:
i. The owner and/or possessor of a controlling interest of the facility, in the case of a sole proprietorship;
ii. Each partner, in the case of a partnership; or
iii. Each officer, director and possessor of a controlling interest, in the case of a corporation;
3. The businesses in which the applicant has been engaged for the five years preceding the date of application, and if employed, the names and addresses of the employers;
4. Whether the applicant has ever been convicted of a crime, disorderly persons offense or petty disorderly persons offense;
5. Whether the applicant has ever been found to be in violation of the Federal Clean Air Act or the Consumer Fraud Act (56:8-1 et seq.) or any regulations adopted thereunder or 7:27-15.7 pertaining to tampering with emission control apparatus;
6. Whether the applicant has ever been denied, or had suspended or revoked, a license or registration to engage in any business, profession or occupation licensed or registered under the laws of any state; and
7. Whether the applicant has any interest in any other private inspection facility or any motor vehicle-related business.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.5 - Applicant qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant shall be a proper person to hold a private inspection facility license. In assessing whether an applicant is a proper person, the Chief Administrator shall consider the character, financial responsibility, prior record while operating as a principal of a business entity licensed or regulated by the Motor Vehicle Commission, and criminal record of the individual applicant, the individual partners, the officers, directors and/or persons possessing a controlling interest, and anyone employed by, or otherwise associated in business with, the applicant. The Chief Administrator shall also consider whether the private inspection facility has maintained acceptable levels of customer satisfaction, the nature and number of all valid customer complaints against the private inspection facility, and the manner and extent by which those complaints have been resolved by the private inspection facility.
(b) Each applicant shall be at least 18 years old, and must have the legal capacity to contract, to be sued and to be liable for all debts.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.6 - Application and license fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each initial application for a private inspection facility license shall be accompanied by a nonrefundable application fee of $ 20.00 payable to the Motor Vehicle Commission.
(b) Each initial or renewal application for a private inspection facility license shall be accompanied by a license fee of $ 250.00 payable to the Motor Vehicle Commission. Such license fee shall be returned to the applicant only in the event that the Chief Administrator refuses to grant or renew a private inspection facility license. Such license fee, or any portion thereof, shall not be refunded to the licensee in the event that the private inspection facility license is suspended or revoked pursuant to 39:8-1 et seq. or this subchapter, or if the licensee voluntarily surrenders the license at any time during the license period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.7 - License renewals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each licensee shall, no later than 30 days before the expiration of the license, submit to the Chief Administrator an application to renew its current license provided that such licensee is not prohibited from applying for a license as specified in 13:20-44.25. An application to renew a private inspection facility license may be obtained from the Private Inspection Facility Licensing Unit of the Motor Vehicle Commission at the address specified in 13:20-44.4(a).
(b) Each application to renew a private inspection facility license shall be accompanied by the applicable license renewal fee(s) specified in 13:20-44.6 and proof of liability insurance coverage as specified in 13:20-44.4(e).
(c) Upon approval of each renewal application, a license shall be issued to the private inspection facility. Each renewal license issued to a private inspection facility effective on the date of entry into the program, shall continue in force and effect two years from last day of the month of entry into the program, unless such license is suspended or revoked by the Chief Administrator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.8 - Surrender of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each private inspection facility license, although issued and delivered to a licensee, shall at all times be the property of the State of New Jersey.
(b) Upon any suspension, revocation, refusal or failure to renew or other termination of a private inspection facility license, the license shall no longer be in force and effect and the license shall be surrendered forthwith upon demand of a Motor Vehicle Commission representative.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.9 - Facilities and equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensed private inspection facilities shall be located in a structure having a garage-type entrance and one or more service bays or lanes; except that licensed private inspection facilities that perform inspections, reinspections, and certifications exclusively at the business locations of owners or lessees of fleet motor vehicles may be exempted from the provisions of this subsection.
(b) Motor vehicle emission testing equipment, approved by the Department of Environmental Protection, shall be owned or leased by a licensed private inspection facility and shall be located on the business premises of the facility.
(c) A vehicle lift or heavy-duty floor jack shall be available on the business premises of a licensed private inspection facility.
