reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 3 - TELEMARKETER REGISTRATION › Section 13:45D-3.9 - Telemarketer specific no telemarketing call list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each telemarketer shall maintain a list of the names and telephone numbers of existing customers who have requested not to receive telemarketing sales calls from that telemarketer which notes the date the customer made the request.
(b) A telemarketer that receives a request from an existing customer not to receive telemarketing sales calls shall remove the customer from its calling list and take other necessary affirmative steps to cease telemarketing sales calls to the customer within 30 days of the customer's request.
(c) A telemarketer shall maintain a list of a specific seller's existing customers who have requested not to receive calls from the seller and provide this list to the seller at least once every quarter.
(d) Sellers shall maintain a list of names and telephone numbers of customers who have requested not to receive telemarketing sales calls. A seller that receives, either directly from the customer or indirectly from a telemarketer or other source, a request from an existing customer not to receive telemarketing sales calls from that seller, shall remove the customer from its calling list and take other necessary affirmative steps to cease telemarketing sales calls to the customer by or on behalf of the seller within 30 days of the customer's request.
(e) A seller who contracts with a telemarketer to make telemarketing sales calls on its behalf shall provide the telemarketer with the list of existing customers who have requested not to receive telemarketing sales calls from the seller.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 3 - TELEMARKETER REGISTRATION › Section 13:45D-3.10 - Recordkeeping requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each registered telemarketer shall maintain the following information:
1. The no telemarketing call list;
2. Documentation attesting to the date of receipt of the no telemarketing call list;
3. Sales scripts and written materials used for telemarketing purposes;
4. Name, any fictitious name used, last known home address and telephone number, and job title of all current and former individuals making telemarketing sales calls on behalf of the applicant;
5. All phone records and contracts associated with the telephone lines, channels, or other technology used for telemarketing calls;
6. Policies and procedures manuals relating to training and compliance with the Act and rules;
7. Records and evidence of employee training in the requirements of telemarketing regulation;
8. If telemarketing sales calls are recorded, the tape recordings of the telemarketing sales calls;
9. A log which includes the phone number, date, and time of each and every telemarketing sales call;
10. Requests to be placed on the telemarketer specific no telemarketing call list; and
11. The telemarketer specific no telemarketing call list.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 3 - TELEMARKETER REGISTRATION › Section 13:45D-3.11 - Training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A telemarketer shall:
1. Establish and implement written procedures to comply with the requirements of the Act and this chapter; and
2. Train employees in telemarketing rules and procedures.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 4 - PROHIBITED ACTIVITIES; PERMITTED CALLS; PENALTIES › Section 13:45D-4.1 - Prohibited activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A telemarketer shall not make or cause to be made any unsolicited telemarketing sales calls to a customer:
1. After three months from the date the customer's telephone number first appears on the no telemarketing call list;
2. Between the hours of 9:00 P.M. and 8:00 A.M., local time of the customer; or
3. Whose telephone number has been identified as belonging to a commercial mobile service device, except that a telemarketer that is a commercial mobile services company may call its customer using its commercial mobile services if its customer will not incur telecommunication charges or a usage allocation deduction as a result of such call and the call is directly related to the commercial mobile services of the commercial mobile services company, unless the customer has stated to the commercial mobile services company that the customer no longer desires to receive these calls.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 4 - PROHIBITED ACTIVITIES; PERMITTED CALLS; PENALTIES › Section 13:45D-4.2 - Exempt telemarketing sales calls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Telemarketers may make the following telemarketing sales calls even if the customer is on the no telemarketing call list unless the customer has requested not to receive telemarketing sales calls under 13:45D-3.9:
1. Calls made to an existing customer; or
2. Calls made to an existing customer to whom a seller's sole obligation is the extension of credit which are made within 18 months of the date of the customer's last credit transaction or until the satisfaction of the credit obligation, whichever is later.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 4 - PROHIBITED ACTIVITIES; PERMITTED CALLS; PENALTIES › Section 13:45D-4.3 - Call requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All telemarketers making any telemarketing sales call to a New Jersey customer shall, within the first 30 seconds of such call, disclose all of the following information:
1. The name of the person making the call;
2. The name of the telemarketing entity making the call;
3. The name of the person or entity on whose behalf the call is being made; and
