reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 2 - EMPLOYMENT AGENCIES › Section 13:45B-2.3 - Bond required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before an Employment Agency License is issued, the applicant shall deposit with the Director an original bond in the sum of $ 10,000, with a duly authorized surety company as surety, to be approved by the Director.
(b) The bond shall be payable to the State of New Jersey with the condition that the person applying for the license will comply with the Act and will pay all damages occasioned to any person by reason of any misrepresentation, deceptive or misleading act or practice or any unlawful act or omission of any licensed person, agents, or employees, while acting within the scope of their employment, made, committed, or omitted in the business conducted under the license or caused by any violation of the Act and this chapter in carrying on the business for which the license is granted. In case of a breach of the condition of any bond, application may be made to the Director by the person injured by the breach for leave to sue upon the bond, which leave shall be granted by the Director if it is proven to his or her satisfaction that the condition of the bond has been breached and the person has been injured. The person obtaining leave to sue shall be furnished with a certified copy of the bond and shall be authorized to institute suit on the bond in his or her name for the recovery of damages sustained by the breach.
(c) If at any time, in the opinion of the Director, the surety on any bond shall become financially irresponsible, the person holding the license shall, upon notice by registered mail, return receipt requested from the Director, provide a new bond, subject to the provisions of this section. Failure to provide a new bond within 10 days after such notice shall operate at the direction of the Director automatically as revocation of the registration. The 10 days shall begin to run on the day following the surety's receipt of the notice. However, revocation may be stayed at the discretion of the Director.
(d) If the surety contemplates cancellation of the bond, the surety shall be withdrawn upon 60 days advance written notice by registered mail to the Director, the 60 days shall begin to run on the day following the Director's receipt of the notice. A provision regarding this notice of withdrawal shall appear in the bond.
(e) The bond shall be retained by the Section until 90 days after either the expiration or revocation of the license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 2 - EMPLOYMENT AGENCIES › Section 13:45B-2.4 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To effectuate the purposes of the Act, every holder of an employment agency license, as well as every representative authorized by the owner to supervise or conduct the operation of the employment agency, shall keep and maintain, readily available for inspection by the Director or the Director's duly authorized representative for a period of at least two years, the following:
1. All requests for job seekers (job orders) or applications for employment, which shall include the name and address of the applicant, the date of application and the following additional information:
i. When the application is for employment, a reasonably accurate description of the types or classes of employment and such other facts as the applicant may wish to record;
ii. On the job order, the information shall include a reasonably accurate description of the job or jobs to be filled, whether the job(s) is temporary or permanent, the address or location at which the work is to be performed, the range of salary and the conditions of employment offered;
iii. Memorializations of applications for employment and job orders made by telephone or other oral communication, which shall be kept in writing on standard forms. Copies of these forms shall be filed with the Executive Director prior to their use by the employment agency. However, the written records of oral job orders may be kept in a book or binder used exclusively for such purpose; and
iv. For the purpose of convenience, there may be recorded on the application forms such additional information as is not in violation of any law of the State of New Jersey or Federal law;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 2 - EMPLOYMENT AGENCIES › Section 13:45B-2.5 - Agreements; fee schedules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Agreements between an employment agency and an employer or between an employment agency and a job seeker shall be in writing and shall include, but not be limited to:
i. The employment agency's fee schedule;
ii. The time at which a fee becomes due and owing to the employment agency;
iii. The manner in which the fee is to be paid, by whom, and at what intervals, if not paid in a lump sum; and
iv. The conditions under which a refund or adjustment in fee will be made, and the amount of the refund or adjustment, which may be expressed as a percentage.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 2 - EMPLOYMENT AGENCIES › Section 13:45B-2.6 - Employment agent's license qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before being permitted to sit for the written examination as required by the Act and by this chapter, an applicant for an employment agent's license shall submit the following to the Division:
1. Affidavits of the applicant and the holder of the employment agency license by whom the applicant is to be employed, and such other evidence as the Director may reasonably require, indicating that:
i. The applicant has, for a period of at least one year, been engaged actively, lawfully and reputably in business in the capacity of owner or employee, or in a licensed profession or occupation; and
ii. The applicant has, for a period of at least six months, been employed in the handling of personnel problems including the securing of help for employers and jobs for employees in the types or classes of occupations for which application is made;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 2 - EMPLOYMENT AGENCIES › Section 13:45B-2.7 - Employment agent's conditional license qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose of enabling individuals to secure experience and knowledge to qualify them as an agent, the Director may issue a conditional license authorizing the holder to perform functions requiring a license, when acting under the direct supervision of a duly qualified licensed agent.