(d) Brake testing equipment, for example, a drive-on horizontal scale or roller-type tester, shall be available on the business premises of the facility. The brake testing equipment requirements of this subsection may be waived by the Motor Vehicle Commission upon receipt of written notification from the licensee expressing its commitment to make visual inspections of the brake system and to perform road tests of the brake system.
(e) A tire tread depth gauge calibrated in 32nds of an inch shall be available on the business premises of the facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.11 - Responsibility of licensees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of a sole proprietorship, the owner and/or possessor of a controlling interest in the private inspection facility shall be responsible to the Chief Administrator for the conduct of the business of the facility and for all actions performed by its employees in connection with the business of the facility concerning violations of P.L. 1995, c. 112 or this subchapter.
(b) In the case of a partnership or corporation, each partner, or corporate officer and/or director, or any person or entity possessing a controlling interest, as the case may be, shall be held individually responsible to the Chief Administrator for the conduct of the business of the facility and for all actions performed by its employees in connection with the business of the facility concerning violations of P.L. 1995, c. 112 or this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.12 - Notice and recordkeeping requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each licensee shall display an outdoor sign that shall read: "Official New Jersey Private Inspection Facility." The sign shall include the license number of the private inspection facility. The sign shall contain letters at least two inches high with a stroke of approximately one-half inch, be visible from the road and be located in a conspicuous location for the general public to see. If zoning ordinances prohibit the posting of such sign or such posting is otherwise impractical, the licensee shall prominently display such sign on the exterior of the private inspection facility.
(b) Every license issued in accordance with this subchapter shall be prominently displayed in the office, waiting area or other conspicuous location which is accessible to the public at the private inspection facility.
(c) Every licensed private inspection facility shall maintain copies of all motor vehicle inspection reports and other documents prepared by that facility for inspections, reinspections, certifications and repair work performed by that facility.
1. Such copies shall be kept for at least three years and shall be available for inspection by the Chief Administrator, the Attorney General, the Commissioner of the Department of Environmental Protection, the Director of the Division of Consumer Affairs, the Superintendent of the Division of State Police or any person designated by them, during regular business hours.
2. A licensee's failure to permit such inspection shall subject the licensee to administrative action pursuant to this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.13 - Records; inspection reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall maintain copies of motor vehicle inspection reports in an order corresponding to the date on which the inspection certificate of approval was issued.
(b) A licensee shall maintain repair orders and invoices (bills for parts and labor) in the form required by N.J.A.C. 13:45A-26C.
(c) A licensee shall record the repair order and invoice number or numbers on the motor vehicle inspection report.
(d) Records required to be maintained by a licensee pursuant to this section shall remain on file at the licensee's place of business for a period of three years from the date of issuance of the inspection certificate of approval.
(e) Records required to be maintained by a licensee pursuant to this section shall be made available by the licensee for examination by authorized representatives of the Motor Vehicle Commission, the Department of Environmental Protection or the Division of Consumer Affairs at any time during regular business hours. Investigators and other authorized representatives of the Motor Vehicle Commission, the Department of Environmental Protection or the Division of Consumer Affairs shall be granted access to the licensee's business premises during regular business hours.
(f) A licensee's failure to permit investigators and other personnel from the Motor Vehicle Commission, the Department of Environmental Protection or the Division of Consumer Affairs on the premises of the licensee during regular business hours for purposes of conducting investigations shall be cause for suspension or revocation of the private inspection facility license. Such investigations may include, but shall not be limited to, discussions with customers, examination of motor vehicle emission testing and OBD inspection equipment, and other equipment specified in 13:20-44.9, questioning of employees and the employment of such other investigatory techniques as may be necessary for the enforcement of this subchapter and the provisions of Title 39, Title 26 and Title 56 of the Revised Statutes and the regulations adopted thereunder by the Motor Vehicle Commission at N.J.A.C. 13:20-33 and 43, the Department of Environmental Protection at N.J.A.C. 7:27-15 and 7:27B-5 or 7:27-14 and 7:27B-4, whichever are applicable and the Division of Consumer Affairs at N.J.A.C. 13:45A-26C.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.15 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any advertising used by the private inspection facility in any printed or published material shall contain and prominently display the license number of the facility.
