reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 6 - INSURANCE VERIFICATION › Section 13:18-6.6 - Existence of "allowable circumstances"; avoidance of suspension; proof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of section 50 of the FAIR Act ( N.J.S.A. 17:33B-41), the Chief Administrator deems the existence of the following circumstances sufficient good cause to avoid the suspension of a vehicle registration after notice of cancellation of motor vehicle liability insurance has been received by the Commission:
1. The owner has transferred ownership of the vehicle to a third party as evidenced by the owner's surrender to the Commission of the registration certificate (including any duplicate registration certificate and family registration certificate), and registration plates for the vehicle pursuant to 13:21-5.10 or the Commission's issuance of a transfer registration to another vehicle for the unexpired portion of the registration period of the original vehicle pursuant to 39:3-30;
2. The vehicle is inoperable or not in use. The owner must submit to the Commission a statement setting forth a description of the vehicle, including the vehicle identification number and registration plate number issued therefor, and the condition of the vehicle which makes it inoperable and/or setting forth the reason why the vehicle is not being used by the owner. The owner must also surrender to the Commission the registration certificate (including any duplicate registration certificate and family registration certificate), and registration plates for the vehicle;
3. The owner has established domicile in a State other than New Jersey as evidenced by the issuance of a certificate of ownership or registration certificate and registration plates for the vehicle by the State of domicile and the surrender of the New Jersey registration certificate (including any duplicate registration certificate and family registration certificate), and registration plates for the vehicle to the Commission;
4. The owner has qualified as a self-insurer as evidenced by a certificate of self-insurance issued by the Department of Banking and Insurance pursuant to 39:6-52; or
5. The owner has removed or will remove the vehicle from the United States in North America and the Dominion of Canada for the purpose of international traffic as evidenced by his or her submission of the statement specified in 13:18-6.7.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 6 - INSURANCE VERIFICATION › Section 13:18-6.7 - Removal of vehicle from United States and Canada; proof thereof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of section 50c(2) of the FAIR Act (N.J.S.A. 17:33B-41c(2) ), the statement to be filed with the Chief Administrator by a vehicle owner prior to the date of cancellation of motor vehicle insurance coverage for a vehicle which has been or will be removed from the United States in North America and the Dominion of Canada for the purpose of international traffic shall include the following proof that said vehicle has been or will be so removed:
1. A shipping document issued to the vehicle owner by the United States Customs Service prior to the date of motor vehicle insurance coverage cancellation for the vehicle which indicates that the vehicle has been or will be removed from the United States in North America and the Dominion of Canada;
2. A bill of lading and receipt issued to the vehicle owner by the common carrier transporting the vehicle which confirms that said vehicle has been or will be removed from the United States in North America and the Dominion of Canada; or
3. Any other similar proof deemed acceptable by the Chief Administrator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 6 - INSURANCE VERIFICATION › Section 13:18-6.8 - Rescission of suspension; requirements; limitation; calculation of time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief Administrator, in his or her discretion, may rescind an order of suspension of a vehicle registration and an order of suspension of a driver's license pursuant to subsections d and g of section 50 of the FAIR Act (N.J.S.A. 17:33B-41d and 41g) if the owner of the vehicle satisfies the following requirements:
1. Pays or causes to be paid to the Commissioner of Banking and Insurance, or the Chief Administrator as his or her designee, a civil penalty in the amount of $4.00 for each day up to 90 days for which motor vehicle liability insurance was not in effect after cancellation for nonpayment of premium; and either
i. Surrenders or causes to be surrendered to the Chief Administrator, or his or her designee, the registration certificate (including any duplicate registration certificate and family registration certificate) and registration plates for the vehicle not more than 90 days from the date of cancellation of motor vehicle liability insurance coverage; or
ii. Files or causes to be filed with the Chief Administrator, or his or her designee, proof of motor vehicle liability insurance in a form specified in 13:18-6.5 which was effective not more than 90 days from the date of cancellation of motor vehicle liability insurance coverage and which remains in effect.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 6 - INSURANCE VERIFICATION › Section 13:18-6.9 - Return of surrendered registration plates to registrant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In those instances in which a registrant has surrendered registration plates to the Commission pursuant to 17:33B-41 and thereafter acquires motor vehicle liability insurance and furnishes proof of same to the Chief Administrator as required by 17:33B-41 and this subchapter, the Commission shall return to the registrant a valid set of replacement registration plates upon payment to the Commission of the fee for the set of replacement plates as set forth in 13:20-34.5(b).