(b) Before being granted an agent's conditional license, an applicant shall submit the following to the Section. All affidavits shall include the address and telephone number of the affiant:
1. An affidavit and such other evidence as the Director may reasonably require establishing that the applicant has at least one year of business experience or equivalent education;
2. Two affidavits attesting to the applicant's good moral character, pursuant to the provisions of 13:45B-2.6(a)2;
3. Evidence of graduation from a duly recognized high school or a Graduate Equivalency Diploma or successful passage of the written licensing examination;
4. The name, business address and employment agency license number of the licensee who will be supervising the applicant;
5. The name and license number of the duly licensed agent on premise who will supervise the conditional agent; and
6. Payment of the fee as set forth in 13:45B-7.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 2 - EMPLOYMENT AGENCIES › Section 13:45B-2.8 - Identification and introductory card; character references

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The employment agency shall furnish to each job seeker who is sent to a prospective employer for an interview or for future employment in a job for which no order has been given to the agency, a company card or letterhead containing the name and address of the agency, the names of the job seeker and prospective employer, the address of the prospective employer, and any other particulars the agency may determine are necessary. On every card or letterhead, there shall be printed in bold-faced type the following:
"This card of introduction is given to ____________ (name of job seeker) with the understanding that there is no obligation to this employment agency for any fee until, as a result of the services rendered by the agency, __________. (name of job seeker) is employed in a job with respect to which the agency received a bona fide order from an employer. ___________ (name of job seeker) has agreed to pay the fee under the foregoing conditions if the fee is not paid by an employer."
(b) The employment agency shall require all job seekers applying for positions of trust or work with private families to furnish the agency with names and addresses of individuals available as character references, and shall communicate, orally or in writing, with at least one of the individuals given by the job seeker as a character reference.
1. If the job seeker has not furnished the name of any individuals available as character references, or if no favorable statement has been received from a character reference, the employment agency shall so advise the prospective employer to whom the job seeker is referred. This information shall be written upon the referral slip given by the employment agency to the job seeker to present to the prospective employer. The written result of the verification to determine the character and responsibility of any job seeker shall be kept on file in the employment agency subject to examination by the Executive Director.
2. If the employer voluntarily waives, in writing, a verification of references, the licensed employment agency shall not be required to make the verification, but shall keep a record of the written waiver as required by 13:45B-2.4(a)4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 2 - EMPLOYMENT AGENCIES › Section 13:45B-2.9 - Uncertified and unlicensed individuals providing home-based services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an employment agency sends an individual who is not licensed or certified as a homemaker-home health aide or health care professional to a patient/employer's home to provide home-based services, the employment agency shall provide to the patient/employer:
1. Written notification that the individual is not a certified homemaker-home health aide or licensed or certified by the Division of Consumer Affairs as a health care professional;
2. A written statement, on the employment agency's letterhead, indicating:
i. The name and address of the individual; and
ii. The title of any course the individual successfully completed that prepared the individual to provide services to the patient/employer, the date the course was completed and the place at which the course was taken;
3. Certification from the employment agency that the individual is a United States citizen or legally-documented alien who can legally work in the United States; and
4. Certification from the employment agency that it has verified the individual's employment history or has obtained at least two character references for the individual.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 3 - BUSINESS LOCATIONS › Section 13:45B-3.1 - Business locations; special permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any building or part thereof in which the business of an employment agency is conducted or operated shall be maintained with due regard to reasonably safeguarding such confidential information as may properly be given to the agency.