4. The purpose of the call.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 4 - PROHIBITED ACTIVITIES; PERMITTED CALLS; PENALTIES › Section 13:45D-4.4 - Continuing services

Current through Register Vol. 56, No. 14, July 15, 2024
A telemarketer may call an established customer on the no telemarketing call list or telemarketer specific no call list provided that the call is limited to the provision of continuing services and does not relate to expanded services, upgrades, products or other services unless directly related to the particular service or services previously provided.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 4 - PROHIBITED ACTIVITIES; PERMITTED CALLS; PENALTIES › Section 13:45D-4.5 - Defenses to liability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered telemarketer shall not be held liable for violating the Act or this chapter if the telemarketer can demonstrate that:
1. The telemarketer has obtained and put into use a copy of the no telemarketing call list which is no older than three months at the time the telemarketing call in question was made and the telemarketer has established and implemented written policies and procedures related to the requirements of the Act and these rules;
2. The telemarketer has trained all personnel in making telemarketing sales calls and the requirements of the Act and these rules;
3. The telemarketer maintains records which demonstrate compliance with (a)1 and 2 above and the Act; and
4. Any unsolicited telemarketing sales call made to a customer on the no telemarketing call list is an isolated call made no more than one time in a 12-month period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 4 - PROHIBITED ACTIVITIES; PERMITTED CALLS; PENALTIES › Section 13:45D-4.6 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Any violation of the Act or this chapter shall be subject to the penalty provisions of 56:8-13 and 56:8-14.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 5 - CUSTOMER REGISTRATION FOR NO TELEMARKETING CALL LIST › Section 13:45D-5.1 - Customer registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A customer who wishes to be placed on the no telemarketing call list shall register by:
1. Calling the Federal toll-free registration number, 1-888-382-1222 (TTY 1-866-290-4236) from the telephone number the customer wishes to add to the no telemarketing call list;
2. Registering on-line at the National Do Not Call Registry website at
http://www.donotcall.gov/
; or
3. Registering on-line by using the Division website,
http://www.njconsumeraffairs.gov/
, A-Z list, "Do Not Call" information, which links to the National Do Not Call Registry.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 5 - CUSTOMER REGISTRATION FOR NO TELEMARKETING CALL LIST › Section 13:45D-5.2 - Removal from list

Current through Register Vol. 56, No. 14, July 15, 2024
A customer may be removed from the no telemarketing call list by calling the National Do Not Call Registry at 1-888-382-1222 (TTY 1-866-290-4236). In order to be removed from the list the customer must call from the telephone number that he or she wishes to be removed from the no telemarketing call list.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45E - HEALTH CARE PROFESSIONAL REPORTING RESPONSIBILITY › Subchapter 1 - PURPOSE › Section 13:45E-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter provide for the interpretation and administration of the Health Care Professional Responsibility and Reporting Enhancement Act, P.L. 2005, c. 83.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45E - HEALTH CARE PROFESSIONAL REPORTING RESPONSIBILITY › Subchapter 3 - NOTIFICATION TO THE CLEARING HOUSE COORDINATOR › Section 13:45E-3.1 - Notification to the Clearing House Coordinator by a health care entity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (c) below, a health care entity shall file a report with the Clearing House Coordinator concerning a health care professional who is employed by, under contract to render professional services to, or has clinical privileges granted by that health care entity, or who provides such services pursuant to an agreement with a health care services firm or staffing registry if:
1. For reasons relating to the health care professional's impairment, incompetency or professional misconduct, which incompetency or professional misconduct relates adversely to patient care or safety, the health care entity:
i. Summarily or temporarily revokes or suspends or permanently reduces, suspends or revokes the health care professional's full or partial clinical privileges or practice;
ii. Removes the health care professional from the list of eligible employees of a health services firm or staffing registry;
iii. Discharges the health care professional from the staff of the health care entity; or
iv. Terminates or rescinds a contract with the health care professional to render professional services;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45E - HEALTH CARE PROFESSIONAL REPORTING RESPONSIBILITY › Subchapter 3 - NOTIFICATION TO THE CLEARING HOUSE COORDINATOR › Section 13:45E-3.2 - Notification to the Clearing House Coordinator by a health care professional

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A health care professional shall file a report with the Clearing House Coordinator if that health care professional is in possession of information which reasonably indicates that another health care professional has demonstrated an impairment, gross incompetence or unprofessional conduct which would present an imminent danger to an individual patient or to the public health, safety or welfare.