(b) If a registrant seeking the return of surrendered registration plates in accordance with (a) above desires plates which contain the same combination of letters and numbers as had been contained on the surrendered plates, he or she shall first be issued a set of replacement plates at the fee as set forth in 13:20-34.5(b). Upon receipt of the replacement registration plates, the registrant may apply to the Commission for plates which contain the same combination of letters and numbers as had been contained on the surrendered plates. Plates which contain the specific combination of letters and numbers requested, unless already issued to another registrant or unless such issuance is prohibited by 39:3-33.5, shall be issued to the registrant upon payment to the Commission of the fee for the set of such plates as set forth in 13:20-34.5(a)3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 6 - INSURANCE VERIFICATION › Section 13:18-6.10 - Confidentiality of information

Current through Register Vol. 56, No. 14, July 15, 2024
All information contained in the reports submitted by insurers pursuant to the requirements of this subchapter shall be confidential and such reports shall not be subject to public inspection or copying pursuant to the "Open Public Records Act," 47:1A-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 6 - INSURANCE VERIFICATION › Section 13:18-6.11 - Operative date

Current through Register Vol. 56, No. 14, July 15, 2024
Subsections a through g of section 50 of the FAIR Act (N.J.S.A. 17:33B-41d through 41g) shall become operative as of the effective date of the adoption of this subchapter by the Commission (that is, June 3, 1991), in accordance with P.L. 1990, c.8, §103 (17:33B-1 Note).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 9 - UNINSURED MOTORISTS › Section 13:18-9.1 - Security deposits for uninsured motorists

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A deposit from an uninsured motor vehicle owner or operator to secure the payment of any reimbursement of the Unsatisfied Claim and Judgment Fund for the payment of personal injury protection benefits the Fund has made or shall make pursuant to 39:6-86.1 or 39:6-86.4, or any judgment or judgments which may be rendered against him or her for damages arising out of a motor vehicle accident in which such an individual has been involved shall be required in those situations where:
1. The uninsured owner or operator has been involved in an accident resulting in injury to a passenger in his or her vehicle and the passenger is not otherwise protected by an automobile insurance policy;
2. The uninsured owner or operator has been involved in an accident resulting in injury to a pedestrian or bicyclist who is not otherwise protected by an automobile insurance policy;
3. The uninsured owner or operator has been involved in an accident resulting in injury to a non-resident motorist who is not protected by uninsured motorist coverage;
4. The uninsured owner or operator has been involved in an accident resulting in damage to property other than a motor vehicle;
5. The uninsured owner or operator has been involved in an accident resulting in the filing of a claim by a qualified individual against the Unsatisfied Claim and Judgment Fund for payment of personal injury protection benefits pursuant to 39:6-86.1 or 39:6-86.4; or
6. The Chief Administrator of the Motor Vehicle Commission determines a deposit of security to be necessary in view of the total insurance protection available to an injured party.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 10 - ADVERTISING ON COMMISSION EQUIPMENT, FACILITIES, AND PROPERTY › Section 13:18-10.2 - Advertising appropriateness and suitability criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Motor Vehicle Commission (Commission) shall not accept any advertisement(s) to be displayed or maintained in the interior or on the exterior of any equipment or facility owned or leased by the Commission, in any mailing the Commission conducts, and/or in any publication it produces, if the advertisement or information contained in the advertisement:
1. Is false, misleading, deceptive, disrespectful, fraudulent, or libelous;
2. Contains material or language that is profane, or vulgar;
3. Contains obscene material as defined by
2C:34-3
;
4. Promotes unlawful or illegal goods, services, or activities;
5. Promotes gambling, the sale or use of tobacco or tobacco-related products, or the sale or use of alcoholic beverages;
6. Promotes the sale or use of products designed for use in connection with sexual activity;
7. Depicts or glamorizes violent or antisocial behavior or sexual conduct;
8. Displays weapons;
9. Declares or implies an endorsement by the Commission without prior written authorization by the Commission;
10. Is political, religious, or controversial in nature; or
11. Is not in the best business-interest of the Commission or is not in the best interest of the public.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 10 - ADVERTISING ON COMMISSION EQUIPMENT, FACILITIES, AND PROPERTY › Section 13:18-10.3 - Advertising Standards Committee; final determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief Administrator of the Motor Vehicle Commission shall establish a three-member Advertising Standards Committee (Committee), whose determinations shall inform the Motor Vehicle Commission's final agency determination.