(b) An employment agency license, or registration under 34:8-65 or 66, shall not authorize activities at any place other than the place designated in the license or registration except upon issuance of a special permit by the Director, as follows:
1. Where an activity is to take place away from the premises designated in the license, application for a special permit shall be made on a form supplied by the Division, which must be received by the Division no later than seven business days before the activity is to take place.
2. Each separate location shall require a separate special permit.
3. The fee for each special permit shall be $ 10.00. A check or money order for that sum shall accompany the application.
4. The special permit shall be prominently displayed in the entrance to the event in a location where it is clearly visible to all patrons.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 4 - EXAMINATIONS AND VARIOUS CLASSIFICATIONS OF EMPLOYMENT AND PERSONNEL SERVICES › Section 13:45B-4.1 - Examination subjects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for an employment agent's license shall, in the manner and at the time and place designated by the Executive Director, answer written questions concerning the following:
1. The provisions of the Act;
2. This chapter; and
3. The applicant's knowledge of and experience in the fields of employment specified in the application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 4 - EXAMINATIONS AND VARIOUS CLASSIFICATIONS OF EMPLOYMENT AND PERSONNEL SERVICES › Section 13:45B-4.2 - "Aeronautical" classification

Current through Register Vol. 56, No. 14, July 15, 2024
Applicants for an employment agent's license who include "aeronautical" in the type or class of occupation in which they intend to furnish help or employment shall furnish to the Executive Director a written statement from the Division of Aeronautics in the State Department of Transportation (Division of Aeronautics) certifying to the Executive Director that, in the opinion of the Division of Aeronautics, the applicant has sufficient knowledge of the types of licenses required by persons to be legally engaged in the operation, maintenance or repair of aircraft.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 4 - EXAMINATIONS AND VARIOUS CLASSIFICATIONS OF EMPLOYMENT AND PERSONNEL SERVICES › Section 13:45B-4.5 - "Career counseling" classification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for an employment agent's license who designates his or her field of employment as "career counseling" as a type or class of services, which he or she intends to provide, are persons other than those required to be registered pursuant to 13:45B-5.1, 10.1 and 11.1 (that is, consulting firms, career consulting or outplacement organizations, and prepaid computer job matching or job listing services) and who provide, or offer to provide, the following services for a fee charged to the job seeker shall be classified as a career counseling agent:
1. Vocational guidance;
2. Aptitude, achievement or vocational testing beyond measurement of single skills, such as typing;
3. Career counseling, management, evaluation or planning;
4. Development of resumes and other promotional materials relating to the preparation for employment;
5. Referral services relating to employment or employment qualifications; or
6. Executive or personnel consulting.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 4 - EXAMINATIONS AND VARIOUS CLASSIFICATIONS OF EMPLOYMENT AND PERSONNEL SERVICES › Section 13:45B-4.6 - Temporary placement operation (functioning in conjunction with an employment agency and integrated)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, "temporary placement operation" means an operation integrated with a licensed employment agency that assigns job seekers to assist the agency's customers in handling temporary, excess, or special work loads, for a fee paid by the job seeker or the customer. A "temporary placement operation" differs from a temporary help service firm in that neither the temporary placement operation nor the employment agency with which it is integrated does any of the following things:
1. Pays a wage or salary to the employed individual;
2. Pays or is required to pay Federal social security taxes and State and Federal unemployment insurance;
3. Is required to carry workers' compensation insurance covering the employed individual; or
4. Sustains responsibility for the actions of the employed individuals while they render services to the agency's customers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 4 - EXAMINATIONS AND VARIOUS CLASSIFICATIONS OF EMPLOYMENT AND PERSONNEL SERVICES › Section 13:45B-4.7 - Employment agency providing temporary help

Current through Register Vol. 56, No. 14, July 15, 2024
An employment agency providing temporary help shall comply with all requirements in this chapter that apply to employment agencies. All personnel acting as representatives for an employment agency, who are soliciting business, furnishing help or employment, or furnishing information as to where help or employment may be obtained, or who manage, operate or carry on the business of an employment agency are required to be licensed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 5 - CONSULTING FIRMS › Section 13:45B-5.1 - Consulting firm registration requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To register as a consulting firm, an applicant shall submit annually:
1. A completed application form provided by the Division containing the information required by 34:8-64 and such other information as the Division may require; and
2. The registration fee, as set forth in 13:45B-7.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 5 - CONSULTING FIRMS › Section 13:45B-5.2 - Uncertified and unlicensed individuals providing home-based services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a consulting firm sends an individual who is not licensed or certified as a health care professional to a patient/employer's home to provide home-based services, the consulting firm shall provide to the patient/employer:
1. Written notification that the individual is not a certified homemaker-home health aide or licensed or certified as a health care professional by the Division of Consumer Affairs;
2. A written statement, on the consulting firm's letterhead, indicating:
i. The name and address of the individual; and
ii. The title of any course the individual successfully completed that prepared the individual to provide services to the patient/employer, the date the course was completed and the place at which the course was taken;
3. Certification from the consulting firm that the individual is a United States citizen or legally-documented alien who can legally work in the United States; and
4. Certification from the consulting firm that it has verified the individual's employment history or has obtained at least two character references for the individual.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 5 - CONSULTING FIRMS › Section 13:45B-5.3 - Consulting firm providing temporary help services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A consulting firm that provides temporary help services as defined in 13:45B-1.2 pursuant to N.J.S.A. 34:8-64g shall not be required to register as both a consulting firm and a temporary help service firm. Such firm shall annually register as, and pay the registration fee for, a consulting firm.
(b) A consulting firm that provides temporary help services pursuant to N.J.S.A. 34:8-64g shall be required to post a bond of $ 1,000 with the Attorney General to secure compliance with the CFA. The Director may waive such bond for any corporation or entity having a net worth of $ 100,000 or greater. In order to obtain such a waiver, the consulting firm must provide a copy of a certified financial report prepared by a certified public accountant or licensed accountant establishing that the firm has a net worth of $ 100,000 or greater.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 6 - ENTERTAINMENT AGENCIES › Section 13:45B-6.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules contained in this subchapter implement the Act and supplement rules in this chapter that govern the operation of entertainment agencies and agents, under which booking agencies, employment agencies, and agents procure, obtain, offer, promise or attempt to procure or obtain employment or engagements for performing artists in this State.
(b) This subchapter shall apply to all persons operating entertainment agencies located in New Jersey, or agencies wherever located that place performing artists in temporary or permanent positions located in New Jersey, or that engage in single or repeated acts of solicitation to employees or job seekers resident in New Jersey, whether by mail, newspaper, magazine, telephone, sales/TV, radio/TV, poster, billboard, or any other media, or in person.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 6 - ENTERTAINMENT AGENCIES › Section 13:45B-6.2 - Booking/entertainment agency and agent license requirements

Current through Register Vol. 56, No. 14, July 15, 2024
Booking agencies and entertainment agencies shall obtain licenses in accordance with the requirements set forth under 13:45B-2.1(a). Booking agents and entertainment agents shall obtain licenses in accordance with the requirements set forth under 13:45B-2.6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 6 - ENTERTAINMENT AGENCIES › Section 13:45B-6.3 - Bond requirement

Current through Register Vol. 56, No. 14, July 15, 2024
Booking agencies and entertainment agencies shall obtain a bond in accordance with the requirements set forth in 13:45B-2.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 6 - ENTERTAINMENT AGENCIES › Section 13:45B-6.4 - Entertainment agency licenses; posting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In every entertainment agency operated and conducted under the Act and this chapter, the license under which the entertainment agency is conducted and operated shall be displayed in a prominent place where it may be easily seen and read by all persons visiting the entertainment agency.
(b) Each person required to have an agent's license shall display such license in such place and manner as to make it readily visible and legible by persons doing business with such licensee.
