reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 14 - PLACEMENT OF HEALTH CARE PRACTITIONERS › Section 13:45B-14.1 - 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:
"Agency" means a health care service firm as defined in 13:45B-13.2 or an employment agency licensed pursuant to 34:8-47 and 48 and operating as a nurses' registry. Agency also means any holder of an employment agency license who places or employs a health care practitioner.
"Health care practitioner" means an individual placed or employed by an agency for the purpose of rendering health care services, as defined in 13:45B-13.2, to an individual. Health care practitioner shall include, but not be limited to, an acupuncturist, athletic trainer, chiropractor, dentist, marriage counsellor, optometrist, orthotist, prosthetist, pharmacist, physician assistant, physician or surgeon, physical, occupational or speech therapist, podiatrist, psychologist, registered nurse, licensed practical nurse, nurse practitioner, a home health aide, a nurse's aide, respiratory therapist or social worker. The term shall also include an individual placed by an agency for the purpose of rendering health care services where a license under State law is not required.
"Health care practitioner supervisor" means a New Jersey licensed physician, or a registered nurse in good standing holding a Bachelor of Science degree in nursing and two years combined public health nursing and progressive professional responsibilities in public health nursing; or a registered nurse in good standing having three years combined public health nursing and progressive professional responsibilities in public health nursing.
"Home care setting" means the personal residence of a patient receiving services of a health care practitioner.
"Licensed" means holding any certification, registration or license required by law as a precondition to the practice of a regulated profession or occupation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 14 - PLACEMENT OF HEALTH CARE PRACTITIONERS › Section 13:45B-14.2 - Application form; minimum information required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An agency shall create an application form for each applicant seeking placement or employment by or through the agency. The application form shall require the following minimum information:
1. The applicant's name, address and telephone number;
2. The applicant's Social Security Number;
3. The type of license held (R.N., L.P.N., H.H.A., N.A.);
4. The license-issuing authority or board;
5. The license number;
6. The license expiration date;
7. The names and addresses of all institutions, patients and agencies worked for within the one year period preceding the date of application, a statement of reasons for leaving each employer and the name(s) of all supervisors having knowledge of the applicant's performance at each location. If the applicant has been employed by more than five employers within the stated one year period, the applicant shall be required to disclose only the five employers immediately preceding the date of application;
8. Areas of actual working experience and period of time during which experience was acquired (for example, I.C.U.--one year, med surg--one year, private residence--one year);
9. The applicant's education (diplomas/degrees held);
10. The applicant's malpractice insurance carrier (name and address), where applicable; and
11. The applicant's malpractice insurance policy number, where applicable.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 14 - PLACEMENT OF HEALTH CARE PRACTITIONERS › Section 13:45B-14.3 - General duties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An agency shall comply with accepted professional standards and principles that apply to furnishing services to be provided by health care practitioners.
(b) An agency shall comply with all Federal, State and local laws and shall not direct, request, condone or aid or abet any health care practitioner in the performance of an unlawful act.
(c) An agency shall employ not less than one health care practitioner supervisor who shall be licensed as an employment agent, provided, however, that a health care service firm may employ a health care practitioner supervisor who need not be licensed as an employment agent.
(d) The agency with the assistance of the health care practitioner supervisor shall be responsible for establishing such practices and procedures as may be necessary to assure the agency's compliance with this subchapter.
(e) An agency shall not submit, record or convey to another agency, information that the agency knows or has reason to know is false, deceptive or misleading.
(f) An agency shall make available for inspection by the Director, or by his or her designated agent, any book, record or account required by law, including these rules, to be made, maintained or kept.
(g) An agency shall retain all records required to be maintained by this regulation for a period of seven years from the date on which the record is required to be made.
(h) An agency shall either maintain, or ensure the existence of, a general liability insurance policy that shall insure against any placed health care practitioner's negligence, malpractice or any other unlawful conduct occurring within the scope of the health care practitioner's placement. The policy shall be in the amount of not less than $ 1,000,000.
(i) An agency shall, upon receipt of a duly authorized release, provide to another agency a copy of all mandated testing and immunization results for the health care practitioner.
(j) The agency and the health care practitioner supervisor shall immediately report any violation of this subchapter to the Executive Director.