(b) The Committee shall review each advertisement submitted for installation or display to determine whether the advertisement falls within, or may fall within, one or more of the categories set forth in 13:18-10.2. The Committee shall promptly provide the Chief Administrator with a report of its determination setting forth the reason(s) for the determination.
(c) The Chief Administrator shall consider the Committee's report, in addition to any other factors deemed relevant by the Chief Administrator, prior to making a determination as to whether the submitted advertising falls within one or more of the categories set forth in 13:18-10.2. The determination of the Chief Administrator regarding the appropriateness and suitability of any proposed advertising shall be final.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 11 - ORGANIZATION OF THE MOTOR VEHICLE COMMISSION › Section 13:18-11.1 - Motor Vehicle Commission organizational structure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Motor Vehicle Commission consists of the Chair and Chief Administrator and such offices and other organizational units as allowed by law and as necessary to carry out the Commission's statutory mandates. The executive unit is structured as deemed necessary by the Chair and Chief Administrator for the efficient functioning of the Commission.
(b) The Motor Vehicle Commission has a Deputy Chief Administrator and a Chief of Staff.
(c) The Motor Vehicle Commission has Deputy Administrators overseeing organizational units, as follows:
1. Financial Management;
2. Human Resources;
3. Compliance and Safety;
4. Security, Investigations and Internal Audit;
5. Regulatory and Legal Affairs;
6. Communications;
7. Facilities and Support Services;
8. Business and Government Operations;
9. Agency Services;
10. Information Technology;
11. Inspection Services;
12. Procurement; and
13. Customer Information and Advocacy.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 11 - ORGANIZATION OF THE MOTOR VEHICLE COMMISSION › Section 13:18-11.2 - Public information requests and submissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as may be otherwise provided in 13:18-11.5, a member of the public may obtain information or make a submission or a request by writing to the Office of the Chief Administrator, Motor Vehicle Commission, 225 East State Street, PO Box 160, Trenton, New Jersey 08666-0160.
(b) A member of the public seeking general information may telephone the Motor Vehicle Commission by calling 1-609-292-6500.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 11 - ORGANIZATION OF THE MOTOR VEHICLE COMMISSION › Section 13:18-11.5 - Procedure for record examination or request to purchase government records

Current through Register Vol. 56, No. 14, July 15, 2024
A person may request a copy of a government record of the Motor Vehicle Commission not specified in this subchapter, or make inquiry concerning the inspection, copying, or examination of a government record not specified in this subchapter, by contacting:
Official Custodian of Records
New Jersey Motor Vehicle Commission
225 East State Street
PO Box 122
Trenton, NJ 08666-0122
Attn: Manager, Bureau of Information Update and Retrieval
Telephone: (609) 292-4572
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 11 - ORGANIZATION OF THE MOTOR VEHICLE COMMISSION › Section 13:18-11.6 - Extension of the public comment period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Motor Vehicle Commission in accordance with the New Jersey Administrative Procedure Act, 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, may extend the time for submission of public comments on a proposed rulemaking at its discretion without the need for a specific request or the demonstration of sufficient public interest.
(b) The Motor Vehicle Commission in accordance with the New Jersey Administrative Procedure Act, 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, shall extend the time for submission of public comments for an additional 30-day period if, within 30 days of the publication of a notice of proposal, sufficient public interest is demonstrated in an extension of time to submit comments.
(c) Sufficient public interest is demonstrated in an extension of the comment period when 50 or more individuals have expressed the need for the extension of the comment period.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 11 - ORGANIZATION OF THE MOTOR VEHICLE COMMISSION › Section 13:18-11.7 - Conducting a public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Motor Vehicle Commission in accordance with the New Jersey Administrative Procedure Act, 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, may conduct a public hearing on a proposed rulemaking at its discretion without the need for a specific request or the demonstration of sufficient public interest.
(b) The Motor Vehicle Commission in accordance with the New Jersey Administrative Procedure Act, 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, shall hold a public hearing on a proposed rulemaking at the request of a committee of the Legislature, or a governmental agency or subdivision, or if sufficient public interest is demonstrated within 30 days of the publication of the proposed rulemaking in the New Jersey Register.
