reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 3 - GENERAL REQUIREMENTS › Section 13:48-3.3 - Organizations exempt from registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The registration requirements of these rules shall not apply to:
1. Any religious corporation, trust, foundation, association or organization incorporated under the provisions of Title 15 or 16 of the Revised Statutes or Title 15A of the New Jersey Statutes or established for religious purposes;
2. Any agency or organization incorporated or established for charitable purposes and engaged in effectuating one or more charitable purposes, which is affiliated with, operated by or supervised or controlled by a corporation, trust, foundation, association, or organization incorporated or established for religious purposes, or any other religious agency or organization;
3. Any educational institution, the curricula of which in whole or in part are registered or approved by the Department of Education or the New Jersey Commission on Higher Education, either directly or by acceptance of accreditation by an accrediting body recognized by these agencies;
4. An educational institution confining its solicitation to its student body, alumni, faculty and trustees, and their families;
5. A library registered by the Department of Education, provided that the annual financial report of that library shall be filed with the Department of Education, where it shall be open for public inspection;
6. A local unit registered by a parent organization in accordance with N.J.A.C. 13:48-6; or
7. A charitable organization engaged in charitable fund raising that did not receive gross contributions in excess of $ 10,000 during its most recent fiscal year, if all of its functions, including fund raising activities, are carried on by persons who are not compensated for soliciting contributions. But a charitable organization not otherwise required to register under this paragraph that receives gross contributions in excess of $ 10,000 during a fiscal year whether or not the money is actually received during that fiscal year shall register with the Attorney General as required by 13:48-3.1 within 30 days after the date on which gross contributions exceed $ 10,000. A charitable organization that is exempt from the requirement to register pursuant to this paragraph may nevertheless elect to register by filing a short form registration statement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 3 - GENERAL REQUIREMENTS › Section 13:48-3.4 - Extensions of time for annual filing of the renewal statement and financial report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The annual filing of the renewal statement and financial report shall be due no later than six months after the close of an organization's fiscal year unless the organization has been granted an extension of time as set forth below.
(b) For good cause shown, the Attorney General, in his or her discretion, may extend the time for the annual filing of the renewal statement and financial report for a period not to exceed 180 days, during which time the previous registration shall remain in effect.
(c) For purposes of this section the petitioner shall set out in full the facts which constitute "good cause" and shall append thereto any documents supporting the request for an extension.
(d) The written request for an extension shall be accompanied by the full payment of the fee due for the annual filing, and shall be sent to the Attorney General at the address set forth in 13:48-1.4. The request must be received by the Attorney General before the filing deadline.
(e) The request shall be signed by an officer of the charitable organization who shall certify that the organization has filed the previous year's report; that the charitable organization has paid all fees and penalties due and owing to the Division, if any; and that the request for an extension contains complete and accurate information.
(f) Subsections (b) and (c) notwithstanding, the Attorney General shall deny an application for an extension if:
1. The charitable organization has not filed the previous year's report;
2. The charitable organization has not paid all fees and any penalties owing to the Division of Consumer Affairs; or
3. The extension request does not contain full and accurate information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 3 - GENERAL REQUIREMENTS › Section 13:48-3.5 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
Forms for filing information required by the Act are available upon request from the Division at the address set forth in 13:48-1.4 or on the Division's website at
http://www.njconsumeraffairs.gov/ocp/charities.htm
.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 3 - GENERAL REQUIREMENTS › Section 13:48-3.6 - Notification of change of address; service of process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registrant shall notify the Attorney General in writing of any change of address currently filed with the Attorney General. Such notice shall be mailed to the Attorney General at the address set forth in 13:48-1.4 by certified mail, return receipt requested, not later than 10 days following the change of address.
(b) Failure to notify the Attorney General of any change of address pursuant to (a) above shall be a violation of the Act and these rules.