(b) Any advertising used by the private inspection facility in any radio broadcast shall disclose that the facility is licensed by the State of New Jersey.
(c) Any advertising used by the private inspection facility in any television broadcast shall prominently display the license number of the facility at the end of such broadcast.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.16 - Storage rates

Current through Register Vol. 56, No. 14, July 15, 2024
Every private inspection facility which charges a per diem fee to store a motor vehicle on its premises shall disclose in writing, prior to initiating inspection certification services, the amount of such storage charge to the customer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.18 - Emission inspector

Current through Register Vol. 56, No. 14, July 15, 2024
A licensed private inspection facility shall employ an emission inspector licensed in accordance with 39:8-1 et seq. and 13:20-43.17.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.19 - Mechanic qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the private inspection facility performs safety equipment repairs, the licensee or someone in his or her employment shall meet one of the following criteria:
1. One year experience as a paid automotive mechanic and successful completion of advanced courses in automotive mechanics specifically designed for professionals engaged in the trade; or
2. Three or more years paid experience in general automotive repair and service or at least one year paid experience and completion of an automotive repair course at a vocational school, provided the applicant has successfully passed the National Institute for Automotive Service Excellence Test for engine tuneup and at least one other test from the following areas:
i. Brakes;
ii. Front end; or
iii. Automotive electrical systems.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.21 - Investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief Administrator, or any person designated by him or her, shall have the power to investigate and gather evidence of violations of 39:8-1 et seq., or of any regulation adopted thereunder, by a private inspection facility.
(b) The Chief Administrator, or any person designated by him or her, shall have the power to conduct investigations, administer oaths, interrogate licensees, issue subpoenas, summonses and/or complaints and compel witnesses to appear at any hearing.
(c) Except as set forth in 13:20-44.12(j), subpoenas shall be served in the same manner, and witnesses shall be entitled to the same fees, as in the case of subpoenas issued out of the Superior Court of New Jersey.
(d) In the case of a failure of any person to comply with any subpoena issued under these rules or to testify with respect to any matter concerning which he or she may be lawfully interrogated, the Superior Court, on application of the Chief Administrator, may be requested to issue an order requiring the attendance of such person and the giving of testimony or production of evidence. Any person failing to obey the order of the court may be punished by the court for contempt.
(e) In addition to the authority set forth in (a) above, New Jersey State Police officers, Department of Environmental Protection investigators and Division of Consumer Affairs investigators are hereby authorized to enforce the provisions of this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.22 - Written notice of suspension or revocation or refusal to grant or renew license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief Administrator shall notify the applicant, in writing by certified mail, of any refusal to grant or renew a private inspection facility license to the applicant and the grounds thereof. Written notice shall be mailed to the applicant at the address listed on the application or to the place of business on record with the Motor Vehicle Commission.
(b) The Chief Administrator shall notify the licensee, in writing by certified mail, of any proposed suspension or revocation of the private inspection facility license and the grounds thereof. Written notice shall be mailed to the place of business on record with the Motor Vehicle Commission. Unless the licensee files with the Chief Administrator a written request for a hearing in accordance with 13:20-44.23, the private inspection facility license shall be suspended or revoked on the date specified in such notice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.23 - Request for hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an applicant has been notified in accordance with 13:20-44.22(a)  that the Chief Administrator refuses to grant or renew a private inspection facility license to him or her, the applicant shall be entitled to an administrative hearing concerning such refusal provided that the applicant has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the applicant by the Motor Vehicle Commission in accordance with 13:20-44.22(a).
(b) If a licensee has been notified in accordance with 13:20-44.22(b)  of a proposed suspension or revocation of his or her private inspection facility license, the licensee shall be entitled to an administrative hearing concerning such proposed suspension or revocation provided that the licensee has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the licensee by the Motor Vehicle Commission in accordance with 13:20-44.22(b).