(k) The agency and the health care practitioner shall cooperate in providing information to any investigation conducted to determine whether a violation of this subchapter or any applicable statute has occurred.
(
l
) An agency's failure to comply with this subchapter may be deemed good cause within the meaning of 34:8-53, upon notice to the agency and an opportunity to be heard, for the suspension or revocation of licensure or for such other relief or sanctions as may be authorized by law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 14 - PLACEMENT OF HEALTH CARE PRACTITIONERS › Section 13:45B-14.4 - Duty to refer only licensed individuals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When licensure to perform a health care service or function is required by law, an agency shall refer or place only those health care practitioners who are currently licensed or certified and in good standing with their respective New Jersey licensing or registration boards.
(b) A nurses' registry shall not furnish broker services to anyone other than a registered nurse, a practical nurse, or a nurse practitioner/clinical nurse specialist licensed by the State Board of Nursing.
(c) The agency shall, through its health care practitioner supervisor or other designated individual, verify the license status of each individual to be placed or referred prior to the referral or placement. Licensure shall be verified by obtaining a document, which verifies licensure from the Board or Committee that registers or licenses the individual and, within 45 days of obtaining the verification, by personally inspecting the current biennial registration or license or a copy of the current biennial registration or license.
(d) The agency shall maintain a copy of the verification document that it has secured from the Board or Committee that registers or licenses the individual and a copy of the license or registration with the following notation conspicuously written across the entire face of the license: "COPY OF ORIGINAL NOT VALID FOR VERIFYING CURRENT LICENSURE STATUS."
(e) The agency shall maintain a record of licensure verification in which the following information is recorded:
1. The registrant's name and address;
2. The New Jersey board or agency issuing license or registration;
3. The license or registration number;
4. The period for which licensure or registration was issued;
5. The date of license inspection; and
6. The name of the individual making the inspection on behalf of the licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 14 - PLACEMENT OF HEALTH CARE PRACTITIONERS › Section 13:45B-14.5 - Duty to match credentials to need

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An agency shall make diligent inquiry of employers and applicants for employment in order to ascertain the relevant needs of the place of employment and the applicant's qualifications. An agency shall not place or refer an applicant whose qualifications do not reasonably match the needs and requirements of an employer.
(b) An agency shall create a job order for every position, or type of position within a single institution, for which a referral or placement is to be made. The following minimum information shall be entered on the job order:
1. A description of setting (for example, pediatrics, I.C.U., C.C.U., med-surg, home/residence of client);
2. The hours to be worked;
3. The title of position (for example, supervising nurse, staff nurse, charge nurse, clinical specialist);
4. Duties;
5. Special skills or certifications required;
6. Special equipment to be operated; and
7. Special employer policies or limitations to be required.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 14 - PLACEMENT OF HEALTH CARE PRACTITIONERS › Section 13:45B-14.6 - Duty to verify work history

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to placing or referring an applicant, an agency shall:
1. Verify the applicant's work history by confirming employment at all disclosed employment locations for the one year period prior to the date of the application; and
2. Inquire of all employers disclosed on the application form the reason for any termination, resignation or cessation of employment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 14 - PLACEMENT OF HEALTH CARE PRACTITIONERS › Section 13:45B-14.7 - Homemaker-home health aides and agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to place certified homemaker-home health aides, an agency regulated by the Division shall be licensed as a health care service firm. If an agency regulated by the Division is not licensed as a health care service firm, it shall not place certified homemaker-home health aides.
(b) A health care service firm shall only refer or place actively certified homemaker-home health aides that are employed by the agency.
(c) A homemaker-home health aide employed by a health care service firm shall only perform tasks that have either been delegated to him or her by the health care practitioner supervisor or which the health care practitioner supervisor has directed the homemaker-home health aide to perform.
(d) The health care practitioner supervisor shall ensure that the homemaker-home health aide demonstrates that he or she is competent to perform the client care the health care practitioner supervisor delegates.
