reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 1 - PURPOSE AND SCOPE; DEFINITIONS › Section 13:44M-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules contained in this chapter provide for the licensing and regulation of elevator mechanics, implementing the provisions of the Elevator, Escalator, and Moving Walkway License Law, P.L. 2012, c. 71 (N.J.S.A. 45:14H-1et seq.).
(b) This chapter does not apply to any person who installs, constructs, alters, services, repairs, tests, or maintains a stairway chair lift in a dwelling unit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 1 - PURPOSE AND SCOPE; DEFINITIONS › Section 13:44M-1.2 - 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:
"ASME" means the American Society of Mechanical Engineers.
"Board" means the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board.
"CET" means the Certified Elevator Technician certification offered by the NAEC.
"Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons living as a single housekeeping unit, including permanent provisions for living, sleeping, eating, cooking, and sanitation. "Dwelling unit" also includes outside access dedicated solely to that unit.
"Elevator, escalator, or moving walkway" means a hoisting and lowering device equipped with a car or platform that moves in guides for the transportation of individuals or freight in a substantially vertical direction through successive floors or levels of a building or structure; or a power driven, inclined, continuous stairway used for raising or lowering passengers; or a type of passenger carrying device on which passengers stand or walk, and in which the passenger carrying surface remains parallel to its direction of motion and is uninterrupted. This includes elevators, escalators, moving walks, dumbwaiters, wheelchair lifts, manlifts, stairway chairlifts that are not within a dwelling unit and any device within the scope of ASME A17.1 (Safety Code for Elevators and Escalators), ASME A18.1 (Safety Standard for Platform Lifts and Stairway Chairlifts), or ASME A90.1 (Safety Standards for Belt Manlifts), published by the ASME, 2004 Edition, ASME, PO Box 2900, 22 Law Drive, Fairfield, NJ 07007-2900, which are incorporated herein by reference, as amended and supplemented. "Elevator, escalator, or moving walkway" does not include any conveying devices, process equipment, and mine elevators. Conveying devices include personnel hoists, material hoists, conveyors, and any other device outside of the scope of ASME A17.1, A18.1, or A90.1.
"Licensed elevator mechanic" means an individual who holds a current, valid license issued by the Board.
"NAEC" means the National Association of Elevator Contractors.
"NEIEP" means the National Elevator Industry Educational Program.
"Stairway chairlift" means a lifting device that has a foot rest and seat, which is attached to stairs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 2 - LICENSURE › Section 13:44M-2.1 - Application for license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for an elevator mechanic license shall submit to the Board:
1. A completed application, on a form provided by the Board, including a full street name and number;
2. Proof that the applicant is at least 21 years of age;
3. Proof that the applicant has met the experience requirements of (b) below;
4. Proof that the applicant has passed either the NAEC CET certification examination or the NEIEP examination; and
5. The application fee as set forth in N.J.A.C. 13:44M-6.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 2 - LICENSURE › Section 13:44M-2.2 - Licensure by reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a completed application and application fee, the Board shall issue a license to any person who documents that he or she holds a valid, current elevator mechanic license in good standing issued by another state, if:
1. The Board determines that the state that issued the license has or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to those in New Jersey;
2. The applicant has been practicing as a licensed elevator mechanic for a period of at least six months within the five years immediately prior to the date of application; and
3. The requirements of (b) below are satisfied.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 2 - LICENSURE › Section 13:44M-2.3 - Licensure without examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to May 21, 2019, a person may apply for a license as an elevator mechanic without satisfying the examination requirements of N.J.A.C. 13:44M-2.1(a)if that person has either:
1. Completed three years of work experience in the elevator, escalator, and moving walkway industry and has passed the NAEC CET certification examination or the NEIEP examination; or
2. Completed at least 6,000 hours of work experience within the last five years in New Jersey without direct and immediate supervision installing, constructing, altering, servicing, repairing, testing, or maintaining elevators, escalators, and moving walkways.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 2 - LICENSURE › Section 13:44M-2.4 - Bond; issuance of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once the Board has determined that an applicant is qualified for a license, the Board shall inform the applicant that he or she must submit to the Board:
1. A surety bond in the sum of $ 10,000 in favor of the State of New Jersey as required pursuant to N.J.S.A. 45:14H-12; and
2. The license fee as set forth in NJ.A.C. 13:44M-6.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 2 - LICENSURE › Section 13:44M-2.5 - Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant who has served in the Armed Forces of the United States and who does not meet all of the training, education, and experience requirements for licensure under NJ.A.C. 13:44M-2.1 or 2.3 may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.
