New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 2 - REGISTRATION OF FACILITIES THAT INSTALL OR APPLY APPROVED SUN-SCREENING MATERIALS AND PRODUCTS TO WINDSHIELDS AND FRONT SIDE WINDOWS OF MOTOR VEHICLES FOR WHICH MEDICAL EXEMPTION CERTIFICATES HAVE BEEN ISSUED › Section 13:20-2.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Advertising" means any printed or published materials including, but not limited to, direct mail, circulars, leaflets, pamphlets, newspapers, magazines, billboards, yellow pages of any telephone directory, radio and/or television broadcasts, and any other advertising medium of communication used to induce the public to seek the services of a sun-screening material installation facility. The term "advertising" shall not include printed or published materials appearing in the white pages of any telephone directory.
"Applicant" means any person making application pursuant to this subchapter for an initial registration to engage in the business of installing or applying approved sun-screening materials and products to motor vehicle windshields and/or front side windows or to renew an existing registration. In the case of a partnership or corporation applying for a registration, the term "applicant" shall respectively include all partners and/or officers and directors and/or persons having a controlling interest in a sole proprietorship or corporation.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Controlling interest" means possession of the power to direct or cause the direction of the management and policies of a sun-screening material installation facility whether through the ownership of voting securities or otherwise. The Chief Administrator will presume that control in fact exists if any person or entity directly or indirectly owns, controls, holds the power to vote, or holds proxies representing 10 percent or more of the voting securities of any sun-screening material installation facility. This presumption may be rebutted by showing that control does not in fact exist. The Chief Administrator may determine that control in fact exists, notwithstanding the presence or absence of a presumption to that effect.
"Customer" means the owner of record of a motor vehicle on file with the Motor Vehicle Commission, or any family member, employee, or any other person whose use of the motor vehicle is authorized by such owner of record.
"Engaged in the business" means performing the installation or application of approved sun-screening materials and products to motor vehicle windshields and/or front side windows for compensation and includes:
1. Any person installing or applying approved sun-screening materials and products on the windshields and/or the front side windows of motor vehicles that are driven by or are used to regularly transport a person having a medical condition involving ophthalmic or dermatological photosensitivity;
2. Any person who subcontracts or has any type of business arrangement with a sun-screening material installation facility or other person to install or apply approved sun-screening materials and products to motor vehicle windshields and/or front side windows;
3. Any person who prepares an estimate to be used by a sun-screening material installation facility or other person to install or apply approved sun-screening materials and products to motor vehicle windshields and/or front side windows; or
4. Any person who negotiates in any manner with any customer to install or apply approved sun-screening materials and products to motor vehicle windshields and/or front side windows.
"Estimate" means any written determination prepared by a sun-screening material installation facility of the approximate cost of the parts and labor needed to install or apply approved sun-screening materials and products to motor vehicle windshields and/or front side windows.
"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c. 13 (39:2A-4.)
"Person" means any natural person, business, company, firm, partnership, association, corporation, or any other entity.
"Place of business" means the address or location where the services of a sun-screening material installation facility are offered or ordinarily performed.
"Sun-screening material installation facility" means any person who for compensation engages in the business of installing or applying approved sun-screening materials and products on the windshields and/or the front side window(s) of motor vehicles for which medical exemption certificates have been issued in accordance with N.J.A.C. 13:20-1 and which are driven by or used to transport a person having a medical condition involving ophthalmic or dermatological photosensitivity. For the purpose of this subchapter, an employee of a sun-screening material installation facility who engages in the business of installing or applying approved sun-screening materials and products to motor vehicle windshields and/or front side windows solely by reason of his or her employment shall not be deemed to be a sun-screening material installation facility and shall not be required to be registered.
"Sun-screening material installation facility registration" means a registration issued to a sun-screening material installation facility which evidences the Chief Administrator's authorization for the facility to engage in the business of installing or applying approved sun-screening materials and products on the windshields and/or the front side window(s) of motor vehicles for which medical exemption certificates have been issued in accordance with N.J.A.C. 13:20-1 and which are driven by or are used to regularly transport a person having a medical condition involving ophthalmic or dermatological photosensitivity.
"Suspension, revocation, or refusal to renew" means administrative action by the Chief Administrator, in accordance with 39:3-75.1 et seq. or this subchapter, to refuse to renew a sun-screening material installation facility registration or to suspend or revoke such registration.