(b) The health care professional shall file the report required under (a) above if he or she has personal knowledge of the information required to be reported, unless the health care professional is only aware of that information as a result of participation in a review or other proceeding conducted by or for a health care entity.
(c) A health care professional, who would otherwise be required to file a report under (a) above, may discharge his or her duty by joining with the entity in filing a report with the Clearing House Coordinator, evidenced by his or her signature on the report or by receiving written assurance from the health care entity notified that it has fulfilled its reporting requirement.
(d) A health care professional who has signed a report to be filed jointly with the entity and received the acknowledgement and undertaking shall have satisfied his or her duty to file a report.
(e) A health care professional who signs a joint report shall retain a copy of the acknowledgement and undertaking for a period of seven years.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45E - HEALTH CARE PROFESSIONAL REPORTING RESPONSIBILITY › Subchapter 3 - NOTIFICATION TO THE CLEARING HOUSE COORDINATOR › Section 13:45E-3.3 - Duty of health care entity to a health care professional subject to N.J.S.A 45:1-37

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A health care entity shall execute and deliver to the health care professional signing the report an acknowledgment of such signing and an undertaking to file the joint report with the Clearing House Coordinator.
(b) A health care entity that is reporting the conduct of a health care professional on behalf of a health care professional who has reported the conduct to the health care entity as set forth in 13:45E-3.2(c), shall provide notice and a copy of the filed report to the reporting health care professional within seven calendar days that the health care entity has notified the Clearing House Coordinator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45E - HEALTH CARE PROFESSIONAL REPORTING RESPONSIBILITY › Subchapter 4 - NOTIFICATION TO THE HEALTH CARE PROFESSIONAL BY THE HEALTH CARE ENTITY › Section 13:45E-4.1 - Notification to the health care professional by the health care entity

Current through Register Vol. 56, No. 14, July 15, 2024
A health care entity shall provide the health care professional who is the subject of a report pursuant to 13:45E-3.1 with a copy of the report provided to the Clearing House Coordinator, when the health care entity submits the report to the Clearing House Coordinator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45E - HEALTH CARE PROFESSIONAL REPORTING RESPONSIBILITY › Subchapter 5 - REPORT TO CLEARING HOUSE COORDINATOR › Section 13:45E-5.1 - Form of report; report not "government record"

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Reports to the Clearing House Coordinator shall be on the form annexed to this chapter as the Appendix and incorporated herein by reference.
(b) Reports to or from the Clearing House Coordinator shall not be considered government records under the Open Public Records Act, 47:1A-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45E - HEALTH CARE PROFESSIONAL REPORTING RESPONSIBILITY › Subchapter 5 - REPORT TO CLEARING HOUSE COORDINATOR › Section 13:45E-5.2 - Review of the report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Clearing House Coordinator, together with the Deputy Director and counsel, if needed, shall review each report to determine if the action and conduct reported are required to be the subject of a report under 13:45E-3.1.
(b) If the action or conduct reported is required to be reported under 13:45E-3.1, the Clearing House Coordinator shall notify the reporting entity or the reporting health care professional that the report has been accepted.
(c) If the action or conduct reported does not constitute action or conduct that must be reported under 13:45E-3.1, the Clearing House Coordinator shall notify the health care professional named in the submission and the reporting entity or the reporting health care professional that the action or conduct reported is not required to be reported, and that the filing entity or health care professional shall not consider its submission to the Clearing House Coordinator to be a report within the meaning of this chapter.
(d) A submission rejected by the Clearing House Coordinator under this section shall not be disclosed to an inquiring health care entity under 13:45E-6.1
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45E - HEALTH CARE PROFESSIONAL REPORTING RESPONSIBILITY › Subchapter 6 - DISCLOSURE OF INFORMATION TO A HEALTH CARE ENTITY › Section 13:45E-6.1 - Disclosure of information to an inquiring health care entity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A health care entity making an inquiry to another health care entity about a health care professional shall furnish to that entity a written certification that the inquiry is made for the purpose of evaluating a health care professional for hiring, continued employment, or continued privileges.