(b) The Board shall issue a license to the applicant if the applicant presents evidence to the Board that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, education, and experience the applicant received in the military, together with any training, education, and experience obtained outside of the military, is substantially equivalent in scope and character to the training, education, and experience required for licensure under N.J.A.C. 13:44M-2.1 or 2.3.
i. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586.
ii. An applicant seeking credit for education courses and training completed while in the military shall submit to the Board a Joint Services Transcript of his or her training, education, and experience for a determination that the education courses and/or training completed are substantially equivalent in scope and character to the program required for licensure under N.J.A.C. 13:44M-2.1 or 2.3. For the purpose of determining substantial equivalence of the applicant's military education or training, the Board shall consider only those education or training courses relevant to practicing as an elevator mechanic that have been evaluated by the American Council on Education for substantial equivalence to civilian elevator mechanic education; and
3. The applicant complies with all other requirements for licensure, including successful completion of a licensing examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 3 - RENEWAL OF LICENSURE › Section 13:44M-3.1 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall send a notice of renewal to each licensed elevator mechanic, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensed elevator mechanic of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew, provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.
(b) A licensed elevator mechanic shall renew his or her license for a period of two years from the last expiration date. The licensed elevator mechanic shall submit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:44M-6.1, prior to the date of license expiration.
(c) A licensed elevator mechanic may renew his or her license by choosing inactive status. A licensed elevator mechanic electing to renew as inactive shall not practice as an elevator mechanic, or hold himself or herself out as eligible to practice as an elevator mechanic, in New Jersey, until such time as the license is returned to active status.
(d) If a licensed elevator mechanic does not renew the license prior to its expiration date, the licensed elevator mechanic may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:44M-6.1. During this 30-day period, the license shall be valid and the licensed elevator mechanic shall not be deemed practicing without a license.
(e) A licensed elevator mechanic who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.
(f) A licensed elevator mechanic who continues to practice as an elevator mechanic with a suspended license shall be deemed to be engaging in unlicensed practice and shall be subject to action consistent with N.J.S.A. 45:1-14et seq., even if no notice of suspension has been provided to the individual.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 3 - RENEWAL OF LICENSURE › Section 13:44M-3.2 - License reactivation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed elevator mechanic who holds an inactive license pursuant to N.J.A.C. 13:44M-3.1(c)may apply to the Board for reactivation of an inactive license. A licensed elevator mechanic seeking reactivation of an inactive license shall submit:
1. A renewal application;
2. A certification of employment listing each job held during the period of inactive license, which includes the names, addresses, and telephone numbers of each employer;
3. The renewal fee for the biennial period for which reactivation is sought as set forth in N.J.A.C. 13:44M-6.1; and
4. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth in N.J.A.C. 13:44M-4.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 3 - RENEWAL OF LICENSURE › Section 13:44M-3.3 - License reinstatement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed elevator mechanic who has had his or her license suspended pursuant to N.J.A.C. 13:44M-3.1(e)may apply to the Board for reinstatement. A licensed elevator mechanic applying for reinstatement shall submit:
1. A reinstatement application;
2. A certification of employment listing each job held during the period of suspended license, which includes the names, addresses, and telephone numbers of each employer;
3. The renewal fee set forth in N.J.A.C. 13:44M-6.1for the biennial period for which reinstatement is sought;
4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;
5. The reinstatement fee set forth in N.J.A.C. 13:44M-6.1; and
6. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth in N.J.A.C. 13:44M-4.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:44M-4.1 - Continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon biennial license renewal, licensed elevator mechanics shall attest that they have completed courses of continuing education of the types and number of credit hours specified in N.J.A.C. 13:44M-4.2. Falsification of any information submitted on the renewal application may require an appearance before the Board and may subject a licensed elevator mechanic to penalties and/or suspension or revocation of the license pursuant to N.J.S.A. 45:1-21 through 25.