(c) Any written request for a hearing by an applicant or licensee shall be sent to the Private Inspection Facility Licensing Unit of the Motor Vehicle Commission at the address specified in 13:20-44.4(a). The hearing request shall contain the following information:
1. The name, license number, place of business and telephone number of the private inspection facility;
2. A concise statement of facts constituting each ground of defense;
3. A specific admission, denial or explanation of each fact alleged by the Motor Vehicle Commission in its notice or order to show cause, or if without knowledge thereof, a statement to that effect; any allegation in the Motor Vehicle Commission's notice or order to show cause which is not answered in accordance with this paragraph shall be deemed to have been admitted; and
4. A statement requesting a hearing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.24 - Hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
Any hearing concerning the suspension, revocation or refusal to grant or renew a private inspection facility license shall be conducted in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.25 - Limitations on issuance of license after suspension, revocation or refusal to grant or renew

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person whose application for a private inspection facility license is refused shall be entitled to apply for a license under this subchapter for a period of one year from the effective date of such refusal.
(b) No person whose license is suspended or revoked shall be entitled to apply for a license under this subchapter during the period of suspension or revocation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 44 - PRIVATE INSPECTION FACILITY LICENSING › Section 13:20-44.26 - License restoration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fee as set forth in 39:3-10a shall be payable to the Motor Vehicle Commission for the restoration of a private inspection facility license which is suspended or revoked pursuant to 39:8-1 et seq. or this subchapter. Such license restoration fee shall be paid to the Motor Vehicle Commission before the license may be restored.
(b) Each suspension or revocation of any private inspection facility license, pursuant to 39:8-1 et seq. or any regulation adopted thereunder, shall continue in force and effect until such license is restored by the Chief Administrator.
(c) In the case of every suspension or revocation of a private inspection facility license for a fixed period of time, the licensee, as a condition precedent to restoration, shall make application to the Chief Administrator, in such form as the Chief Administrator may determine, and pay the license restoration fee specified in (a) above. The Chief Administrator may, upon notice and an opportunity to be heard, deny any application for restoration of a private inspection facility license for good cause.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a)P.L. 1995, c. 112 provides for the registration of motor vehicle emission repair facilities by the Chief Administrator of the Motor Vehicle Commission. The purpose of this subchapter is to establish a system for the registration of motor vehicle emission repair facilities that perform emission and OBD repairs for compensation on "gasoline-fueled" or "bi-fueled" motor vehicles as defined in 13:20-43.1 that have failed an emission or OBD inspection so that the Motor Vehicle Commission may track emission and OBD repairs for monitoring purposes.
(b) The purpose of this subchapter is also to establish a system for the registration of motor vehicle emission repair facilities that perform diesel emission and OBD repairs for compensation on diesel-fueled motor vehicles that have failed an emission or OBD inspection so that the Motor Vehicle Commission may track emission and OBD repairs for monitoring purposes.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall apply to every person engaged in the business of a motor vehicle emission repair facility.
(b) No person shall, on or after June 29, 1995, engage in the business of a motor vehicle emission repair facility unless registered by the Chief Administrator in accordance with the provisions of this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.4 - Initial application for registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person seeking to engage in the business of a motor vehicle emission repair facility shall apply, in accordance with the provisions of this subchapter, to the Chief Administrator for a registration authorizing him or her to engage in such business. An application for a motor vehicle emission repair facility registration may be obtained from the Motor Vehicle Emission Repair Facility Registration Unit of the Motor Vehicle Commission. The address of the Motor Vehicle Emission Repair Facility Registration Unit is:
Motor Vehicle Commission
Business License Services
Motor Vehicle Emission Repair Facility
Registration Unit
225 East State Street
PO Box 170
Trenton, New Jersey 08666-0170
(b)Each applicant for a motor vehicle emission repair facility registration shall file with the Chief Administrator, in such form and detail as may be required by him or her, an application setting forth the following:
1. The name, place of business and telephone number of the motor vehicle emission repair facility;
2. The name, business and residence address(es), driver's license number, social security number and telephone number(s) of:
i. The owner and/or possessor of a controlling interest of the facility, in the case of a sole proprietorship;
ii. Each partner, in the case of a partnership; or