(b) Upon receipt of the certification provided under (a) above, a health care entity shall disclose to the health care entity making the inquiry about a health care professional:
1. All reports it filed with the Clearing House Coordinator about that health care professional, including reports of restoration of privileges or the full or partial restoration of duties that had been limited, curtailed or prevented; and
2. Any information that the health care entity has at the time of the inquiry about the disposition of any matter that was the subject of a report regarding that health care professional.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45E - HEALTH CARE PROFESSIONAL REPORTING RESPONSIBILITY › Subchapter 6 - DISCLOSURE OF INFORMATION TO A HEALTH CARE ENTITY › Section 13:45E-6.2 - Disclosure of information by Clearing House Coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A health care entity that makes an inquiry to the Clearing House Coordinator about a health care professional shall furnish to the Clearing House Coordinator a written certification that the inquiry is made for the purpose of evaluating a health care professional for hiring, continued employment, or continued privileges and written authorization from the health care professional to release information on the status of or final disposition of any matter that was the subject of a report regarding that health care professional.
(b) Upon receipt of the certification and authorization under (a) above, the Clearing House Coordinator shall give the inquiring health care entity information on the status of or final disposition of any matter that was the subject of a report regarding that health care professional.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45E - HEALTH CARE PROFESSIONAL REPORTING RESPONSIBILITY › Subchapter 7 - CONFIDENTIALITY › Section 13:45E-7.1 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The confidentiality afforded by the Act shall not apply to any mandatory information included in a health care professional's profile posted pursuant to 45:9-22.2 3.
(b) The Clearing House Coordinator shall notify a health care entity, or health care professional, that filed a report of the disposition of any investigation of a health care professional that was the subject of a report.
(c) In the case of a report that was filed jointly by a health care entity and a health care professional, the Clearing House Coordinator shall notify the health care entity of the disposition of any investigation of the health care professional who was the subject of a report. The health care entity shall make reasonable efforts to notify the health care professional who jointly filed the report of the disposition of any investigation of the health care professional who was the subject of the report.
(d) The Clearing House Coordinator shall notify a health care professional who was the subject of a report of the disposition of any investigation of that health care professional.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45E - HEALTH CARE PROFESSIONAL REPORTING RESPONSIBILITY › Subchapter 8 - RECORDS › Section 13:45E-8.1 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
A health care entity or a health care professional required to create a document or writing under this subchapter shall retain the document or writing for a period of seven years.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 1 - PURPOSE, SCOPE AND DEFINITIONS › Section 13:45F-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is promulgated by the Director under the Identity Theft Prevention Act (the ITPA), 56:11-44 et seq. The rules address the obligations of a consumer reporting agency to New Jersey consumers regarding placing, lifting or removing a security freeze on a consumer report under the ITPA at 56:11-46 et seq. Further, the rules address prohibited uses of Social Security numbers and the manner in which Social Security numbers may be given in a public setting under the ITPA at 56:8-164. Finally, the rules address the penalties for violations of the security freeze and breach of security provisions under the ITPA at 56:8-166 and 56:11-50.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 1 - PURPOSE, SCOPE AND DEFINITIONS › Section 13:45F-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter applies to consumer reporting agencies that maintain consumer reports on New Jersey residents and any public or private entity or person who has access to the Social Security numbers of New Jersey residents.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 2 - SECURITY FREEZE PROVISIONS › Section 13:45F-2.1 - Providing information to consumers about a security freeze

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each consumer reporting agency shall provide to consumers:
1. Complete, easily accessible information presented in plain language about how to place, lift and remove a security freeze on a consumer report including:
i. All identifying information that the consumer reporting agency requires from a consumer to place, temporarily lift or remove a security freeze on a consumer report;
ii. The methods by which a consumer can make a request to the consumer reporting agency to place, temporarily lift or remove a security freeze on a consumer report, which may be a written request by certified or overnight mail or secure electronic mail, or, where the freeze is being temporarily lifted or removed, by secure electronic media;