(b) Each applicant for biennial license renewal shall be required to complete during the second year of the preceding biennial period, eight credit hours of continuing education related to the installation, construction, alteration, maintenance, service, repair, or testing of elevators, escalators, and moving walkways.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:44M-4.2 - Continuing education programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed elevator mechanic may obtain continuing education credit hours from the following:
1. Successful completion of continuing education courses or programs related to the installation, construction, alteration, maintenance, service, repair, or testing of elevators, escalators, and moving walkways, one credit hour for each hour of instruction. Courses and programs shall be approved by, or offered by providers approved by:
i. NEIEP; or
ii. NAEC.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:44M-4.3 - Continuing education audits; records of continuing education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall perform audits on randomly selected licensed elevator mechanics to determine compliance with continuing education requirements.
(b) A licensed elevator mechanic shall maintain the following documentation for a period of four years after completion of the credit hours and shall submit such documentation to the Board upon request:
1. For attendance at programs or courses: a certificate of completion from the sponsor;
2. For publication of textbook chapter: the published textbook, including the date of publication; and
3. For developing curriculum or teaching a course or program: documentation, including a copy of the curriculum, location, date, and time of course, duration of course by hour, and letter from sponsor confirming that the licensed elevator mechanic developed or taught the course or program.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:44M-4.4 - Waiver of continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may waive the continuing education requirements of this subchapter on an individual basis for reasons of hardship, such as severe illness, disability, or military service.
1. A licensed elevator mechanic seeking a waiver of the continuing education requirements shall apply to the Board in writing at least 90 days prior to license renewal and set forth in specific detail the reasons for requesting the waiver. The licensed elevator mechanic shall provide the Board with supplemental materials that support the request for waiver.
2. A waiver of continuing education requirements granted pursuant to this section shall be effective only for the biennial period in which such waiver is granted. If the condition(s) which necessitated the waiver continue(s) into the next biennial period, a licensed elevator mechanic shall apply to the Board for the renewal of such waiver for the new biennial period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 4 - CONTINUING EDUCATION › Section 13:44M-4.5 - Additional continuing education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may direct or order a licensed elevator mechanic to complete continuing education credit hours:
1. As part of a disciplinary or remedial measure in addition to the required eight hours of continuing education; or
2. To correct a deficiency in the licensed elevator mechanic's continuing education requirements.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44M-5.1 - Scope of practice; prohibitions on unlicensed persons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of practice of a licensed elevator mechanic includes the installation, construction, alteration, servicing, repair, testing, and maintenance of elevators, escalators, and moving walkway devices.
(b) Unless actively licensed pursuant to the provisions of this chapter, no person shall use the titles "licensed elevator mechanic," "licensed escalator mechanic," or "licensed moving walkway mechanic."
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44M-5.2 - Supervision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, the following words and terms shall have the following meaning:
"Commercial property" means any property that is not included in the definition of "residential property."
"Residential property" means dwellings categorized as in Group R-3, R-4, or R-5 pursuant to N.J.A.C. 5:23-3.14 or a single dwelling unit, which is the only unit served by an elevator, escalator, or moving walkway.
(b) A licensed elevator mechanic who is supervising an unlicensed person performing the installation, construction, or alteration of elevators, escalators, or moving walkways on a commercial property shall supervise the person as follows:
1. If the unlicensed person is working on a platform lift, as defined in ASME A18.1 (Safety Standard for Platform Lifts and Stairway Chairlifts), the licensed elevator mechanic shall maintain daily contact with the unlicensed person, which may be through electronic means, and the licensed elevator mechanic shall be present when the platform lift is inspected. A licensed elevator mechanic shall supervise no more than six unlicensed individuals who are working on such a lift;
2. If the unlicensed person is working on a device that is limited to three stories or less, the licensed elevator mechanic shall be physically present on the site where the device is being installed, constructed, or altered at least once a week. A licensed elevator mechanic shall supervise no more than four individuals who are working on such a device; and
3. If the unlicensed person is working on any device not included in (b)1 or 2 above, the licensed elevator mechanic shall be on site while any unlicensed individual is working on such a device. A licensed elevator mechanic shall supervise no more than four individuals working on such a device.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44M-5.3 - Actions on the surety bond