iii. Each officer, director and possessor of a controlling interest, in the case of a corporation;
3. Whether the applicant has ever been convicted of a crime;
4. Whether the applicant has ever been found to be in violation of the Federal Clean Air Act or the Consumer Fraud Act (56:8-1 et seq.) or any regulations adopted thereunder or 7:27-15.7 pertaining to tampering with emission control apparatus;
5. Whether the applicant has ever been denied, or had suspended or revoked, a license or registration to engage in any business, profession or occupation licensed or registered under the laws of any state; and
6. Whether the applicant has any interest in any other motor vehicle emission repair facility or any motor vehicle-related business.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.5 - Applicant qualification

Current through Register Vol. 56, No. 14, July 15, 2024
Each applicant shall be at least 18 years old, and must have the legal capacity to contract, to be sued and to be liable for all debts.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.6 - Registration fee

Current through Register Vol. 56, No. 14, July 15, 2024
Each initial or renewal application for a motor vehicle emission repair facility registration shall be accompanied by a registration fee of $50.00 payable to the Motor Vehicle Commission. Such registration fee shall be returned to the applicant only in the event that the Chief Administrator refuses to grant or renew a motor vehicle emission repair facility registration. Such registration fee, or any portion thereof, shall not be refunded to the registrant in the event that the motor vehicle emission repair facility registration is suspended or revoked pursuant to 39:8-1 et seq. or this subchapter, or if the registrant voluntarily surrenders the registration at any time during the registration period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.7 - Registration renewals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each registrant shall, no later than 30 days before the expiration of the registration, submit to the Chief Administrator an application to renew its current registration provided that such registrant is not prohibited from applying for a registration as specified in 13:20-45.22. An application to renew a motor vehicle emission repair facility registration may be obtained from the Motor Vehicle Emission Repair Facility Registration Unit of the Motor Vehicle Commission at the address specified in 13:20-45.4(a).
(b) Each application to renew a motor vehicle emission repair facility registration shall be accompanied by the fee specified in 13:20-45.6.
(c) Upon approval of each renewal application, a registration shall be issued to the motor vehicle emission repair facility. Each renewal registration issued to a motor vehicle emission repair facility on or after January 1 of any year shall continue in force and effect until December 31 of the following year, unless such registration is suspended or revoked by the Chief Administrator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.8 - Surrender of registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each motor vehicle emission repair facility registration, although issued and delivered to a registrant, shall at all times be the property of the State of New Jersey.
(b) Upon any suspension, revocation, refusal to renew or other termination of a motor vehicle emission repair facility registration, the registration shall no longer be in force and effect and the registration shall be surrendered forthwith upon demand of a Motor Vehicle Commission representative.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.9 - Responsibility of registrants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of a sole proprietorship, the owner and/or possessor of a controlling interest in the motor vehicle emission repair facility shall be responsible to the Chief Administrator for the conduct of the business of the facility and for all actions performed by his or her employees in connection with the business of the facility concerning violations of P.L. 1995, c. 112, or P.L. 1995, c. 157, or this subchapter.
(b) In the case of a partnership or corporation, each partner, or corporate officer and/or director, or any person or entity possessing a controlling interest, as the case may be, shall be held individually and jointly responsible to the Chief Administrator for the conduct of the business of the facility and for all actions performed by its employees in connection with the business of the facility concerning violations of P.L. 1995, c. 112, or P.L. 1995, c. 157, or this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.10 - Deceptive practices concerning emission-related repairs

Current through Register Vol. 56, No. 14, July 15, 2024
Motor vehicle emission repair facilities shall be subject to the provisions of N.J.A.C. 13:45A-26C.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.11 - Notice and recordkeeping requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each registrant shall display an outdoor sign which shall read: "Registered: State of New Jersey Motor Vehicle Emission Repair Facility". The sign shall include the registration number of the motor vehicle emission repair facility. The sign must contain letters at least two inches high with a stroke of approximately one-half inch, be visible from the road and be located in a conspicuous location for the general public to see. If zoning ordinances prohibit the posting of such sign or such posting is otherwise impractical, the registrant shall prominently display such sign on the exterior of the motor vehicle emission repair facility.