(c) Service of an administrative complaint or other process at the registrant's address currently on file with the Attorney General shall be deemed adequate notice for the commencement of any enforcement action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 4 - REGISTRATION OF CHARITABLE ORGANIZATIONS-SHORT FORM REGISTRATION › Section 13:48-4.1 - Short form registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to operating or commencing solicitation activities in this State, the following charitable organizations, except those exempt from registration pursuant to 13:48-3.3, or those required to file a long form registration pursuant to N.J.A.C. 13:48-5, shall file a short form registration statement with the Attorney General:
1. Charitable organizations or organizations engaging in a charitable fund raising campaign that receive gross contributions of at least $ 10,000, but not in excess of $ 25,000 during a fiscal year, if all of their fund raising activities are performed by volunteers, members, officers or persons who are not compensated for soliciting contributions. However, if gross contributions should exceed $ 25,000, whether or not the money is actually received by the charitable organization within the fiscal year, the organization shall, within 30 days of reaching that figure, notify the Division in writing that the organization will file a long form at the end of the next fiscal year, as required by N.J.A.C. 13:48-5;
2. Fraternal, patriotic, social or alumni organizations, historical societies, and similar organizations organized under the provisions of Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes, when solicitation of contributions is confined to their membership and solicitation is performed by members of that organization;
3. Persons requesting any contributions for the relief of any individual, specified by name at the time of the solicitation, if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary; and
4. Any local post, camp, chapter or similarly designated element, or a county unit of that element, of a bona fide veterans' organization, which issues charters to the local elements throughout this State, or to any veterans' organization chartered under Federal law or to any service foundation of such an organization recognized in its bylaws.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 4 - REGISTRATION OF CHARITABLE ORGANIZATIONS-SHORT FORM REGISTRATION › Section 13:48-4.2 - Short form renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A charitable organization that has filed an initial short form registration shall file a short form for renewal of its registration within six months after the close of its fiscal year provided the organization continues to meet the requirements of 13:48-4.1(a).
(b) If an extension for filing the short form renewal was requested, a copy of the request shall accompany the short form renewal.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 4 - REGISTRATION OF CHARITABLE ORGANIZATIONS-SHORT FORM REGISTRATION › Section 13:48-4.3 - Financial reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A charitable organization filing a short form registration or a short form renewal shall file an accompanying annual financial report on a form prescribed by the Attorney General. The financial report form shall include the following:
1. The name, address, telephone number, e-mail and web address, if available, of the charitable organization and the New Jersey charitable registration number;
2. Gross contributions, through direct and indirect public support;
3. Government grants, if any;
4. Other support;
5. Total expenses including:
i. Program expenses;
ii. Management and general expenses;
iii. Fund-raising expenses, if any; and
iv. Any other costs;
6. Revenues over/under expenses for the year;
7. Whether the charitable organization has engaged the services of an independent paid fund raiser, fund raising counsel or commercial co-venturer; the identity of any independent paid fund raiser or fund raising counsel; and the dates of any solicitation campaign or charitable sales promotion conducted in whole or in part on its behalf during the fiscal year;
8. A complete copy of the charitable organization's most recent Internal Revenue Service filings including, but not limited to, Form 990, Form 990EZ, Form 990PF, and Form 990T (with schedule A), if the organization filed any one or more of these forms during the most recent fiscal year. All schedules and statements shall be included, except for Schedule B; and
9. Any other information as may be requested of the applicant.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 5 - REGISTRATION OF CHARITABLE ORGANIZATIONS-LONG FORM REGISTRATION › Section 13:48-5.2 - Long form renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A charitable organization, which has filed an initial long form registration shall file a renewal of its registration within six months after the close of its fiscal year.
(b) If an extension was requested, a copy of the request shall accompany the long form renewal.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 5 - REGISTRATION OF CHARITABLE ORGANIZATIONS-LONG FORM REGISTRATION › Section 13:48-5.3 - Financial reports; audits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A charitable organization filing a long form registration shall file an annual financial report with the Attorney General.