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, partnership, or corporation including any political subdivision of State government who has been injured, aggrieved, or damaged through the failure of a licensed elevator mechanic to perform the duties required by N.J.S.A. 45:14H-1et seq., or this chapter, shall be eligible to receive the financial protection of, and may maintain an action on, the surety bond.
(b) Any restitution to a person, partnership, corporation, or any political subdivision of State government ordered by the Board shall be eligible for the financial protection of the surety bond.
(c) If a bond is used to respond to a claim pursuant to (a) or (b) above, a licensed elevator mechanic shall replenish the bond, so that its sum is $ 10,000 as required by N.J.A.C. 13:44M-2.4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44M-5.4 - Change of address; service of process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensed elevator mechanic shall notify the Board in writing of his or her address of record. Every licensed elevator mechanic shall notify the Board in writing of any change in his or her address of record within 10 days after such change.
(b) Service of an administrative complaint or other process initiated by the Board, the Attorney General, or the Division of Consumer Affairs at the licensed elevator mechanic's address of record shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding against the licensed elevator mechanic.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44M-5.5 - Reporting conditions not in compliance with Elevator Safety Subcode

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a licensed elevator mechanic becomes aware of a condition that is not in compliance with N.J.A.C. 5:23-12, the Elevator Safety Subcode of the State Uniform Construction Code, regarding elevators, which he or she was not able to fix, he or she shall notify the owner or lessee of the elevator, or a representative of the owner or lessee, in writing.
(b) If a licensed elevator mechanic is unable to notify the owner or lessee of an elevator, or a representative of the owner or lessee, as required under (a) above, the licensed elevator mechanic shall notify the Board, in writing, of the condition and the fact that he or she was unable to notify the owner or lessee of the elevator, or a representative of the owner or lessee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 5 - PRACTICE REQUIREMENTS › Section 13:44M-5.6 - Identification of licensed elevator mechanic to consumer