(e) The health care practitioner supervisor shall document in the patient's record every task that has been delegated to a homemaker-home health aide.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 14 - PLACEMENT OF HEALTH CARE PRACTITIONERS › Section 13:45B-14.9 - Duties relating to placements in home care settings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to referring or placing a health care practitioner in a home care setting, an agency shall assure that an appropriately licensed person evaluates the patient's needs and establishes, in writing, a plan of care. The health care practitioner preparing the plan of care shall sign it and indicate thereon his or her license designation.
(b) An agency shall make referrals or placements consistent with the level of care indicated in the plan of care.
(c) Unless the circumstances of the patient's care or another specific regulatory standard requires otherwise, the health care practitioner supervisor shall, not less than once during each 30-day period during which the health care practitioner is rendering services in the home care setting:
1. Inquire of the health care practitioner and such other persons as may be necessary whether the plan of care is adequate to meet the patient's needs; and
2. Make reasonable inquiry to determine whether the plan of care is being discharged appropriately by the health care practitioner.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 15 - ADVERTISING AND SOLICITATIONS › Section 13:45B-15.1 - Advertisements and solicitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All advertisements offering employment or personnel services or products shall include the advertiser's business name and address as they appear on the license or registration form of the licensed or registered firm. Advertisements for positions within the licensed or registered firm shall also include the advertiser's business name and address as they appear on the license or registration form of the firm. All advertisements shall contain the name and address as it appears on the license, and license number of the entertainment agency.
(b) No person shall misrepresent the identity of an individual or the identity of a company in an advertisement or in a personal, telephoned, telecopied, or mailed solicitation. All advertising and solicitations by any person must disclose the name of the company offering the employment services or products.
(c) Newspaper advertising pertaining to services offered or provided in this State by career consulting or outplacement organizations appearing within or adjacent to help-wanted advertising shall contain the phrase "not an employment agency" in a clear, conspicuous, prominent manner, and in no less than 10-point bold-face type, except that a classified advertisement shall contain the phrase in type no smaller than its text, and in all capital letters.
(d) Any advertising or solicitation for a booking agency shall contain the name, address, and license number of the booking agency.
(e) Copies of all advertisements and solicitations shall be maintained by the licensed or registered firm or entertainment agency in a form suitable for inspection and shall be made available for inspection by the Division for two years following publication or dissemination.
(f) A record of all advertisements and solicitations with date and place of publication or dissemination, including identification of media used, shall be maintained in a form suitable for inspection and made available upon request of representatives of the Division for two years following publication or dissemination.
(g) While performing the functions of an entertainment agent, a booking agent shall carry and provide to job seekers and employers a business card containing his or her license number.
(h) This section shall not apply to temporary help service firms or consulting firms, as defined in 13:45B-1.2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 1 - LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS › Section 13:45C-1.1 - Applicability, scope and definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall apply to all licensees of any board, committee or sub-unit within the Division of Consumer Affairs.
(b) For the purpose of this subchapter, "licensee" shall mean any licensee, permittee, certificate holder or registrant of:
1. The Division of Consumer Affairs;
2. Any professional or occupational licensing board, committee, or other subunit of a board or committee located within the Division; or
3. The Legalized Games of Chance Control Commission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 1 - LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS › Section 13:45C-1.2 - Licensee's duty to cooperate in investigative inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall cooperate in any inquiry, inspection or investigation conducted by, or on behalf of, a board, the Director or the licensee's licensing agency into a licensee's conduct, fitness or capacity to engage in a licensed profession or occupation where said inquiry is intended to evaluate such conduct, fitness or capacity for compliance with applicable statutory or regulatory provisions.