(c) There shall be posted in each entertainment agency the agency's schedule of fees, as well as a certified abstract of the Act and this chapter. Such posting shall be in a manner and place as to be readily visible and legible by persons doing business with the agency. The entertainment agency also shall have full copies of the Act and this chapter available for review by any job seeker or employer. The certified abstract shall be available from the Section for a fee of $ 5.00.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 6 - ENTERTAINMENT AGENCIES › Section 13:45B-6.5 - Entertainment agency contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each performing artist shall be supplied with a copy of any contract with the entertainment agency signed by the artist.
(b) Each entertainment agency shall file a copy of the form(s) of any contract used or to be used by the agency with the Regulated Business Section of the Office of Consumer Protection, 124 Halsey Street, P.O. Box 45028, Newark, New Jersey 07102. All forms of contract shall comply with the plain language law standards as set forth in 56:12-2 and 56:12-10.
(c) Copies of all executed contracts between the entertainment agency and performing artists shall be maintained by the agency in a form suitable for inspection by the Division. These copies shall be made available for inspection by representatives of the Division.
(d) If the entertainment agent's contract with the performing artist includes products, such as, but not limited to, photographs or a photographic publication, the contract shall state the exact quantity, quality, and cost of the item(s) to be supplied, and the date of delivery or publication.
(e) If date of delivery or publication is more than 60 days following the date of the contract, no more than one-third of any fee, charge or commission shall be collected by the licensed entertainment agency for its products prior to delivery.
(f) If the entertainment agency fails to deliver products or services by the date of delivery as specified in the contract, the job seeker is entitled to a full refund of monies paid for the promised service or product. The job seeker may waive the right to a refund by acknowledging and waiving the right in writing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 6 - ENTERTAINMENT AGENCIES › Section 13:45B-6.6 - Information required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information required by the Act and this subchapter shall be provided to the Regulated Business Section of the Office of Consumer Protection, 124 Halsey Street, Newark, New Jersey 07102 (Mailing address: P.O. Box 45028, Newark, New Jersey 07101) on January 1 of each year. Where the entertainment agency begins operation after January 1, the information required by the Act and this subchapter shall be provided with the agency's application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 7 - FEES AND EXPIRATION DATES › Section 13:45B-7.1 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
The following fees shall be charged by the Division:
Employment agency annual license........................$ 250.00
Consulting firm annual registration.....................$ 175.00
Career consulting or outplacement firm annual
registration.........................................$ 250.00
Health care service firm annual registration, each
primary location.....................................$ 500.00
Job listing service and registration....................$ 250.00
Prepaid computer job matching service annual
registration.........................................$ 250.00
Temporary help service firm annual registration,
primary location........................................$ 175.00
Temporary help service firm, secondary location(s).......$ 10.00
Agent's annual license...................................$ 25.00
Agent's conditional license..............................$ 25.00
Transfer of agent's license..............................$ 10.00
Agent-registrants........................................$ 25.00
Fee for abstract of law...................................$ 5.00
Examination fee..........................................$ 25.00
Late fee for renewals....................................$ 25.00
Special (off-premises) permit............................$ 10.00
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 7 - FEES AND EXPIRATION DATES › Section 13:45B-7.2 - License and registration expiration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licenses shall expire on January 1 of the year following their issuance.
(b) All registrations shall expire on July 1 of each year.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 7 - FEES AND EXPIRATION DATES › Section 13:45B-7.3 - Standards for issuance and renewal of licenses and registrations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No license or registration required by the provisions of the Act or 56:8-1.1 shall be issued until it has been established to the satisfaction of the Director that all of the provisions of the Act, 56:8-1.1 and this chapter applicable to the issuance of such license or registration have been fully complied with.