(b) Information required for the financial report shall include the following:
1. A statement of financial position;
2. A statement of activities, revenue, gains and other support, expenses and losses and changes in net assets;
3. A statement of functional expenses classified into:
i. Program expenses;
ii. Management and general expenses; and
iii. Fund raising; and
4. A statement of cash flows.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 6 - REGISTRATION OF CHARITABLE ORGANIZATIONS-REGISTRATION OF LOCAL UNITS BY PARENT ORGANIZATIONS › Section 13:48-6.1 - Registration of local units by parent organizations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A parent organization may, but is not required to, register any or all of its local units. If a parent organization elects to register one or more of its local units, it shall follow the procedures set out in this subchapter.
(b) A local unit shall register if it has not been registered by its parent organization pursuant to this subchapter or if it does not meet the requirements of (c) below. Each local unit shall be responsible to determine if it has been registered by the parent organization.
(c) A local unit of a parent organization which meets all of the following requirements shall be considered registered:
1. The parent organization is registered pursuant to the Act;
2. All solicitations on behalf of the local unit are performed by members of the local unit or volunteers;
3. The local unit does not employ a fund raising counsel or independent paid fund raiser or utilize paid staff in the preparation of materials or records concerning or related to the solicitations; and
4. The local unit:
i. Does not receive gross contributions in excess of $ 25,000 during the fiscal year; or
ii. Is an organization that limits membership to persons who are, or formerly were, employed as officers statutorily authorized to enforce the criminal laws of this State.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 7 - REGISTRATION OF FUND RAISING COUNSEL AND INDEPENDENT PAID FUND RAISER › Section 13:48-7.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fund raising counsel, independent paid fund raiser or any assignee, subcontractor or other successor in interest shall, before commencing performance of any service or any solicitations within this State:
1. Register annually with the Attorney General; and
2. File contracts or service agreements pursuant to 13:48-9.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 7 - REGISTRATION OF FUND RAISING COUNSEL AND INDEPENDENT PAID FUND RAISER › Section 13:48-7.2 - Bond requirements for fund raising counsel and independent paid fund raisers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fund raising counsel or independent paid fund raiser who has or intends to have custody, control, possession or access to a charitable organization's money or other thing of value shall, at the time of making application for registration, file with the Attorney General a bond in which it shall be the principal obligor for the sum of $ 20,000 for the initial registration.
(b) The bond shall provide for one or more sureties whose liability in the aggregate shall equal at least $ 20,000.
(c) The fund raising counsel or independent paid fund raiser shall maintain the bond in effect during the entire period of registration.
(d) The bond shall be payable to the Attorney General for the benefit of any person who may have a cause of action against the principal obligor of the bond for any violation of the Act or for the purpose of satisfying any assessment against the principal obligor of the bond for any such violations.
(e) If at any time, the Attorney General receives information from any state or Federal agency or notice from a court of competent jurisdiction that a surety on any bond is not acceptable, the Attorney General shall provide notice to the fund-raising counsel or the independent paid fund raiser by certified mail, return receipt requested, whereupon a new bond shall be provided, or a request for a hearing made, to the Attorney General within 10 days following the registrant's receipt of the notice.
1. If the registrant fails to provide a new bond after the registrant has been given notice and an opportunity for a hearing, the Attorney General may revoke or suspend the fund raising counsel's or independent paid fund raiser's registration.
2. The Attorney General may rely upon a determination by any state or Federal agency or notice from a court of competent jurisdiction in assessing the adequacy of a surety.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 7 - REGISTRATION OF FUND RAISING COUNSEL AND INDEPENDENT PAID FUND RAISER › Section 13:48-7.3 - Requirements for effective registration of fund raising counsel and independent paid fund raisers; failure to comply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fund raising counsel or independent paid fund raiser shall not be deemed registered pursuant to the Act unless the fund raising counsel or the independent paid fund raiser has met all of the requirements of the Act, has obtained the requisite bond and has made all of the filings with the Attorney General as required by this subchapter.