(c) Sufficient public interest is demonstrated with regard to the conducting of a public hearing when 100 or more individuals have either expressed the need for a public hearing on the rule proposal or disagreement with one or more substantive provisions of the rule proposal.
(d) The Motor Vehicle Commission shall not consider, in the calculation of the number of comments received under (c) above, those comments that relate to specific recommended changes in the rules that the Motor Vehicle Commission has agreed to make or does not have the legal authority to make.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 11 - ORGANIZATION OF THE MOTOR VEHICLE COMMISSION › Section 13:18-11.8 - Notice of rulemaking proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Motor Vehicle Commission causes a rulemaking notice of proposal to be published in the New Jersey Register, the Motor Vehicle Commission shall distribute a notice of the rulemaking notice to the news media maintaining a press office in the State House Complex.
(b) When the Motor Vehicle Commission causes a rulemaking notice of proposal to be published in the New Jersey Register, the Motor Vehicle Commission shall make available on its internet website (
http://www.state.nj.us/mvc
) a notice of the rulemaking notice of proposal.
(c) When the Motor Vehicle Commission causes a rulemaking notice of proposal to be published in the New Jersey Register, the Motor Vehicle Commission shall mail either the notice of proposal, as filed, or a statement of the substance of the proposed action to those persons who have made timely requests to the Motor Vehicle Commission for notice of its rulemaking activity.
(d) When the Motor Vehicle Commission causes a rulemaking notice of proposal to be published in the New Jersey Register, the Motor Vehicle Commission shall mail the notice of proposal, as filed, to a distribution list of organized entities that are the subject of or significantly related to the notice of proposal.
(e) When the Motor Vehicle Commission causes a rulemaking notice of proposal to be published in the New Jersey Register, the Motor Vehicle Commission shall post the notice of proposal, as filed, or a statement of the substance of the proposed action in the lobby of the Motor Vehicle Commission's administrative office at 225 East State Street, Trenton, New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 18 - EXECUTIVE AND ADMINISTRATIVE SERVICE › Subchapter 11 - ORGANIZATION OF THE MOTOR VEHICLE COMMISSION › Section 13:18-11.9 - Waiver from rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person or entity may seek a waiver from one or more provisions of the Motor Vehicle Commission's rules, provided the person or entity demonstrates that compliance represents an undue hardship and the Chief Administrator, or his or her designee, determines that such waiver is consistent with the general purpose and intent of the Motor Vehicle Commission's enabling statutes, rules, and mission.
(b) A person or entity seeking a waiver shall submit the request in writing to the Office of the Chief Administrator at the address set forth in
13:18-11.2
and shall include the following:
1. The specific rule(s) or part(s) of the rule for which a waiver is requested;
2. The specific reason(s) justifying the waiver, including a statement of the type and degree of hardship that would result if the waiver were not granted;
3. An alternative proposal to ensure the safety and welfare of the public;
4. Documentation that supports the waiver request and all assertions made in the request, if applicable;
5. A statement addressing how the waiver would fulfill the purpose and intent of the Motor Vehicle Commission's enabling statutes, rules, and missions; and
6. Such other additional documentation that the Chief Administrator, or his or her designee, determines necessary and appropriate for evaluation and review of the waiver request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 1 - ADMINISTRATIVE HEARINGS › Section 13:19-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply to administrative hearings in cases involving denial, revocation, suspensions or refusal to renew licenses, examination permits, special learner's permits, nondriver identification cards, motorized bicycle licenses, motorized bicycle learner's permits, or driving privileges, including cases involving imposition of insurance surcharges pursuant to 17:29A-35. However, the provisions of this subchapter shall not apply to hearings in fatal accident cases in which the Commission has initiated administrative suspension action against a licensee pursuant to subsection b, c, or e of 39:5-30; requests for hearings and the scheduling and conduct of same in such cases are governed by the provisions of subsection b or e of 39:5-30.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 1 - ADMINISTRATIVE HEARINGS › Section 13:19-1.2 - Requests for hearings; disposition of hearing requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The proposed action to be taken against any licensee by the Commission shall become effective on the date set forth in the notice except when otherwise specified, unless the licensee or his or her attorney shall make a request, in writing, for a hearing within 25 days from the date of notice.