(b) Prior to any suspension, revocation or refusal to renew a license or registration, the licensee or registrant shall have the right to request a hearing, which shall be conducted pursuant to the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 8 - OUT-OF-STATE BUSINESSES › Section 13:45B-8.1 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
All provisions of N.J.A.C. 13:45B-1 through 16 shall apply to any person engaging in any of the activities regulated by the Act or, if applicable, the CFA in New Jersey, including persons whose residence or principal place of business is located outside of this State.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 8 - OUT-OF-STATE BUSINESSES › Section 13:45B-8.2 - Registered agent

Current through Register Vol. 56, No. 14, July 15, 2024
Each out-of-State holder of a New Jersey employment agency license, or out-of-State entity required to be registered under the Act, shall register with the Executive Director the name and address of a New Jersey agent for service of process and other matters.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 10 - REGISTRATION FOR CAREER CONSULTING OR OUTPLACEMENT ORGANIZATIONS › Section 13:45B-10.1 - Registration process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following entities are required to be registered with the Section in order to operate within New Jersey:
1. Career consulting or outplacement organizations, as defined in 13:45B-1.2, and every agent authorized and empowered by the owner of the registered organization to solicit business or otherwise act as an agent of the organization.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 11 - PREPAID COMPUTER JOB MATCHING OR JOB LISTING SERVICES › Section 13:45B-11.1 - Registration process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following entities are required to be registered with the Section in order to operate within New Jersey:
1. Prepaid computer job matching or job listing services, as defined in 13:45B-1.2, and every agent authorized and empowered by the owner of the registered organization to solicit business or otherwise act as an agent of the organization.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 12 - TEMPORARY HELP SERVICE FIRMS › Section 13:45B-12.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules of this subchapter are being promulgated pursuant to 56:8-1.1, in order to set forth the registration requirements for temporary help service firms and to set forth the recordkeeping requirements for temporary help service firms that transport, or provide transportation for, employees to or from the work site. The rules are intended to improve the safety of vehicles used by temporary help service firms to transport employees to or from the work site.
(b) This subchapter shall apply to any temporary help service firm regulated under 56:8-1.1 or 34:8-43 et seq., and as defined in 13:45B-1.2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 12 - TEMPORARY HELP SERVICE FIRMS › Section 13:45B-12.2 - Registration process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All temporary help service firms, as defined in 13:45B-1.2, shall register annually with the Section in order to operate as a temporary help service firm in New Jersey.
(b) An application for registration and an abstract of the law covering the statutory requirements for the operation of registered services in New Jersey shall be supplied by the Section upon request.
(c) To register as a temporary help service firm, an applicant shall submit annually:
1. A completed application form provided by the Division under (b) above containing the information required by 56:8-1.1 and such other information as the Division may require;
2. The registration fee, as set forth in 13:45B-7.1; and
3. A $ 1,000 bond, unless the bond has been waived by the Director for those entities having a net worth of $ 100,000 or more.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 12 - TEMPORARY HELP SERVICE FIRMS › Section 13:45B-12.4 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A failure to comply with this subchapter shall be considered an unlawful practice and a violation of the Consumer Fraud Act, 56:8-1 et seq.
(b) In addition to (a) above, a failure to comply with 13:45B-12.3 shall be considered a violation of 48:4-3 et seq. Any temporary help services firm to which 13:45B-12.3 applies that is found to be in violation of 56:8-1 et seq. or 48:4-3 et seq. will be subject to the penalties under those acts and shall be jointly and severally liable with the provider of transportation services for any injury that occurs to individuals while being transported in a vehicle owned, leased or otherwise under the control of the provider.
(c) A temporary help service firm that has failed to comply with the provisions of 13:45B-12.3 on more than one occasion may have its registration suspended or revoked by the Director.
(d) A temporary help service firm that has provided false information to the Section on its initial registration application or its registration renewal application, with regard to the types of transportation provided by the temporary help service firm, if any, shall be subject to the provisions of 13:45B-16.1.
(e) A violation of a statute or regulation of any other State agency under (a), (b) or (c) above shall be reported by the Section to the State agency having jurisdiction.
(f) No penalty shall be assessed for any violation of the recordkeeping requirements of 13:45B-12.3 before January 24, 2008.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 13 - HEALTH CARE SERVICE FIRMS › Section 13:45B-13.1 - Authority, purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The authority for this subchapter is derived from 34:8-43 under the definition of "employment agency."