iii. A notice that a consumer must place a security freeze with each consumer reporting agency separately;
iv. The amount of any fee to temporarily lift or remove a security freeze and the methods of payment accepted by the consumer reporting agency; and
v. Information on the procedures to replace a lost personal identification number (PIN) or password; and
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 2 - SECURITY FREEZE PROVISIONS › Section 13:45F-2.2 - Placing a security freeze

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a consumer's written request to place a security freeze on his or her consumer report made in accordance with the procedures provided in 13:45F-2.1(a), a consumer reporting agency shall, within five business days of receipt:
1. Place the security freeze on the consumer report;
2. Send a written confirmation of the security freeze to the consumer together with instructions on the procedures used by the consumer reporting agency to temporarily lift or remove a security freeze, and a toll-free number that a consumer may use for any further questions; and
3. Provide the consumer with a unique PIN or password, other than the consumer's Social Security number or any four or more consecutive numbers of the Social Security number or data element comprising identifying information, to be used by the consumer when providing authorization for the release of his or her credit information for a specific party or period of time or communications with the consumer reporting agency when temporarily lifting a security freeze (13:45F-2.3 ), removing a security freeze (13:45F-2.4 ) or changing official information (13:45F-2.5 ).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 2 - SECURITY FREEZE PROVISIONS › Section 13:45F-2.3 - Temporarily lifting a security freeze

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a consumer's request to temporarily lift a freeze sent by certified or overnight mail or such system of secure electronic media as may be made available by the consumer reporting agency, the consumer reporting agency shall:
1. Lift the freeze if the consumer has properly supplied the following:
i. The information necessary for proper identification specified in the information given to the consumer pursuant to 13:45F-2.1; and
ii. The information to identify the specific third party granted access or the time period for which the consumer report is to be made available;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 2 - SECURITY FREEZE PROVISIONS › Section 13:45F-2.4 - Removing a security freeze

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a consumer reporting agency has received a request from the consumer to remove a security freeze it shall:
1. Remove the freeze if the consumer has supplied the information necessary for proper identification specified in the information given to the consumer pursuant to 13:45F-2.1(a)1  i and the PIN provided to the consumer pursuant to 13:45F-2.2(a)3; and
2. Comply with the request as expeditiously as possible, but no later than three business days after receiving the request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 2 - SECURITY FREEZE PROVISIONS › Section 13:45F-2.5 - Changing official information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Until a security freeze placed on a consumer report is removed, the consumer reporting agency shall not change any official information in the consumer report without first sending a written notice of the change to the consumer. The written notice shall be sent within 30 days of the posting of the intended change to the official information in the consumer report. A consumer reporting agency shall wait at least 10 days after the written notice has been sent before finalizing the change in the consumer's report. The written notice of change shall:
1. State the type of official information that is being changed, without disclosing the actual information, and the reason for the change;
2. Advise the consumer that he or she must contact the consumer reporting agency, in writing by mail or by any other method allowed by the consumer reporting agency, within seven days of the date of the notice if the change in the official information is incorrect; and
3. Be sent to both the consumer's new and old address where the official information being changed is the consumer's address.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 2 - SECURITY FREEZE PROVISIONS › Section 13:45F-2.6 - Lost PIN or password

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 24 hours of notification that a consumer has lost his or her PIN or password, the consumer reporting agency shall:
1. Issue a new or reissue the original PIN or password if the consumer has supplied the information necessity for proper identification given to the consumer pursuant to 13:45F-2.1; and
2. Use a PIN or password, other than the consumer's Social Security number, or any data element comprising identifying information, if issuing a new PIN or password.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 2 - SECURITY FREEZE PROVISIONS › Section 13:45F-2.7 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A consumer reporting agency may charge the following fees:
1.
Temporary lift or removal of a security
up to $ 5.00
;freeze..........................................
and
2.
Replacement or re-issuance of a lost
.
PIN or password...............................
.up to $ 5.00.