(b) A licensee's failure to cooperate, absent good cause or bona fide claim of a privilege not identified in 13:45C-1.5 as unavailable, may be deemed by the board, the Director, or the licensing agency to constitute professional or occupational misconduct within the meaning of 45:1-21(e)  or the agency's enabling act and thus subject a licensee to disciplinary action pursuant to 45:1-21(h)  or the agency's enabling act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 1 - LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS › Section 13:45C-1.3 - Specific conduct deemed failure to cooperate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following conduct by a licensee may be deemed a failure to cooperate and, therefore, professional or occupational misconduct and grounds for disciplinary action including, but not limited to, suspension or revocation of licensure:
1. The failure to timely respond to an inquiry to provide information in response to a complaint received concerning licensee conduct;
2. The failure to timely provide records related to licensee conduct;
3. The failure to attend any scheduled proceeding at which the licensee's appearance is directed. In the event that a licensee elects to retain counsel for the purpose of representation in any such proceeding, it shall be the licensee's responsibility to do so in a timely fashion. The failure of a licensee to retain counsel, absent a showing of good cause therefor, shall not cause an adjournment of the proceeding;
4. The failure to timely respond or to provide information requested pursuant to a demand under 45:1-18 or other applicable law or to provide access to any premises from which a licensed profession or occupation is conducted. Included within this paragraph shall be the failure to respond to any demand for statement or report under oath, the failure to permit the examination of any goods, ware or item used in the rendition of the professional or occupational service and the failure to grant access to records, books or other documents utilized in the practice of the occupation or profession;
5. The failure to answer any question pertinent to inquiry made pursuant to 45:1-18 or other applicable law unless the response to said question is subject to a bona fide claim of privilege;
6. The failure to make proper and timely response by way of appearance or production of documents to any subpoena issued pursuant to 45:1-18 or as may otherwise be provided by law; or
7. The failure to provide to the Board, the Director or the licensing agency timely notice of any change of address from that which appears on the licensee's most recent license renewal or application.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 1 - LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS › Section 13:45C-1.4 - Failure to comply with Board orders as professional or occupational misconduct

Current through Register Vol. 56, No. 14, July 15, 2024
The failure of a licensee to comply with an order duly entered and served upon the licensee or of which the licensee has knowledge shall be deemed professional or occupational misconduct.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 1 - LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS › Section 13:45C-1.5 - Unavailability of privileges in investigative or disciplinary proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any investigative inquiry conducted pursuant to 45:1-18 or in any disciplinary proceeding conducted pursuant to 45:1-21, or as may otherwise be authorized by law, the physician-patient privilege, psychologist-patient privilege, marriage and family therapist-client privilege, professional counselor-client privilege, associate counselor-client privilege, social worker-client privilege and the alcohol and drug counselor-client privilege shall be unavailable.
(b) Any statements or records otherwise subject to a claim of the stated privileges which may be obtained by the Board, its agent or the Attorney General pursuant to 45:1-18 shall remain confidential and shall not be disclosed unless so ordered by a court of competent jurisdiction, the appropriate licensing board or the Office of Administrative Law in a contested case.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 1 - LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS › Section 13:45C-1.6 - Maintenance of and access to statements, records or other information that is subject to a privilege declared unavailable

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any statements, records or other information which may be subject to any privilege declared unavailable in this subchapter shall be maintained in a secure place and manner by:
1. The evidence custodian within the Division of Consumer Affairs, Enforcement Bureau;
2. The professional or occupational licensing board and the committee or other subunit of a board or committee located within the Division which has a direct connection with, or a need for access to, the matter to which the statements, records or other information pertain; or
3. A Deputy Attorney General.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 2 - WAIVERS FROM REGULATORY REQUIREMENTS; APPLICATION › Section 13:45C-2.1 - Applicability; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter shall apply to all licensees of the Division of Consumer Affairs, of any board, committee or unit within the Division of Consumer Affairs, and of the Legalized Games of Chance Control Commission; to all applicants for licensure by the Division, such boards, committees or units or the Commission; and to persons whose conduct is subject to, or regulated by, the laws and rules administered by the Division of Consumer Affairs, by any board, committee or unit within the Division of Consumer Affairs or by the Commission. For the purposes of this subchapter, units within the Division include, for example, the Bureau of Securities, the Charities Registration Unit and the Office of Weights and Measures.
(b) The purpose of the rules in this subchapter is to authorize boards, committees, and units within the Division, pursuant to the standards and according to the requirements enunciated in the rules, to waive a specific regulatory requirement in circumstances specified in the subchapter where the grant of a waiver will not compromise the spirit and intent of the agency's statutory goals of providing consumer protection or pose a risk to the health, safety, or welfare of the public. The rules of this subchapter do not grant authority to such boards, committees, and units to waive statutory requirements. A waiver under this subchapter shall not excuse a failure to obtain a license, permit, or other authorization required by ordinance, statute, or rule to be obtained from a unit within the Division or from another governmental agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 2 - WAIVERS FROM REGULATORY REQUIREMENTS; APPLICATION › Section 13:45C-2.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For purposes of this subchapter, the following words shall have the following meaning, unless the context indicates otherwise:
"Agency" means:
1. The Division;
2. Any professional or occupational licensing board, committee or subunit of a board or committee located within the Division; or
3. The Commission.
"Applicant" means any person applying for a license, permit, certificate or registration issued by an agency.