(b) Every registration issued in accordance with this subchapter shall be prominently displayed in the office, waiting area or other conspicuous location which is accessible to the public at the motor vehicle emission repair facility.
(c) Every registered motor vehicle emission repair facility shall post in a conspicuous location accessible to the public a "Notice to Consumers" concerning violations of P.L. 1995, c. 112 and the fact that customers have a right to inspect the repaired motor vehicle before paying for the repair work. The notice shall be prepared and furnished by the Motor Vehicle Commission.
(d) Every registered motor vehicle emission repair facility shall post in a conspicuous location accessible to the public a notice stating that the names and qualifications of its certified emission repair technicians are available upon request.
(e) Every registered motor vehicle emission repair facility shall maintain copies of all motor vehicle inspection reports, estimates, work orders, invoices, parts purchase orders, appraisals and/or other documents prepared by that facility for repair work performed by that facility or by subcontractors.
1. Such copies shall be kept for at least three years and shall be available for inspection by the Chief Administrator, the Commissioner of the Department of Environmental Protection, the Director of the Division of Consumer Affairs or any person designated by them, during regular business hours.
2. Failure to permit such inspection shall subject the registrant to administrative action pursuant to this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.12 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any advertising used by the motor vehicle emission repair facility in any printed or published material shall contain and prominently display the registration number of the facility.
(b) Any advertising used by the motor vehicle emission repair facility in any radio broadcast shall disclose that the facility is registered by the State of New Jersey.
(c) Any advertising used by the motor vehicle emission repair facility in any television broadcast shall prominently display the registration number of the facility at the end of such broadcast.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.13 - Storage rates

Current through Register Vol. 56, No. 14, July 15, 2024
Every motor vehicle emission repair facility that charges a per diem fee to store a motor vehicle on its premises shall disclose in writing, prior to initiating emission-related or OBD-related repair(s), the amount of such storage charge to the customer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.14 - Additional violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to any violation of 39:8-1 et seq., the Chief Administrator may refuse to renew a registration or suspend or revoke the registration of any motor vehicle emission repair facility if he or she determines that the applicant or registrant:
1. Has made a false statement or concealed a fact in connection with the application for a registration or a renewal thereof; or
2. Is not the owner of, or possessor of a controlling interest in, the motor vehicle emission repair facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.15 - Mechanic qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
If the motor vehicle emission repair facility performs safety equipment repairs, the registrant or someone in his or her employment must meet the mechanic qualification standard as set forth in 13:20-44.19.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.16 - Repair technician; certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The registrant or someone in his or her employment shall be certified as a repair technician.
(b) No emission-related or OBD-related repairs to "gasoline-fueled" or "bi-fueled" motor vehicles as defined in 13:20-43.1 may be performed for compensation of any kind by any person or facility unless the repairs are made by, or under the supervision of, a certified repair technician employed by the facility. For purposes of this subsection, "employed by" shall be construed to include any business relationship between the certified repair technician and the facility including actual or equitable ownership, in whole or in part, of the individual facility by the technician or a partnership interest in the facility.
(c) Repair technician certification shall be predicated upon a person's satisfactory completion of an approved repair technician certification program of instruction in emission-related and OBD-related repairs on motor vehicles that fail an emission test or OBD inspection.
(d) An approved repair technician program of instruction shall include:
1. Diagnosis and repair of malfunctions in computer controlled, close-loop vehicles;
2. The application of emission control theory and diagnostic data to the diagnosis and repair of failures on OBD and idle tests and the fuel cap leak test;
3. Utilization of diagnostic information on systematic or repeated failures observed in the OBD and idle tests and the fuel cap leak test; and
4. General training in the various subsystems related to engine emission control.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 45 - MOTOR VEHICLE EMISSION REPAIR FACILITY REGISTRATION › Section 13:20-45.17 - Additional penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Where, pursuant to 39:8-1 et seq., or any regulation adopted thereunder, the Chief Administrator has the authority to suspend, revoke or refuse to renew the registration of a motor vehicle emission repair facility, the Chief Administrator shall also have the authority to impose, as an alternative or in addition to such suspension, revocation or refusal to renew, an official warning.