(b) It shall be a violation of the Act for any fund raising counsel or independent paid fund raiser to take custody, control or possession of, or to have access to, a charitable organization's money or other thing of value prior to filing a bond with the Attorney General and accomplishing registration in accordance with the Act and this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 8 - REGISTRATION OF SOLICITORS › Section 13:48-8.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each solicitor for an independent paid fund raiser shall register or be registered by an independent fund raiser annually with the Attorney General.
(b) The registration shall be signed by both the solicitor and the independent paid fund raiser on a form prescribed by the Attorney General, which shall contain the following information:
1. The name and street address of the solicitor;
2. The name, address, registration number and telephone number of the independent paid fund raiser who employs the solicitor; and
3. Any other information as may be requested of the applicant.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 9 - CONTRACTS; CHARITABLE SALES PROMOTIONS REPORTS › Section 13:48-9.1 - Contract, service agreement and report requirements for fund raising counsel and independent paid fund raiser

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All fund raising counsel and independent paid fund raisers shall file with the Attorney General a copy of any contract with a charitable organization, together with a contract filing form supplied by the Division, at least 10 days prior to the performance of any service within this State. An additional copy of the contract shall be filed by the charitable organization, which obligation cannot be delegated to the fund raising counsel or independent paid fund raiser.
(b) Every contract shall contain a description of the relationship between the charitable organization and the fund raising counsel or the independent paid fund raiser and shall include the following information:
1. A statement of the respective obligations of the fund raising counsel or independent paid fund raiser and the charitable organization;
2. A clear statement of the fees or rate that will be paid to the fund raising counsel or independent paid fund raiser;
3. The projected commencement and termination dates of the solicitation campaign;
4. A statement as to whether the fund raising counsel or independent paid fund raiser will have or intends to have custody, control, possession or access to contributions;
5. A statement as to the guaranteed minimum percentage of the net proceeds from contributions that will be retained by the charitable organization, if any, or if the solicitation involves the sale of goods, services or tickets to a fund raising event, the percentage of the purchase price, if any, that will be retained by the charitable organization. Any stated percentage shall exclude any amount that the charitable organization is to pay as fund raising costs; and
6. A statement as to the percentage of the gross revenue from which the fund raising counsel or independent paid fund raiser will be compensated. If the compensation of the fund raising counsel or independent paid fund raiser is a flat fee, which is not contingent upon the number of contributions or the amount of revenue received, the compensation shall be expressed as a reasonable estimate of the percentage of the anticipated gross revenue and the contract shall clearly disclose the assumptions upon which the estimate is based. If the compensation of the fund raising counsel or independent paid fund raiser is calculated on the basis of a rate and time, the statement shall include a reasonable estimate of the total fee and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all of the relevant facts known to the fund raising counsel or independent paid fund raiser regarding the solicitation to be conducted on behalf of the charitable organization.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 9 - CONTRACTS; CHARITABLE SALES PROMOTIONS REPORTS › Section 13:48-9.2 - Contracts with commercial co-venturers; sales promotion report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A charitable organization that permits a charitable sales promotion to be conducted on its behalf shall obtain a written contract from the commercial co-venturer and shall file a copy of the agreement with the Attorney General at least 10 business days prior to the initiation of that charitable sales promotion, solicitation or venture agreement.
(b) The charitable sales promotion contract shall include, but is not limited to, the following information:
1. A description of the charitable sales promotion, solicitation, or venture undertaken, and dates to be commenced and terminated;
2. The name and address of the charitable organization and of the commercial co-venturer;
3. The dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization or purpose. If the actual dollar amount or percent cannot reasonably be determined prior to the final date of the charitable sales promotion, the commercial co-venturer shall disclose an estimated dollar amount or percent. Any such estimate shall be reasonable and shall be based upon all of the relevant facts known to the commercial co-venturer and the charitable organization regarding the charitable sales promotion;
4. A requirement that the commercial co-venturer provide the charitable organization with the gross amount of income received by the commercial co-venturer attributable to the charitable sales promotion, solicitation or venture undertaken; and
5. A provision clearly and conspicuously stating that the parties are subject to the Act and the rules of this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 9 - CONTRACTS; CHARITABLE SALES PROMOTIONS REPORTS › Section 13:48-9.3 - Contract, service agreement and report requirements for contracts between fund raising counsel or independent paid fund raiser and any other fund raising counsel or independent paid fund raiser

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every fund raising counsel or independent paid fund raiser shall file with the Attorney General a copy of any contract with another fund raising counsel or independent paid fund raiser, together with a contract filing form supplied by the Division at least 10 days prior to the performance of any service within this State.