"Commission" means the Legalized Games of Chance Control Commission.
"Division" means the Division of Consumer Affairs and all units within the Division of Consumer Affairs, including, without limitation the Bureau of Securities, the Charities Registration Unit and the Office of Weights and Measures.
"Licensee" means any licensee, permittee, certificate holder or registrant of an agency.
"Person" means any natural person, partnership, corporation, company, association or other business or non-profit entity.
"Regulated person" means a person, other than an applicant or licensee, whose commercial or not-for-profit activities are subject to, or regulated by, the laws and rules administered by an agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 2 - WAIVERS FROM REGULATORY REQUIREMENTS; APPLICATION › Section 13:45C-2.3 - Application for waiver request by licensee or applicant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee or an applicant may apply to an agency for a waiver or relaxation of a specific regulatory requirement when strict compliance with that requirement would lead to an unfair, burdensome or incongruous result; would conflict with the rules of another agency; or would result in undue hardship, economic or otherwise, provided that the waiver or relaxation of the regulatory requirements would not unduly burden any affected parties, and that the waiver is consistent with the underlying purposes of the agency's laws and rules.
(b) A licensee or an applicant shall submit a waiver request in writing which shall be timely and shall include the following:
1. The specific rule(s) or part(s) of the rule(s) for which the waiver is requested;
2. The reasons for requesting the waiver, including a statement detailing the hardship that would result to the licensee or applicant if the waiver is not approved; and
3. Documentation that supports the licensee's or applicant's request for the waiver, if applicable.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 2 - WAIVERS FROM REGULATORY REQUIREMENTS; APPLICATION › Section 13:45C-2.4 - Application for waiver request by regulated person

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A regulated person may apply to an agency for a waiver or relaxation of a specific regulatory requirement when strict compliance with that requirement would conflict with the rules of another agency, would be unduly burdensome or would result in undue hardship, economic or otherwise, provided that the waiver or relaxation of the regulatory requirements would not unduly burden any affected parties, and that the waiver is consistent with the underlying purposes of the agency's laws and regulations.
(b) A regulated person shall submit a waiver request in writing, which shall be timely and shall include the following:
1. The specific rule(s) or part(s) of the rule(s) for which the waiver is requested;
2. The reasons for requesting the waiver, including a statement detailing the hardship that would result to the regulated person if the waiver is not approved; and
3. Documentation that supports the regulated person's request for the waiver, if applicable.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 2 - WAIVERS FROM REGULATORY REQUIREMENTS; APPLICATION › Section 13:45C-2.5 - Agency authority not limited

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained in this subchapter shall limit, diminish or abrogate the authority of an agency to take such action as is available to it under applicable law or agency rule.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 3 - PERFORMANCE-BASED OUTCOMES › Section 13:45C-3.1 - Applicability; scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter shall apply to alleged violations of the rules and regulations of the Division of Consumer Affairs, each board, committee and unit within the Division of Consumer Affairs and the Legalized Games of Chance Control Commission. For the purposes of this subchapter, units within the Division include, for example, the Bureau of Securities, the Charities Registration Unit and the Office of Weights and Measures.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 3 - PERFORMANCE-BASED OUTCOMES › Section 13:45C-3.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For purposes of this subchapter, the following words shall have the following meaning, unless the context indicates otherwise:
"Agency" means:
1. The Division;
2. Any professional or occupational licensing board, committee or subunit of a board or committee located within the Division; or
3. The Legalized Games of Chance Control Commission.
"Charging document" means a document issued by an agency to commence an enforcement action including, but not limited to, an administrative complaint, provisional order of discipline, notice of violation or uniform penalty letter.