(b) No fee may be charged for placing a security freeze on a consumer report.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 4 - SOCIAL SECURITY NUMBERS › Section 13:45F-4.1 - Restrictions on the communication of Social Security numbers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person, including a public or private entity, shall:
1. Publicly post or publicly display an individual's Social Security number or any four or more consecutive numbers taken from the individual's Social Security number;
2. Print an individual's Social Security number on any materials that are mailed to the individual, unless State or Federal law requires the Social Security number to be on the document to be mailed;
3. Print an individual's Social Security number on any card required for the individual to access products or services provided by the person or public or private entity;
4. Require an individual to transmit his or her Social Security number over the Internet, unless the connection is secure or the Social Security number is encrypted; or
5. Require an individual to use his or her Social Security number to access an Internet website, unless a password or unique PIN or other authentication device is also required to access the Internet web site.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 5 - VIOLATIONS › Section 13:45F-5.1 - Violations of security freeze provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any consumer reporting agency that willfully fails to comply with the requirements of N.J.A.C. 13:45F-2 or 56:11-30 or 56:11-46 through 49 shall be liable to a consumer as provided in 56:11-38.
(b) Any consumer reporting agency that is negligent in failing to comply with the requirements of N.J.A.C. 13:45F-2 or 56:11-30 or 56:11-46 through 49 shall be liable to a consumer as provided in 56:11-39.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45F - IDENTITY THEFT › Subchapter 5 - VIOLATIONS › Section 13:45F-5.2 - Violations of breach of security provisions

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be an unlawful practice and a violation of the Consumer Fraud Act, 56:8-1 et seq., to willfully, knowingly or recklessly violate 56:8-161 through 164.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45G - DISPOSITION OF CONSUMER COMPLAINTS › Subchapter 1 - DISPOSITION OF CONSUMER COMPLAINTS › Section 13:45G-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter implement the provisions of P.L. 2010, c. 17, which require that a final disposition of a consumer complaint filed with a board, the Director through the Attorney General, or the Attorney General be rendered within 120 days of the filing of the complaint, subject to certain events that toll the 120-day period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45G - DISPOSITION OF CONSUMER COMPLAINTS › Subchapter 1 - DISPOSITION OF CONSUMER COMPLAINTS › Section 13:45G-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter apply to the disposition of consumer complaints against a licensee of any of the boards designated in 45:1-15 received by the board, the Director through the Attorney General, or the Attorney General on or after November 2, 2010.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45G - DISPOSITION OF CONSUMER COMPLAINTS › Subchapter 1 - DISPOSITION OF CONSUMER COMPLAINTS › Section 13:45G-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Administrative hearing in a contested case" for the purpose of this chapter commences with the filing by or on behalf of a board of an administrative complaint, provisional order of discipline, notice of violation, uniform penalty letter, or other charging document against a licensee based on a consumer complaint and concludes upon the filing or execution of the board's final disposition.
"Attorney General's designee" means a senior member of the staff of the Attorney General, the Director of the Division of Consumer Affairs, or a Deputy Director of the Division of Consumer Affairs designated by the Attorney General to approve the tolling of the 120-day period within which a board, the Director or the Attorney General shall render a final disposition of a consumer complaint.
"Board" means any of the boards listed in 45:1-15.
"Consumer" means an individual who seeks or receives services provided by a licensee or a person who is authorized to act on behalf of that individual.
"Consumer complaint" means an accusation made by a consumer against a licensee, supported by all of the information and documentation available to the complainant that the board, Director through the Attorney General or Attorney General deems necessary to resolve the accusation or refer the matter for investigation.
"Director" means the Director of the Division of Consumer Affairs.
"Documented approval" means a writing, including an e-mail or other electronic document, made by the Attorney General or the Attorney General's designee approving the tolling of the 120-day period for the resolution of a consumer complaint.