(b) Every contract shall comply with the content and filing requirements of 13:48-9.1. Reports shall be filed consistent with the requirement of 13:48-9.1 and be accompanied by the fee specified in 13:48-2.1(a).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 9 - CONTRACTS; CHARITABLE SALES PROMOTIONS REPORTS › Section 13:48-9.4 - Failure to satisfy contract requirements; notice and hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Attorney General determines that the contract requirements established by the Act or these rules are not satisfied, the Attorney General shall notify the filing party or registrant within 10 business days of receipt of the contract. If notification is not sent by the Attorney General within 10 business days to the filing party or registrant, then performance may begin on the contract.
(b) Within 10 business days after receipt of notification that the requirements have not been satisfied, the charitable organization, fund raising counsel, independent paid fund raiser, commercial co-venturer or solicitor may satisfy the requirements or request a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(c) If the Attorney General determines that the contract requirements of the Act or these rules have not been satisfied and the person or organization does not request a hearing as set forth in (b) above, the contract shall be disapproved. This does not prohibit the organization from filing at a future date.
(d) Acceptance of a registration statement or any other required filing shall not foreclose the Attorney General from taking appropriate action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 10 - RECORDKEEPING REQUIREMENTS › Section 13:48-10.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every charitable organization, unless exempt from registration pursuant to 13:48-3.3, and every fund raising counsel, independent paid fund raiser and commercial co-venturer subject to the provisions of the Act shall keep complete and accurate records of its activities in this State as required by the Act.
1. The records shall be in such form as will enable them to accurately provide the information required by the Act or these regulations.
2. The records shall be made available for inspection and copying upon demand by the Attorney General.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 10 - RECORDKEEPING REQUIREMENTS › Section 13:48-10.2 - Records of fund raising counsel and independent paid fund raiser

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every fund raising counsel and independent paid fund raiser that has or intends to have custody, control, possession or access to a charitable organization's monies shall also maintain during each solicitation campaign, and for not less than three years after the completion of such campaign, the following records, which shall be available for inspection upon demand by the Attorney General:
1. The name, home address and telephone number of each employee, solicitor or other person involved in the solicitation;
2. Records of all revenue received and expenses incurred in the course of the solicitation campaign;
3. Records of all contributions, including the name and address of each contributor and the date and amount of the contribution, except that recordkeeping with regard to donations of goods and services in kind shall be limited to the dollar value received by or accruing to the charitable organization. In the case of vehicle donations, records shall include the vehicle identification number and model of the vehicle, the expenses related to the disposition of the vehicle and the net proceeds to the charity, unless the vehicle itself became the charitable organization's property;
4. The name, location and account number of each bank or other financial institution in which the fund raising counsel or independent paid fund raiser has deposited revenue from the solicitation campaign;
5. Records of the name, address and telephone number of each contributor donating tickets and the number of tickets donated, and of the name, address and telephone number of each organization receiving donated tickets for use by others, including the number of tickets for use by others, if a fund raising counsel or an independent paid fund raiser sells tickets to an event and represents that tickets will be donated for use by another; and
6. A copy of each advertisement, publication, solicitation or other material used as part of the charitable sales promotion to directly or indirectly induce a contribution.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 11 - FUND RAISING PRACTICES › Section 13:48-11.1 - Fund raising counsel and independent paid fund raiser; deposit of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fund raising counsel or an independent paid fund raiser shall deposit or require the deposit of each contribution received pursuant to a solicitation, in its entirety and within five business days of its receipt, in an account at a bank or other Federally insured financial institution.
