New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 1 - GENERAL PROVISIONS › Section 13:45-1.1 - 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.
"Act" means the New Jersey Consumer Fraud Act, 56:8-1 et seq. as amended and/or supplemented, or any regulation adopted thereunder.
"Administrative charges" means a formal complaint or such other pleading, including, but not limited to, a notice of violation, provisional orders of discipline or uniform penalty letters.
"Advertisement" means the attempt directly or indirectly by publication, dissemination, solicitation, endorsement or circulation or in any other way to induce directly or indirectly any person to enter or not enter into any obligation or acquire any title or interest in any merchandise or to increase the consumption thereof or to make any loan.
"Attorney for the Division" means an attorney appointed or assigned by the Attorney General of New Jersey to represent and render legal services to the Division.
"Complainant" means the party who requests action or relief by filing a complaint.
"Consumer complaint" means the letter, e-mail, telephone call or other means by which a consumer reports to the Division a violation of the Act or other statutory schemes covered by these rules.
"Contested case" means an adversary proceeding, including any licensing proceeding, in which the legal rights, duties, obligations, privileges, benefits or other legal relations of specific parties are required by constitutional right or by statute to be determined by an agency by decisions, determinations, or orders, addressed to them or disposing of their interests, after opportunity for an agency hearing. The required hearing must be designed to result in an adjudication concerning the rights, duties, obligations, privileges, benefits or other legal relations of specific parties over which there exist disputed questions of fact, law or disposition relating to the past, current or proposed activities or interests. Contested cases are not informational nor intended to provide a forum for the expression of public sentiment on a proposed agency action or broad policy issues affecting entire industries or large, undefined classes of people.
"Director" means the Director of the Division.
"Division" means the Division of Consumer Affairs, Department of Law and Public Safety.
"Final decision" means a decision by the Director after a hearing conducted in accordance with the rules under the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
"Formal complaint" means administrative charges pursued in a pleading asserting an allegation of a violation requiring a form answer.
"Merchandise" means any objects, wares, goods, commodities, services or anything offered, directly or indirectly, to the public for sale.
"Person" means any natural person or his or her legal representative, partnership, corporation, company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestuis que trustent thereof.
"Respondent" means the party who answers or responds to a request for relief or action.
"Sale" means any sale, rental or distribution, offer for sale, rental or distribution or attempt directly or indirectly to sell, rent or distribute.