"Division" means the Division of Consumer Affairs and all units within the Division of Consumer Affairs, including, without limitation the Bureau of Securities, the Charities Registration Unit and the Office of Weights and Measures.
"Licensee" means any licensee, permittee, certificate holder or registrant of an agency.
"Person" means any natural person, partnership, corporation, company, association or other business or non-profit entity.
"Regulated person" means a person, other than an applicant or licensee, whose commercial or not-for-profit activities are subject to, or regulated by, the laws and rules administered by an agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 3 - PERFORMANCE-BASED OUTCOMES › Section 13:45C-3.3 - Resolving alleged violations without enforcement proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An agency that finds that there is a basis on which to file or issue a charging document to commence an enforcement proceeding against a person, at its discretion in appropriate circumstances and consistent with applicable law, may pursue measures to encourage the person to comply with the agency's rules rather than impose discipline or penalties.
(b) In exercising its discretion, the agency may consider, by way of example and not limitation, the following:
1. Whether the person made a good faith effort to comply;
2. The impact of the alleged violation on the quality of the product or service provided;
3. The impact of the alleged violation on the consumer for whom the product or service was provided;
4. The impact of the alleged violation on the public health, safety and welfare;
5. Whether the alleged violation is a first time violation or the same or similar to violations previously committed by the person;
6. Whether the alleged violation is isolated paperwork or procedural regulatory noncompliance; and/or
7. The seriousness of the alleged violation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 4 - ANTI-DISCRIMINATION › Section 13:45C-4.1 - Applicability and definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall apply to all persons licensed, certified, registered, or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a profession or occupation.
(b) The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Board" means any professional or occupational licensing board, committee, or sub-unit of a board or committee within the Division.
"Director" means the Director of the Division of Consumer Affairs.
"Division" means the Division of Consumer Affairs.
"Engage in a reprisal" means to, in any way that has a direct or substantial relationship to the activity regulated by a board:
1. Take any retaliatory action against a person because that person has, with respect to rights afforded, or practices or acts prohibited, under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (the NJLAD), or any other applicable Federal or State civil rights or antidiscrimination law:
i. Opposed any prohibited practices or acts;
ii. Sought legal advice;
iii. Shared relevant information with legal counsel;
iv. Shared information with a governmental entity; or
v. Filed a complaint or testified or assisted in any proceeding; or
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 4 - ANTI-DISCRIMINATION › Section 13:45C-4.2 - Prohibited conduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who has been found in an administrative proceeding brought before a board or before the Office of Administrative Law to have engaged in prohibited discrimination against any current or prospective client, patient, student, supervisee, colleague, or employee shall be deemed to have engaged in professional or occupational misconduct within the meaning at N.J.S.A. 45:1-21.e, and may be subject to discipline.
(b) A licensee who has been found by a court or a State or Federal agency of competent jurisdiction to have engaged in prohibited discrimination against any current or prospective client, patient, student, supervisee, colleague, or employee shall be deemed to have engaged in professional or occupational misconduct within the meaning at N.J.S.A. 45:1-21.e, and may be subject to discipline.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45C - UNIFORM REGULATIONS › Subchapter 4 - ANTI-DISCRIMINATION › Section 13:45C-4.3 - Reprisals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who has been found in an administrative proceeding brought before a board or before the Office of Administrative Law to have engaged in a reprisal against any person shall be deemed to have engaged in professional or occupational misconduct within the meaning at N.J.S.A. 45:1-21.e, and may be subject to discipline.
(b) A licensee who has been found by a court or a State or Federal agency of competent jurisdiction to have engaged in a reprisal against any person shall be deemed to have engaged in professional or occupational misconduct within the meaning at N.J.S.A. 45:1-21.e, and may be subject to discipline.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 1 - GENERAL PROVISIONS › Section 13:45D-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter implement the provisions of the Consumer Fraud Act, 56:8-1 et seq. as amended by P.L. 2003, c. 76 (56:8-119 et seq.) by providing procedures for the regulation of telemarketers and establishing standards to facilitate enforcement of the requirements of the Act. The rules establish the Division's no telemarketing call list by recognizing the telephone numbers of New Jersey customers on the National Do Not Call Registry established by the Federal Trade Commission or any other successive telemarketing registry created by the Federal government or any telemarketing registry established by the Division as the Division's no telemarketing call list.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 1 - GENERAL PROVISIONS › Section 13:45D-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
These rules apply to telemarketers who make residential telemarketing sales calls to New Jersey customers and provide those who do not wish to receive unsolicited telemarketing sales calls a procedure to limit or eliminate such calls.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 1 - GENERAL PROVISIONS › Section 13:45D-1.4 - Fees; no telemarketing call list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall charge the following telemarketer registration fees:
1.