(b) The account shall be in the name of the charitable organization, and the charitable organization shall have the sole control of the account and all withdrawals.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 11 - FUND RAISING PRACTICES › Section 13:48-11.2 - Disclosures to the public; solicitations; receipts and confirmations; notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to soliciting any contribution (except for an in-person solicitation) either telephonically, electronically or in writing, a charitable organization, unless exempt from registration pursuant to 13:48-3.3 and all independent paid fund raisers, commercial co-venturers and solicitors shall clearly and conspicuously disclose the following:
1. The name of the individual making the solicitation;
2. Whether or not the individual making the solicitation is paid or is a volunteer;
3. The name of any fund raising counsel, independent paid fund raiser, or commercial co-venturer employing the individual making the solicitation; and
4. The name of the charitable organization which will receive the contribution.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 11 - FUND RAISING PRACTICES › Section 13:48-11.3 - Disclosures to the public; canisters; honor boxes; public vending machines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All canisters, honor boxes and public vending machines used to raise funds for charitable organizations required to be registered under the Act shall clearly and conspicuously disclose the following:
1. The name, address and registration number of the charitable organization, as registered with the Attorney General, or the organization's name and address, if exempt; and
2. The charitable purpose of the organization.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 12 - STANDARDS AND SUPERVISION › Section 13:48-12.1 - Charitable organization's responsibility for fund-raising activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A charitable organization shall establish and exercise control over fund raising activities conducted for its benefit and assure that the fund raising activities are conducted without coercion. The fund raising activities over which the charitable organization shall establish and exercise control include, but are not limited to:
1. Review and approval of all written contracts and agreements;
2. Submission to the Attorney General of all information required to be filed with the Attorney General;
3. The collection and disbursement of all contributions made to the charitable organization;
4. The procedure to report to its independent paid fund raisers who do not have custody, control, possession or access to a charitable organization's contributions the gross amount received during the charitable campaign and the net amount it retains;
5. The activities of its officers, employees and volunteers in the performance of any fund raising duties done for the benefit of the charitable organization or any administrative and reporting activities for the charitable organization as required by the Act or these rules;
6. The script or other statements used in telephone solicitations;
7. Review of all printed solicitation or pledge documents for accuracy;
8. Establishment of a procedure to ensure that all requests for written information or educational literature are honored;
9. Knowledge and approval of the process by which contributions are collected; and
10. Knowledge and approval of the pledge reminder process.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 12 - STANDARDS AND SUPERVISION › Section 13:48-12.2 - Duty to cooperate in investigative inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
A charitable organization, fund raising counsel, or independent paid fund raiser shall cooperate in any inquiry, inspection or investigation conducted by, or on behalf of, the Attorney General into a charitable organization's, fund raising counsel's, independent paid fund raiser's compliance with all provisions of the Act and these rules. A charitable organization's, fund raising counsel's, or independent paid fund raiser's failure to cooperate, absent good cause shown, may be deemed by the Attorney General to constitute misconduct and a violation of the Act and these rules and thus subject the charitable organization, fund raising counsel or independent paid fund raiser to appropriate administrative or civil action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 13 - VIOLATIONS › Section 13:48-13.1 - Unregistered practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be a violation of the Act for any charitable organization or person required to file a registration statement in accordance with the Act and the rules set forth in this chapter to fail to do so.
(b) It shall be a violation of the Act for any charitable organization or person that has filed an initial registration statement to engage in solicitation or fund raising activities before the Attorney General has been given the opportunity to review the registration statement pursuant to 45:17A-22 and the rules set forth in this chapter.