"Final disposition" of a consumer complaint means an oral or written order, entered after a hearing or other opportunity to be heard or by consent, or other document authorized by the board imposing discipline on a licensee, taking action against a licensee not constituting discipline, or finding that there is no cause for action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45G - DISPOSITION OF CONSUMER COMPLAINTS › Subchapter 1 - DISPOSITION OF CONSUMER COMPLAINTS › Section 13:45G-1.4 - Time period for disposition of consumer complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A board, the Director through the Attorney General, or the Attorney General shall render a final disposition of a consumer complaint within 120 days of the filing of the complaint, except that the 120-day period shall be tolled, based upon the documented approval of the Attorney General or the Attorney General's designee, whenever additional time is required:
1. To obtain information, records or evidence, necessary for the investigation of the consumer complaint, from the licensee or a third party, through an informal request or the exercise of investigative authorities as set forth at 45:1-18;
2. To obtain information, records or evidence, provided by or on behalf of a licensee that, in the licensee's view, materially refutes the findings upon which a settlement is premised or warrants an alternative disposition. Obtaining information, records or evidence includes an evaluation by the board of the material provided by or on behalf of the licensee in response to an offer of settlement, which shall be considered at the next regularly scheduled meeting of the board held on or after the 15th day after receipt of the material;
3. For the board, Director or the Attorney General, as the case may be, to consider additional information furnished by the consumer more than 30 days after the filing of the complaint;
4. To conduct an administrative hearing in a contested case;
5. For expert consultation related to the subject matter under investigation;
6. Because a complaint is, or becomes, the subject of a criminal investigation or prosecution; or
7. For other good cause shown due to extraordinary or unforeseen circumstances.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45G - DISPOSITION OF CONSUMER COMPLAINTS › Subchapter 1 - DISPOSITION OF CONSUMER COMPLAINTS › Section 13:45G-1.5 - Perfecting a consumer complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A consumer who wants to file a consumer complaint against a licensee shall include in or with communications to a board, the Director through the Attorney General or the Attorney General all of the information about the matter available to the consumer, together with supporting documentation.
(b) If a communication from a consumer received by a board, the Director through the Attorney General or the Attorney General is in the nature of an accusation against a licensee, but does not contain, or is not accompanied by, sufficient information necessary to resolve the accusation or refer the matter for investigation, the recipient shall send the consumer, in the same manner as the consumer's communication was sent, an acknowledgment of receipt of the communication, advice that the communication did not contain all of the information necessary to constitute a consumer complaint, and a request for additional information.
(c) When the board, the Director through the Attorney General or the Attorney General receives communications and information, including supplemental information as requested under (b) above, from the consumer constituting a consumer complaint, it shall notify the consumer that the consumer's communications and accompanying information is or has been deemed to be a completed consumer complaint, indicating the date the consumer complaint was received or the date that the consumer complaint was deemed to be complete.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45G - DISPOSITION OF CONSUMER COMPLAINTS › Subchapter 1 - DISPOSITION OF CONSUMER COMPLAINTS › Section 13:45G-1.6 - Report to the Attorney General

Current through Register Vol. 56, No. 14, July 15, 2024
A board and the Director shall each submit to the Attorney General a monthly report required under P.L. 2010, c. 17. The report shall include the number of complaints pending on the first day of the preceding month, the number of complaints for which tolling of the 120 days was approved within the preceding month, the number of complaints brought to final disposition during the preceding month within the 120-day period from filing (regardless of whether tolling had been approved), and the number of complaints brought to final disposition during the preceding month after more than 120 days from filing for which tolling of the 120-day period had been approved.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45H - CONTROLLED DANGEROUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS; REGISTRATION › Section 13:45H-1.1 - Registration fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Manufacturers of controlled dangerous substances shall pay an annual fee of $ 400.00 at the time of application for registration or for renewal of registration.
(b) Distributors and reverse distributors of controlled dangerous substances shall pay an annual fee of $ 200.00 at the time of application for registration or for renewal of registration.
(c) Dispensers of controlled dangerous substances or practitioners registered to conduct research with controlled dangerous substances shall pay an annual fee of $ 40.00 at the time of application for registration or for renewal of registration.
(d) Incorporated humane societies or licensed animal control facilities registered to purchase and administer sodium pentobarbital for the purpose of animal euthanasia shall pay an annual fee of $ 40.00 for registration or renewal of registration as a Dispenser in the category of hospital/clinic.
(e) A separate fee shall be paid for each separate place of business or professional practice for which registration is required.
(f) The following persons shall be exempt from payment of a fee for registration or renewal of registration:
1. Any hospital, clinic, institution, or other facility operated by any department of the State of New Jersey;
2. Any other agency, excluding individual State employees, for which the State of New Jersey would be responsible for payment of the fee, provided that such exemption is approved by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety; and
3. Hospitals and other facilities operated by any department of the United States of America.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45H - CONTROLLED DANGEROUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS; REGISTRATION › Section 13:45H-1.1A - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless, the context clearly indicates otherwise:
"Controlled dangerous substance" or "controlled substance" means a controlled dangerous substance as defined in 24:21-2.