Simultaneous outgoing call capacity of one to five telemarketing
sales calls ....................$ 150.00;
2.
Simultaneous outgoing call capacity of six to 15 telemarketing sales
calls ....................$ 500.00;
3.
Simultaneous outgoing call capacity of 16 or more telemarketing sales
calls ....................$ 2,000.
(b) If, in the future, the Division does not use the Federal Do Not Call Registry and establishes its own no telemarketing call list, the list shall be distributed to registered telemarketers quarterly as part of their registration fee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 2 - NO TELEMARKETING CALL LIST › Section 13:45D-2.1 - No telemarketing call list

Current through Register Vol. 56, No. 14, July 15, 2024
The New Jersey no telemarketing call list is that list which contains the telephone numbers of New Jersey customers who are on the do-not-call registry created, maintained and made available by the Federal government or any telemarketing registry established by the State.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 3 - TELEMARKETER REGISTRATION › Section 13:45D-3.1 - Requirement for a telemarketer to register

Current through Register Vol. 56, No. 14, July 15, 2024
A telemarketer shall not engage in telemarketing to a customer unless the telemarketer is registered with the Division pursuant to the requirements of this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 3 - TELEMARKETER REGISTRATION › Section 13:45D-3.2 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each telemarketer shall annually register with the Division by submitting the following, on forms provided by the Director:
1. The name and street address of each location at which telemarketing is to be conducted from and any fictitious or trade name to be used by the telemarketer;
2. The type of business organization;
3. The name and residence and business street address of each officer, director, and principal;
4. 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 telemarketing business and the percentage of ownership held;
5. The telephone number or numbers that the telemarketer will be using to make telemarketing sales calls and the name of its telephone service provider;
6. The telemarketer's simultaneous outgoing call capacity;
7. Whether the entity, each officer, director, principal or owner of a telemarketing business has been adjudged liable in an administrative or civil action involving theft, fraud or deceptive business practices. For the purposes of this paragraph, a judgment of liability in an administrative or civil action shall include, but not be limited to, any finding or admission that the entity, officer, director, principal or owner of a telemarketing business engaged in an unlawful practice or practices related to fraud, deceptive trade practices, relating to the license to do business or practice an occupation or trade regardless of whether that finding was made in the context of an injunction, a proceeding resulting in the denial, suspension or revocation of an organization's registration, consented to in an assurance of voluntary compliance or any similar order or legal agreement with any State or Federal agency;
8. The name and address of an agent in the State of New Jersey for service of process; and
9. The name and address of any seller(s) with whom or on whose behalf the telemarketer has contracted to make any telemarketing calls.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 3 - TELEMARKETER REGISTRATION › Section 13:45D-3.3 - Disclosure statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant shall file a disclosure statement with the Director stating whether the applicant has been convicted of any violations of the following provisions of the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, or the equivalent under the laws of any other jurisdiction:
1. Any crime of the first degree;
2. Any crime which is a second or third degree crime and is a violation of Chapter 20 or 21 of Title 2C of the New Jersey Statutes; or
3. Any other crime which is a violation of 2C:5-1 and 2C:5-2 (conspiracy), 2C:12-3 (terroristic threats), 2C:15-1 (robbery), 2C:18-2 (burglary), 2C:20-4 (theft by deception), 2C:20-5 (theft by extortion), 2C:20-7 (receiving stolen property), 2C:20-9 (theft by failure to make required disposition of property received), 2C:21-1 (forgery and other related offenses), 2C:21-2 (criminal simulation), 2C:21-2.1 (fraud relating to driver's license or other document issued by governmental agency to verify identity or age; simulation), 2C:21-2.3 (fraud relating to motor vehicle insurance identification card; production or sale), 2C:21-3 (frauds relating to public records and recordable instruments), 2C:21-4 (falsifying or tampering with records), 2C:21-5 (bad checks), 2C:21-6 (fraud relating to credit cards), 2C:21-7 (deceptive business practices), 2C:21-9 (misconduct by corporate official), 2C:21-10 (commercial bribery and breach of duty to act disinterestedly), 2C:21-11 (rigging publicly exhibited contest), 2C:21-12 (defrauding secured creditors), 2C:21-13 (fraud in insolvency), 2C:21-14 (receiving deposits in a failing financial institution), 2C:21-15 (misapplication of entrusted property and property of government of financial institution), 2C:21-16 (securing execution of documents by deception), 2C:21-17 (impersonation; theft of identity), 2C:21-19 (wrongful credit practices and related offenses), 2C:21-25 (money laundering and illegal investment), 2C:27-2 (bribery in official and political matters), 2C:27-3 (threats and other improper influence in official and political matters), 2C:27-4 (compensation for past official action), 2C:27-5 (retaliation for past official action), 2C:27-6 (gifts to public servants), 2C:27-9 (public servant transacting business with certain persons), 2C:28-1 (perjury), 2C:28-2 (false swearing), 2C:28-3 (unsworn falsification to authorities), 2C:28-4 (false reports to law enforcement officials), 2C:28-5 (tampering with witnesses and informants; retaliation against them), 2C:28-6 (tampering with or fabricating physical evidence), 2C:28-7 (tampering with public records or information), 2C:28-8 (impersonating a public servant or law enforcement officer), 2C:30-2 (official misconduct), or 2C:30-3 (speculating or wagering on official action or information).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 3 - TELEMARKETER REGISTRATION › Section 13:45D-3.4 - Duty to update information

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever any information required to be included in the disclosure statement changes, or if additional information should be added after the filing of the statement, the applicant shall provide that information to the Director, in writing, within 30 calendar days of the change or addition. Whenever any other information filed with the Director pursuant to the Act or this chapter has changed, the applicant shall provide that information to the Director, in writing, within 30 business days of the change or addition.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 3 - TELEMARKETER REGISTRATION › Section 13:45D-3.5 - Registration fee

Current through Register Vol. 56, No. 14, July 15, 2024
A telemarketer shall submit with its annual registration application the fee specified in 13:45D-1.4(a).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 3 - TELEMARKETER REGISTRATION › Section 13:45D-3.6 - Requirement to cooperate

Current through Register Vol. 56, No. 14, July 15, 2024
A telemarketer applicant seeking to register with the Division shall have the continuing duty to provide any assistance or information, and to produce any records requested by the Director, and to cooperate in any inquiry, investigation or hearing conducted by the Director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 3 - TELEMARKETER REGISTRATION › Section 13:45D-3.7 - Refusal to issue, suspension or revocation of registration; hearing; other sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director may refuse to issue or renew, or suspend or revoke any registration issued by the Division for:
1. Failure to comply with, or for a violation of, 56:8-119 et seq. or any provision of this chapter; or
2. Any entity, officer, director, principal or owner of a telemarketing business having been adjudged liable in an administrative or civil action involving theft, fraud or deceptive business practices. For the purposes of this paragraph, a judgment of liability in an administrative or civil action shall include, but not be limited to, any finding or admission that the entity, officer, director, principal or owner engaged in an unlawful practice or practices related to fraud, deceptive trade practices, relating to the license to do business or practice an occupation or trade regardless of whether that finding was made in the context of an injunction, a proceeding resulting in the denial, suspension or revocation of an organization's registration, consented to in an assurance of voluntary compliance or any similar order or legal agreement with any State or Federal agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45D - TELEMARKETING: DO NOT CALL › Subchapter 3 - TELEMARKETER REGISTRATION › Section 13:45D-3.8 - Registration number property of State

Current through Register Vol. 56, No. 14, July 15, 2024
Each registration number issued by the Director to a telemarketer remains the property of the State of New Jersey. If the Director suspends, fails to renew, or revokes a registration, the telemarketer shall immediately return the registration number to the Director.