(c) Solicitation activities on behalf of an unregistered charitable organization, whether conducted by the charitable organization or by any other person, shall be a violation of the Act and considered misconduct by both the charitable organization and the other person.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 13 - VIOLATIONS › Section 13:48-13.3 - Grounds for denial, suspension or revocation of any registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After notice and an opportunity for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, any registration may be denied, suspended or revoked upon a finding that the registrant or any officer, director, trustee or principal salaried executive staff employee of a registrant or any other person subject to the Act:
1. Has filed a registration statement containing false or misleading facts or omitting material facts;
2. Has violated or failed to comply with any of the provisions of the Act or the rules adopted under authority of the Act;
3. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
4. Has been convicted of any criminal offense committed in connection with the performance of activities regulated under the Act or any criminal offense involving untruthfulness or dishonesty or any criminal offense relating adversely to the registrant's fitness to perform activities regulated by the Act. For the purposes of this paragraph, a plea of guilty, non vult, nolo contendere or any other similar disposition of alleged criminal activity shall be deemed a conviction;
5. Has had the authority to engage in charitable activities denied, revoked or suspended by New Jersey or any other state or jurisdiction;
6. Has been adjudged liable in an administrative or civil proceeding involving theft, fraud or deceptive business practice including, but not limited to, any finding of unlawful practice or practices related to the solicitation of contributions or the administration of charitable assets, regardless of whether that finding was made in the context of an injunction, a proceeding resulting in penalties, consented to in an assurance of voluntary compliance or any similar order or legal agreement with any state or Federal agency;
7. Has engaged in other forms of misconduct as may be determined by these rules; or
8. Has filed a registration, contract, financial statement or other required filing that fails to satisfy the requirements of the Act or the rules set forth in this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 14 - PENALTIES › Section 13:48-14.1 - Civil penalties; alternative remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a finding is made of a violation of the Act or these rules, after notice and an opportunity for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, in addition or as an alternative to revocation or suspension of a registration, a person may be ordered to:
1. Pay civil penalties in accordance with the Act as follows:
i. Any person who has not previously been found to have violated the Act shall, in addition to any other relief authorized by the Act or any other law, be liable for a civil penalty of not more than $ 10,000 for the first violation;
ii. For a second violation, or if a person is found liable for more than one violation within a single proceeding, the liability for the second violation shall not exceed a civil penalty in the amount of $ 20,000;
iii. For a third violation, or if a person is found liable for more than two violations within a single proceeding, the liability for a third or any succeeding violation shall not exceed a civil penalty in the amount of $ 20,000 for each additional violation;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 14 - PENALTIES › Section 13:48-14.2 - Private actions

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to any other action or remedy available under the Act, a charitable organization aggrieved by a violation of 45:17A-32(c)(4)  or 13:48-13.2(a)4, may initiate a civil action or assert a counterclaim in any court of competent jurisdiction against the violator. Upon establishing the violation, the charitable organization shall recover treble its damages or treble the violator's profits whichever is greater. In all actions under this subsection the court shall award reasonable attorney's fees, filing fees and reasonable costs of suit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 14 - PENALTIES › Section 13:48-14.3 - Accountability of parent organization and local unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding any other provision of this section to the contrary, a parent organization may be held accountable for actions related to information filed on behalf of a local unit only if the parent organization knew or should have known that it has filed information knowing that the information is false or misleading or knowing that material facts are omitted.
(b) Notwithstanding any other provision of this section to the contrary, any local unit which has provided to its parent organization timely, truthful and complete information and otherwise conducted itself in compliance with the provisions of the Act, shall not be held accountable for the misconduct of a parent organization, including, but not limited to, the failure of the parent organization to file timely reports on behalf of the local unit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 15 - CRIMINAL LAW ENFORCEMENT ORGANIZATIONS › Section 13:48-15.1 - Organizations of law enforcement officers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to all other requirements imposed by the Act and these rules, a charitable organization which limits its membership to persons who are or formerly were employed as officers statutorily authorized to enforce the criminal laws of this State or which is a parent organization which includes local units that so limit membership shall:
1. At least 10 days prior to initiating any solicitation campaign involving multiple solicitations, give written notice describing the nature, purpose and the proposed dates and location of the solicitations.