"Days" means calendar days.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Drug Control Unit" means the administrative unit within the Department of Law and Public Safety, Division of Consumer Affairs located at PO Box 45045, Newark, NJ 07101.
"Drug Enforcement Administration" or "DEA" means the United States Department of Justice, Drug Enforcement Administration.
"Executive Officer" means the administrator of the Drug Control Unit who may be contacted at (973) 504-6351.
"Reverse distributor" means a person who receives controlled dangerous substances acquired from another person registered under this chapter for the purpose of:
1. Returning unwanted, unusable, or outdated controlled substances to the manufacturer or the manufacturer's agent; or
2. Where necessary, processing such substances or arranging for processing such substances for disposal.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45H - CONTROLLED DANGEROUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS; REGISTRATION › Section 13:45H-1.4 - Registration application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All applications for registration shall be made on forms provided by the Executive Officer and shall be filed with the Drug Control Unit at PO Box 45045, Newark, NJ 07101.
(b) Applications shall contain all information called for on the forms provided, except where such information is not applicable in which case this fact shall be stated.
(c) The Director may require an applicant to submit documents and statements pertinent to the application or may require the applicant to amend the application to make it more definite and certain.
(d) Each application and each additional document or statement required by the Director shall be signed by the applicant, if an individual; by a general partner of the applicant, if a partnership; or by an officer of the applicant, if a corporation or other entity.
(e) Any application may be amended or withdrawn by the applicant as a matter of right prior to the date of service of any order to show cause pursuant to 24:21-12. An application may be amended or withdrawn by the applicant after the date of service of such an order to show cause only upon written consent of the Director.
(f) A duplicate copy of each application and of each additional document or statement required pursuant to (c) above shall be kept by the applicant at the location to be registered.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45H - CONTROLLED DANGEROUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS; REGISTRATION › Section 13:45H-1.5 - Action upon application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After an application for registration has been filed, the Drug Control Unit shall make such inspection of the place of business or professional practice described in the application and such investigation of the applicant as may be necessary to determine that the applicant meets the requirements of the applicable statutes and regulations.
(b) (Reserved)
(c) Any application for renewal of a registration issued pursuant to the New Jersey Controlled Dangerous Substances Act and this chapter may in the discretion of the Director be granted and a renewal of registration issued prior to the making of an inspection or investigation by the Director or his or her authorized agent or representative.
(d) The issuance of a registration pursuant to (c) above shall not be deemed to vest any right to continue the registration or to obtain a renewal thereof, if upon subsequent inspection or investigation, the Director determines that the registrant does not meet the requirements of the applicable statutes or rules.
(e) The registration certificate issued pursuant to this chapter shall be displayed conspicuously in the registered location.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45H - CONTROLLED DANGEROUS SUBSTANCES › Subchapter 1 - GENERAL PROVISIONS; REGISTRATION › Section 13:45H-1.6 - Assignment or transfer of registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No registration nor any right granted thereunder shall be assigned or otherwise transferred to any person not named as the registrant therein nor to any place of business or professional practice not stated therein, except as provided by statute or regulations.
(b) A registrant who changes his place of business or professional practice from the location which is stated in the registration to a new location within the State of New Jersey, without any change in the ownership of the business or professional practice, may obtain an endorsement validating his registration for the remainder of the registration period at the new location by notifying the Director in writing, which notice shall set forth the name and registration number of the registrant, the address of the registered location, the address of the new location, and the effective date of the change of location.
(c) A registration shall terminate and become void if and when the registrant dies, ceases legal existence, or discontinues business or professional practice in the State of New Jersey. A registrant who ceases legal existence or discontinues business or professional practice shall notify the Director in writing and surrender his current registration. In the event that the business or professional practice will be continued or resumed after a change in ownership a new application for registration shall be made pursuant to 13:45H-1.1 and 1.2 of this Chapter.
(d) For purposes of this section it shall be deemed to be a change of ownership of a business or professional practice in the case of a partnership, and in the case of a corporation if there is a change in the president or chief executive officer of the corporation, or in the ownership of ten per cent or more of the outstanding shares in the corporation.