Current through Register Vol. 56, No. 14, July 15, 2024
Upon completion of any work performed by a licensed elevator mechanic, or at any point prior to the completion of such work, the licensed elevator mechanic shall provide the consumer paying for such work, or his or her designee, with the licensed elevator mechanic's name and license number in writing. Such information may be provided to the consumer as part of an invoice presented to the consumer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44M - ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD RULES › Subchapter 6 - FEES › Section 13:44M-6.1 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fees shall be charged by the Board:
1. Application fee without prior registration (non-refundable)...
$ 100.00
2. Initial license fee:
i. If paid during the first year of a biennial renewal period...
$ 260.00
ii. If paid during the second year of a biennial renewal period..
$ 130.00
3. License renewal fee, biennial .............................
$ 260.00
4. Late renewal fee ..........................................
$ 50.00
5. Reinstatement fee .........................................
$ 150.00
6. Duplicate license fee .....................................
$ 25.00
7. Verification of licensure .................................
$ 25.00
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 13:45-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The following rules shall govern the commencement, pleadings and final decision in all contested cases before the Division.
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 13:45-1.3 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be liberally construed to permit the Division to discharge its statutory functions.
(b) Except as stated in (c) below, the Director may, upon notice to all parties, relax or disregard the application of these rules if the Director determines that adherence would result in unfairness or injustice. The Director shall make such determinations and state the reasons for doing so on the record.
(c) The burden of proof shall not be relaxed. Statutory procedural requirements shall not be relaxed or disregarded except when permitted by the controlling Federal or State statutes.
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 13:45-1.4 - Practice where rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director may rescind, amend or expand these rules from time to time, provided the same is effected in accordance with the provisions of the New Jersey Administrative Procedure Act, 52:14B-1 et seq.
(b) In any matter not expressly controlled by these rules or by statute, the Director shall exercise discretion.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 2 - JURISDICTION › Section 13:45-2.1 - Subject matter jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The jurisdiction of the Division shall extend to all sales or advertisements for the sale of merchandise or real estate, pursuant to the Act and to contested matters where the Director is authorized to proceed with administrative charges for violations of 34:8-43 et seq., 45:17A-18 et seq. or 45:14D-1 et seq.
(b) Nothing in this chapter shall be construed to preclude the Attorney General from pursuing violations of law in any other forum.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 2 - JURISDICTION › Section 13:45-2.2 - Procedure where Division is without jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever it shall appear that the Division is without jurisdiction as defined in 13:45-2.1, the party making the consumer complaint shall be so advised, and where possible, the consumer complaint shall be referred to the appropriate local, State or Federal agency for further action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 3 - COMMENCEMENT OF FORMAL ADMINISTRATIVE PROCEEDINGS; PLEADINGS; SERVICE OF PLEADINGS; INITIATION OF ADMINISTRATIVE CHARGES › Section 13:45-3.1 - Notice of hearing and complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever it shall appear to the Attorney General that a violation of law under one of the statutory schemes covered by 13:45-2.1 has occurred, is occurring or may occur and that the matter warrants a formal administrative hearing to effectuate the policies underlying the applicable statute, the Attorney General may cause to be issued a notice of hearing and complaint seeking any relief authorized by the applicable statute.
(b) The complaint shall be answered within 35 days from the date of service thereof.
(c) The complaint shall be directed to the respondent and shall be served in accordance with these rules.
(d) The notice of hearing shall contain:
1. A statement that the respondent shall file an answer to the allegations in the complaint within 35 days of service of the complaint;
2. A statement that the answer shall admit or deny each allegation in the numbered paragraphs of the complaint;
3. A statement of the legal authority and jurisdiction under which the hearing is to be held;
4. A statement that the respondent may present evidence in defense to the charges contained in the complaint, either through an attorney or personally;
5. A statement that should the respondent fail to file an answer or appear at the hearing, a default will be entered and the complainant will proceed with proofs in support of the relief demanded; and
6. A statement that adjournments will be granted where the party requesting the adjournment has conformed to the regulations set forth in 1:1-9.6. If the application for adjournment is untimely, the Director may order any sanctions provided in 1:1-14.14.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 3 - COMMENCEMENT OF FORMAL ADMINISTRATIVE PROCEEDINGS; PLEADINGS; SERVICE OF PLEADINGS; INITIATION OF ADMINISTRATIVE CHARGES › Section 13:45-3.2 - Service of notice of hearing and complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Service of a notice of hearing and complaint shall be made as follows:
1. Where the respondent is an individual, by personally delivering a copy of the notice of hearing and complaint, or by leaving copies thereof at the respondent's dwelling house or usual place of abode with a competent household member of the age of 14 years or over then residing therein, or by delivering copies thereof to a person authorized by appointment or by law to receive service of process on the respondent's behalf. Where such service cannot be obtained, substituted service therefor may be made in the following manner:
i. Personal service thereof without this State; or
ii. The mailing thereof by certified mail, return receipt requested, in the last known place of business, residence or abode within or without this State of such person for whom the same is intended;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 3 - COMMENCEMENT OF FORMAL ADMINISTRATIVE PROCEEDINGS; PLEADINGS; SERVICE OF PLEADINGS; INITIATION OF ADMINISTRATIVE CHARGES › Section 13:45-3.3 - Answer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A respondent shall file an answer to the complaint with the Director within 35 days of service of the complaint, with a copy to the complainant.
(b) In the answer, the respondent shall admit or deny each allegation of the numbered paragraphs of the complaint.
(c) The respondent may assert any factual or legal defenses to the allegations made in the complaint.
(d) Filing of an answer shall be made by forwarding an original and two copies to the Director, with a copy to the complainant. Evidence of filing of the answer shall be a notation showing the date, time and place of filing.
(e) If the respondent submits a self-addressed, stamped envelope, the Division will return a copy of the answer to the respondent marked with the date of filing.
(f) The Director, upon receiving an answer for filing that does not conform to the requirements of these rules, may return the answer with instructions for refiling.
(g) The failure to file an answer shall be deemed a default, if service has been effectuated.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 3 - COMMENCEMENT OF FORMAL ADMINISTRATIVE PROCEEDINGS; PLEADINGS; SERVICE OF PLEADINGS; INITIATION OF ADMINISTRATIVE CHARGES › Section 13:45-3.4 - Amendment to pleadings