i. Local criminal law enforcement charitable organizations shall file completed Notices of Intent to Solicit Funds with the Attorney General and the county prosecutor of any county in which the solicitation will be made.
ii. A parent criminal law enforcement charitable organization with local units in more than one county shall file a completed Notice of Intent for each local unit to solicit Funds with the Attorney General and the Attorney General shall notify the appropriate county prosecutors.
iii. Notice of Intent to Solicit Funds forms are available upon request from the Division of Consumer Affairs at the address set forth in 13:48-1.4.
iv. The parent or local unit shall pay a filing fee for the 10-day notice in the amount set forth in 13:48-2.1(a)13.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.1 - Purpose of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter prescribes the requirements for certification of a person to conduct chemical analysis of the breath of a person arrested pursuant to 39:4-50 et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 39:3-10.25, 12:7-46, 2A:4A-23 or 12:7-55 et seq., the conditions under which certification can occur and the general rules for holders of certificates, pursuant to the statutory requirements of P.L. 1966, c.142, Sec. 3, as amended by P.L. 1971, c.273, Sec. 1 (39:4-50.3 ), hereinafter denoted as 39:4-50.3; or P.L. 1990, c.103, Sec. 17 (N.J.S.A. 39:3-10.2 5), hereinafter denoted as N.J.S.A. 39:3-10.2 5; or P.L. 1986, c.39, Sec. 8 (12:7-56 ), hereinafter denoted as 12:7-56.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.3 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose of prosecution, no operator may conduct a valid analysis of an arrested person's breath under the provisions of 39:4-50.3, 39:3-10.2 5 or 12:7-56, unless such operator has been issued a valid operator's certificate which is valid at the time of the analysis of an arrested person's breath and which attests that such operator is then qualified and competent to conduct such analysis utilizing an approved method and an approved instrument as set forth at N.J.A.C. 13:51-3.
(b) Certification of a person as a Breath Test Operator shall be by recommendation of the Superintendent of the State Police to the Attorney General upon the satisfactory completion of training as more fully set forth at 13:51-1.6.
(c) Certificates or replica certificates bearing the signature or facsimile signature of the Superintendent and the Attorney General shall be considered as bearing valid signatures and are not required to bear the signature or facsimile signature of the individual currently holding the office of Superintendent or Attorney General.
(d) Certification of a person as a Breath Test Operator is a training certification only. Certification does not mean that a Chief of Police or other executive head of the organized police department of which the Operator is a sworn law enforcement officer must employ or otherwise assign that person to duties consistent with the certification. The decision to assign a law enforcement officer to specific duties is a decision that is solely within the authority and discretion of the employing authority.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.4 - Prerequisites for certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise specified in this section, for initial certification as a Breath Test Operator, under the provisions of 13:51-1.6(a), an applicant shall satisfy the following prerequisites:
1. Be a law enforcement officer, sworn as a member of an organized police department;
2. Be a graduate of an approved school; and
3. Have served as a law enforcement officer for a minimum of one year from the date of swearing in or graduation, whichever is later.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.5 - Application for certification

Current through Register Vol. 56, No. 14, July 15, 2024
Application shall be made in a manner prescribed by the Division of State Police to the Division of State Police by the Chief of Police or other executive head of the organized police department, or his or her designee, for applicants who are sworn law enforcement officers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.6 - Certification training requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Initial operator certification requirements are as follows:
1. Subject to the requirements at N.J.A.C. 13:51-1.4(a), initial certification of an applicant, to become an operator for breath test instruments approved at N.J.A.C. 13:51-3.4(a)1  and 2, requires satisfactory completion of a minimum of four days of training as prescribed and conducted by the Division of State Police. Such training shall include:
i. Instruction and training in the operation of the approved instrument;
ii. Laboratory practice with air samples passed through test solutions of alcohol and air samples taken from human subjects;