(b) Firms providing health care services are licensed and/or registered under several categories pursuant to the CFA and the Act. In order to consolidate these firms into an appropriate category and subject all firms operating in a similar manner to uniform regulation, the Director is hereby identifying a new class of licensure: "health care service firm."
(c) This subchapter applies to all persons operating a health care service firm, as defined by 13:45B-13.2, including persons whose residence or principal place of business is located outside of this State.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 13 - HEALTH CARE SERVICE FIRMS › Section 13:45B-13.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:
"Companion services" means non-medical, basic supervision and socialization services that do not include assistance with activities of daily living and that are provided in an individual's home. "Companion services" may include the performance of household chores.
"Health care service firm" means any person who operates a firm that employs individuals directly or indirectly for the purpose of assigning the employed individuals to provide health care, personal care, or companion services either directly in the home or at a care-giving facility, and who, in addition to paying wages or salaries to the employed individuals while on assignment, pays or is required to pay Federal social security taxes and State and Federal unemployment insurance; carries or is required to carry worker's compensation insurance; and sustains responsibility for the action of the employed individuals while they render health care services.
"Health care services" means:
1. Any services rendered to a patient for the purpose of maintaining or restoring the patient's physical or mental health; or
2. Any health related services rendered to a patient for which licensure, registration or certification is required as a pre-condition to the rendering of such services.
"Patient" means an individual who needs help with basic life functions, including those related to personal care services.
"Personal care services" include bathing, toileting, transferring, dressing, grooming, and assistance with ambulation, exercise, or other aspects of personal hygiene.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 13 - HEALTH CARE SERVICE FIRMS › Section 13:45B-13.3 - Initial registration requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in 13:45B-13.4, each health care service firm shall register with the Division by submitting the following, on forms provided by the Director:
1. A registration form, which shall include the following information:
i. The name of the health care service firm and any fictitious or trade name used in its operation and the names of health care companies related through joint ownership, boards of directors, officers or principals;
ii. Each primary location including street and street number of the building(s) and place(s) where its business is to be conducted and the addresses of all health care companies related through joint ownership, boards of directors, officers or principals;
iii. The name and residence address of each officer, director, and principal;
iv. The name, residence and business street address, and business telephone number of each person with an ownership interest of 10 percent or more in the agency and the percentage of ownership held; and
v. The name, residence and business street address and business telephone number of each person who is a managing agent of the agency; or, if the managing agent is a corporation, association or other company, its name, street address and telephone number and the names and addresses of its officers and directors;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 13 - HEALTH CARE SERVICE FIRMS › Section 13:45B-13.4 - Firms registered prior to April 3, 1995 and meeting the definition of health care service firm

Current through Register Vol. 56, No. 14, July 15, 2024
A firm registered prior to April 3, 1995 and meeting the definition of a health care service firm shall not be required to comply with the initial registration requirements of 13:45B-13.3(a)1  and 2. Such entity shall, however, comply with the provisions of 13:45B-13.3(a)3  by ensuring that it has filed a $ 10,000 bond with the Director, unless the Director has waived the bond requirement for the reasons set forth therein.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 13 - HEALTH CARE SERVICE FIRMS › Section 13:45B-13.5 - Registration renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A health care service firm shall renew registration on or prior to July 1 of each year by submitting the following, on forms provided by the Director.
1. A renewal application that shall provide the information set forth in 13:45B-13.3(a)1; a certification that no new officers, directors, principals or owners have been added since the previous renewal; a list of primary locations; an updated description of any action taken by another state upon a license held by the health care service firm or by any officer, director, owner or principal of the health care service firm; and an updated description of any violations of Federal or New Jersey State law by the health care service firm or any officer, director, owner or principal of the health care service firm.