Current through Register Vol. 56, No. 14, July 15, 2024
A complaint may be amended as a matter of course at any time before an answer is filed with the Director. After the answer has been filed, any amendments to the pleadings shall be governed by 1:1-6.2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 3 - COMMENCEMENT OF FORMAL ADMINISTRATIVE PROCEEDINGS; PLEADINGS; SERVICE OF PLEADINGS; INITIATION OF ADMINISTRATIVE CHARGES › Section 13:45-3.5 - Administrative charges

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this subchapter shall preclude the Attorney General from initiating administrative charges through, but not limited to, a notice of violation, provisional order of discipline or uniform penalty letter. The respondent shall answer the administrative charges as directed by the pleadings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 4 - CONDUCT OF HEARINGS › Section 13:45-4.1 - Hearing to conform to law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After an agency proceeding has commenced, the Director shall promptly determine whether the matter is a contested case.
(b) If a party petitions the Director to determine whether a matter is contested, the Director shall make that determination within 30 days from receipt of the petition and inform all parties of his or her determination.
(c) The Director shall determine whether to retain jurisdiction of the contested case or refer the contested case to the Office of Administrative Law (OAL). The Director shall be the final decision maker in any contested case sent to the OAL.
(d) The conduct of all hearings shall conform to the requirements of the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
Amended by R.2007 d.32, effective February 5, 2007.
See: 38 N.J.R. 4400(a), 39 N.J.R. 495(b).
Added (a) through (c); inserted designation (d); and in (d), inserted ", and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1".
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 4 - CONDUCT OF HEARINGS › Section 13:45-4.2 - Director's powers when hearing contested case

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All hearings under these rules shall be conducted before the Director. When the hearing is conducted before the Director, the Director may exercise the powers and responsibilities of an administrative law judge, pursuant to N.J.A.C. 1:1.
(b) The Director may require the submission of proposed findings of fact and conclusions of law, written memoranda of law or briefs.
(c) The Director may dismiss any complaint or part thereof or any other administrative charges in any pending matter at any time as may be appropriate for good cause shown.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 4 - CONDUCT OF HEARINGS › Section 13:45-4.3 - Time and place of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hearings shall be held at a time and place designated by the Director, having due regard for the convenience of the parties and witnesses.
(b) The procedures for adjournments set forth under 1:1-9.6 shall govern all applications for adjournments in the Division. All applications for adjournments shall be made to the Director. The Director may order sanctions as set forth in 1:1-9.6(j).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 4 - CONDUCT OF HEARINGS › Section 13:45-4.4 - Appearance of attorneys

Current through Register Vol. 56, No. 14, July 15, 2024
Except as permitted by 1:1-5.4 and 1:1-5.6, a corporation shall not appear or file any paper in proceedings before the Director except through an attorney authorized to practice in this State.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 5 - ISSUANCE OF FINAL DECISION › Section 13:45-5.1 - Director's decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall, not later than 45 days following the final day of hearing, receipt of the transcript or any required submissions, whichever is latest, issue a final decision and order.
(b) The Director's final decision and order shall include findings of fact and conclusions of law, separately stated.
(c) The Director's final decision and order shall include such remedies or conditions as may be authorized by law, including, but not limited to, the entry of a cease and desist order, the assessment of civil penalties, restitution, costs, including investigative costs, and attorneys' fees.
(d) The Director's final decision and order shall be in writing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 5 - ISSUANCE OF FINAL DECISION › Section 13:45-5.2 - Assessment of civil penalties, restitution and costs and other remedies under the law; second offenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a finding of a violation of any provision of law or any regulation promulgated thereunder, after a hearing, the Director may, order remedies consistent with the applicable statute, which may include registration suspension or revocation, the assessment of a civil penalty in an amount consistent with the statute, based on the findings, a cease and desist directive or other remedial measures and a release from a bond to satisfy obligation, if one is required, restitution to consumers, costs and attorneys' fees.
(b) Whether a finding of an unlawful practice or practices in a second or subsequent transaction shall be deemed to be a second or subsequent offense in the same matter shall be controlled by the applicable statute. For the purpose of illustrating this provision, if a respondent in any administrative proceeding alleging violations of the Act or 45:17A-18 et seq. is found to have used or employed an unlawful practice in two separate transactions, the respondent shall be liable for a penalty of not more than $ 10,000 for the first transaction and not more than $ 20,000 for the second transaction. Under 45:14D-16, a second offense occurs in a proceeding only after entry of a prior order.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 5 - ISSUANCE OF FINAL DECISION › Section 13:45-5.3 - Service of Director's decision

Current through Register Vol. 56, No. 14, July 15, 2024
A final decision and order issued by the Director shall be served in conformance with 1:1-7.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 5 - ISSUANCE OF FINAL DECISION › Section 13:45-5.4 - Payment of award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any matter wherein payment of civil penalties, restitution and costs is ordered, payment thereof shall be made not later than 10 days following service of the Director's final decision and order or as directed by the terms of the order.
(b) Payment of assessed penalties and costs shall be by certified check or money order made payable to the New Jersey Division of Consumer Affairs by forwarding the same to the Division. Payment of restitution shall be by certified check or money order made payable to the appropriate consumer and forwarded to the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 5 - ISSUANCE OF FINAL DECISION › Section 13:45-5.5 - Effect of final order