(b) Requests for a hearing shall, except as specified in (c) below and in 13:19-12.2(b), be sent to the following address:
Motor Vehicle Commission
Scheduling Unit
PO Box 166
Trenton, New Jersey 08666-0166
(c) Requests for a hearing by a person or entity whose business license (that is, motor vehicle dealer license, private inspection facility license, motor vehicle emission repair facility registration, motor vehicle emission inspector license, diesel emission inspection center license, auto body repair facility license, junk yard license, sun-screening material installation facility registration, driving school license or driving school instructor's license) is proposed to be suspended or revoked shall be sent to the address specified by the Commission in its notice of proposed suspension or revocation.
(d) Requests for a hearing shall specify all disputed material facts which the licensee or his or her attorney intends to raise at such hearing. Requests for a hearing shall also set forth all legal issues which the licensee or his or her attorney intends to raise, and shall present all arguments on those issues which the licensee wishes the Commission to consider.
(e) When a hearing request fails to set forth any disputed material fact and fails to set forth any legal issue or any argument on an issue, the request for a hearing shall be denied. The Commission shall notify the licensee of this denial and the grounds thereof, and shall notify the licensee that the proposed action shall become effective on such date as the Commission shall specify. Such notice shall constitute the final agency decision in the matter.
(f) When a hearing request sets forth disputed material facts which the licensee or his or her attorney intends to raise at such hearing, the Chief Administrator shall require the licensee to attend a prehearing conference conducted by designated employees of the Commission.
(g) When there are no disputed material facts and when a request for a hearing sets forth legal issues and presents arguments on those issues, the Chief Administrator may either consider those legal issues and arguments on the basis of the written record and render a written determination which shall constitute the final agency decision in the matter; or may require the licensee to attend a prehearing conference conducted by designated employees of the Commission; or may transmit the matter directly to the Office of Administrative Law for a hearing pursuant to N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 1 - ADMINISTRATIVE HEARINGS › Section 13:19-1.3 - Notification of prehearing conference date

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall notify the licensee of the date, time and place of each prehearing conference scheduled pursuant to this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 1 - ADMINISTRATIVE HEARINGS › Section 13:19-1.5 - Adjournments; failure to appear

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No prehearing conference shall be adjourned from the scheduled prehearing conference date except for good cause and upon order of the Chief Administrator or an employee designated by the Chief Administrator. All requests for adjournment must be made in writing, with the reasons specified therein, not later than seven days before the date scheduled for the prehearing conference. All requests shall be sent to the following address:
Motor Vehicle Commission
Scheduling Unit
PO Box 166
Trenton, New Jersey 08666-0166
(b) No request shall be granted for an adjournment unless good cause is shown.
(c) No request shall be granted for the adjournment of a prehearing conference that is made after the time as provided in (a) above unless the licensee can show good cause and upon order of the Chief Administrator or an employee designated by the Chief Administrator.
(d) In the event a licensee fails to attend a prehearing conference wherein an adjournment has not been granted, the proposed action against the licensee shall be taken and the licensee shall be deemed to have abandoned his or her request for a hearing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 1 - ADMINISTRATIVE HEARINGS › Section 13:19-1.6 - Representation by counsel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At a prehearing conference before the Commission, the licensee may be represented by a licensed New Jersey attorney at law, or may appear on his or her own behalf.
(b) No licensee, after having elected to represent himself or herself at a prehearing conference, shall be granted another prehearing conference on the grounds that he or she lacked representation by counsel. Nor shall any licensee be entitled to another prehearing conference upon any claim of inadequacy of representation by counsel at a prehearing conference.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 1 - ADMINISTRATIVE HEARINGS › Section 13:19-1.7 - Driver improvement analyst

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The prehearing conference shall be conducted by the Chief Administrator or by such Commission employee as the Chief Administrator may designate.
(b) The person conducting such prehearing conference shall be referred to as a driver improvement analyst.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 1 - ADMINISTRATIVE HEARINGS › Section 13:19-1.8 - Prehearing conference; purpose; conduct; report; transmittal to the Office of Administrative Law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of the prehearing conference is to clarify disputed material facts and legal issues raised in the hearing request; to review the evidence upon which the licensee bases his or her claim; to ascertain the discovery needs of the licensee; to supply the licensee with any discovery to which the licensee may be entitled under the Uniform Administrative Procedure Rules; and to attempt to resolve the administrative action to be taken.