2. A $ 10,000 bond, unless the health care service firm has a perpetual bond or the Director has waived the bond requirement for the reasons set forth in 13:45B-13.3(a)3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 13 - HEALTH CARE SERVICE FIRMS › Section 13:45B-13.5A - Audits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Commencing May 21, 2021, and every third year from that date, a health care service firm shall submit an audit to the Division that complies with the requirements of (b) below as part of the renewal of registration required under N.J.A.C. 13:45B-13.5.
(b) The audit required by (a) above shall:
1. Be conducted by a certified public accountant licensed in New Jersey and shall encompass an examination of the health care service firm's financial records, financial statements, the general management of its operations, and its internal control systems;
2. Include an audit report with an unqualified opinion and shall be accompanied by any management letters prepared by the auditor in connection with the audit commenting on the internal controls or management practices of the health care service firm; and
3. Be divided into two components of which:
i. One is a compliance component that evaluates the health care service firm's compliance with laws and rules governing health care service firms; and
ii. One is a financial component that includes an audit of the financial statements and accompanying notes, as specified in the Statements on Auditing Standards issued by the American Institute of Certified Public Accountants.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 13 - HEALTH CARE SERVICE FIRMS › Section 13:45B-13.6 - Prohibited acts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A health care service firm shall not:
1. Recruit or advertise for health care service staff, provide or offer to provide health care services to potential employees, or contract with a health care facility to provide health care services without first obtaining registration;
2. Charge a fee or a liquidated damage charge to any individual employed by the health care service firm or in connection with employment by the firm. If a fee or liquidated damage charge is imposed, the health care service firm shall obtain a license as an employment agency pursuant to N.J.A.C. 13:45B-2;
3. Prevent or inhibit, by contract, any of the individuals it employs from becoming employed by any other person. If the health care service firm charges an individual pursuant to such contract a fee when the individual becomes employed by any other person, the health care service firm shall obtain a license as an employment agency pursuant to N.J.A.C. 13:45B-2; or
4. Knowingly send individuals it employs to, or knowingly continue to render services to, any health care facility not under the jurisdiction of the National Labor Relations Board where a strike or lockout is in progress, for the purpose of replacing individuals who are striking or who are locked out.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 13 - HEALTH CARE SERVICE FIRMS › Section 13:45B-13.7 - Information for patient/employers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every certified home-maker home health aide or health care professional regulated by the Division shall wear an identification tag at all times while providing care to patient/employers receiving home-based services. The identification tag shall include the individual's first name or initial, the full surname, the term reflecting the individual's level of licensure or certification and a photograph of the individual. The letters on the tag shall be of equal size, in type not smaller than one-quarter inch. The size of the identification tag shall be equal to or greater than that of any other identification worn by the individual.
(b) Every health care service firm shall provide patient/employers with a copy of the Consumer Guide to Homemaker-Home Health Aides published by the New Jersey Board of Nursing.
(c) The information required by (b) above shall be provided to patient/employers at least 24 hours prior to the provision of services.
(d) A patient/employer may waive the right to obtain the information required by (b) above within the time frame set forth in (c) above. Such waiver must be in writing and must be maintained for at least two years by the health care service firm. When a patient/employer has waived his or her right to obtain the information within the time frame set forth in (c) above, the information required by (b) above shall be provided to the patient/employer prior to the provision of services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 13 - HEALTH CARE SERVICE FIRMS › Section 13:45B-13.8 - Uncertified and unlicensed individuals providing home-based services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a health care service firm sends an individual who is not licensed or certified as a health care professional to a patient/employer's home to provide home-based services, the health care service firm shall provide to the patient/employer:
1. Written notification that the individual is not a certified homemaker-home health aide or licensed or certified by the Division of Consumer Affairs as a health care professional;
2. A written statement, on the health care service firm's letterhead, indicating:
i. The name and address of the individual; and
ii. The title of any course the individual successfully completed that prepared the individual to provide services to the patient/employer, the date the course was completed and the place at which the course was taken;
3. Certification from the health care service firm that the individual is a United States citizen or legally-documented alien who can legally work in the United States; and
4. Certification from the health care service firm that it has verified the individual's employment history or has obtained two character references for the individual.