Current through Register Vol. 56, No. 14, July 15, 2024
The final order shall be effective on the date of filing with the Division. Any appeal of the final order shall be made to the Appellate Division within 45 days from the date of service of the final order and decision, in accordance with the New Jersey Court Rules.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45 - ADMINISTRATIVE HEARINGS IN THE DIVISION OF CONSUMER AFFAIRS › Subchapter 5 - ISSUANCE OF FINAL DECISION › Section 13:45-5.6 - Validity of rules if any portion declared invalid

Current through Register Vol. 56, No. 14, July 15, 2024
If any rule, sentence, paragraph or section of these rules, or the application thereof to any persons or circumstances, shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any rule shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of these rules.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 1 - DECEPTIVE MAIL ORDER PRACTICES › Section 13:45A-1.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Without limiting any other practices which may be unlawful under the Consumer Fraud Act, 56:8-1 et seq., this rule makes unlawful thereunder some specific practices in the mail order or catalog business.
(b) It is an unlawful practice in connection with the advertisement or sale of merchandise for a person conducting a mail order or catalog business to accept money through the mail or any electronic transfer medium, for merchandise ordered by mail, telephone, facsimile transmission or electronic mail and then permit six weeks to elapse without either:
1. Delivering or mailing the merchandise order; or
2. Making a full refund; or
3. Sending the consumer a letter or notice advising the consumer of the duration of an expected delay or the substitution of merchandise of equivalent or superior quality, and offering to send a refund within one week if so requested. If a proposal to substitute merchandise is made, it shall describe, in specific detail, how the substituted merchandise differs from the merchandise ordered; or
4. Sending the consumer substituted merchandise of equivalent or superior quality, together with:
i. A written notice offering, without reservation, to accept the return of the merchandise at the seller's expense within 14 days of receipt of the merchandise and, upon request, the consumer's choice of either, a refund of cash paid, including the amount of postage to return the item, or a credit; and
ii. A postage-paid letter or card on which the consumer may indicate whether he wishes the purchase price to be refunded or credited to his account within 14 days of receipt of the letter or card by the seller. The consumer's request entered on such a letter or card must be honored by the seller; and
iii. The written notice and postage-paid letter or card, as stated in (b)4i and ii above, need not be sent with the merchandise, if in lieu thereof, a statement that the seller will accept the return of the merchandise for a period of at least 14 days without reservation is printed in the catalog itself.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 3 - SALE OF MEAT AT RETAIL › Section 13:45A-3.2 - Labeling and advertising requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise exempted in this rule, no person shall produce, prepare, package, advertise, sell or offer for sale at retail any meat unless it is clearly and conspicuously labeled or advertised, as the case may be, as to its true name.
(b) This Section shall not require the labeling of meat cut to the order of the retail customer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 3 - SALE OF MEAT AT RETAIL › Section 13:45A-3.3 - Exemption for certain meats

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of 13:45A-3.2(a)  shall not apply to bacon, filet mignon, ground beef, ground veal, ground lamb, ground pork, hamburger, porterhouse steak, sirloin steak, stew beef, T-bone steak, beef tenderloin, pork tenderloin or veal cutlet provided, in the case of any one of these meats, it is clearly and conspicuously labeled or advertised as to its name set forth in this Section.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 3 - SALE OF MEAT AT RETAIL › Section 13:45A-3.4 - Exemptions for meat inspected under United States Department of Agriculture

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this rule shall not apply to meat which is produced, prepared or packaged for sale at retail within the State of New Jersey under meat inspection of the United States Department of Agriculture until after such meat leaves the premises of a United States Department of Agriculture official establishment for distribution.
(b) The provisions of this rule shall not apply to meat which is produced, prepared or packaged under meat inspection of the United States Department of Agriculture for sale at retail outside the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 3 - SALE OF MEAT AT RETAIL › Section 13:45A-3.5 - Name in addition to the species and primal cut

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A name in addition to the species and primal cut of a meat as set forth in Section 1 of this Subchapter may be used in labeling such meat provided that the requirements of this rule are complied with and that any such additional name or labeling appears contiguous to the species and primal cut name in letters of the same size and style, for example:
SANDWICH STEAK
BEEF TOP ROUND
(b) Such name shall not be false, misleading, deceptive or confusing in any way.