(b) A driver improvement analyst shall conduct a prehearing conference with each licensee who has been scheduled for such a conference pursuant to this subchapter and with the licensee's attorney, if the licensee is represented by an attorney, for the purpose of resolving the proposed administrative action. The driver improvement analyst shall produce any relevant materials the Commission may have which relate to the proposed administrative action and the licensee shall be permitted to produce any document or other evidence which relates to the proposed administrative action.
(c) The driver improvement analyst shall prepare a conference report for each prehearing conference. The conference report shall contain information relevant to the proposed administrative action. If a resolution of the proposed administrative action is reached between the Commission and the licensee, the licensee shall sign the conference report indicating that both parties agree to be bound by the terms of the resolution of the proposed administrative action contained therein. If a licensee accepts the resolution of the proposed administrative action, the licensee is deemed to have abandoned any further opportunity to be heard with regard to the proposed administrative action.
(d) If the parties cannot agree as to a resolution of the proposed administrative action, then the conference report shall so indicate. When the Commission and a licensee cannot reach a resolution of the proposed administrative action at the prehearing conference, the matter shall be transmitted to the Office of Administrative Law for a hearing pursuant to N.J.A.C. 1:1 unless there are no disputed material facts and no legal issues or any argument on those issues raised at the conference. In the event there is no resolution of the proposed administrative action at the prehearing conference and there are no disputed material facts and no legal issues or any argument on those issues raised at the conference, the Commission shall notify the licensee that the matter shall not be transmitted to the Office of Administrative Law and the grounds thereof and shall notify the licensee that the proposed action shall become effective on such date as the Commission shall specify. Such notice shall constitute the final agency decision in the matter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 1 - ADMINISTRATIVE HEARINGS › Section 13:19-1.13 - Procedures as to when opportunities to be heard are granted

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall not take administrative action against a person unless it has first afforded the person an opportunity to be heard in conformity with this subchapter except as set forth in (b), (c), and (d) below.
(b) When the administrative action proposed by the Commission against any person is one wherein the Commission has authority to act without first providing an opportunity to be heard, such action shall be valid, but the Commission shall promptly afford the person an opportunity to be heard in conformity with this subchapter.
(c) No hearing shall be provided when the action taken by the Commission is required by any law which prescribes a suspension or revocation of a license or a privilege and which requires no exercise of discretion on the part of the Motor Vehicle Commission. No hearing shall be provided when a license or privilege is suspended or revoked by order of a court of competent jurisdiction.
(d) When a license is not suspended or is restored with the distinct understanding that any subsequent moving violation will be cause for a suspension, the issue of any hearing provided with respect to a proposed suspension for such subsequent moving violation will be limited to:
1. Whether or not the licensee has been convicted of a subsequent moving violation; and
2. Determining whether or not the licensee received adequate notice that the license had been restored with that distinct understanding.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 4 - CARDIOVASCULAR DISORDERS › Section 13:19-4.1 - Cardiovascular Committee

Current through Register Vol. 56, No. 14, July 15, 2024
The Chief Administrator, in consultation with the Medical Society of New Jersey, shall appoint a Cardiovascular Committee of specialists in cardiovascular disorders for the purpose of guiding him or her in making determinations as to whether persons are physically qualified to safely operate motor vehicles.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 4 - CARDIOVASCULAR DISORDERS › Section 13:19-4.2 - Case history and physician's statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When it shall appear to the Chief Administrator upon information or investigation that any applicant for a driver license or licensed driver suffers or has suffered from a cardiovascular condition, the Chief Administrator may require from such person on forms furnished by the Commission:
1. A statement by the applicant or licensed driver of his or her case history;
2. A statement by a physician including all pertinent information relative to the applicant's or licensed driver's case including diagnosis, treatment and prognosis.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 4 - CARDIOVASCULAR DISORDERS › Section 13:19-4.3 - Review and recommendation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Chief Administrator deems it necessary to refer a specific case to the Committee, all available information including the applicant's or licensed driver's statement of his or her case history and the attending physician's report will be referred to the Cardiovascular Committee for review and recommendation.
(b) If in the opinion of the Committee it is advisable, the applicant or licensed driver may be required to be examined by a specialist in internal medicine or cardiology including x-ray and/or electrocardiogram.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 4 - CARDIOVASCULAR DISORDERS › Section 13:19-4.4 - Findings report

Current through Register Vol. 56, No. 14, July 15, 2024
The members of the Cardiovascular Committee will report their findings and recommendations to the Chief Administrator and the Chief Administrator will determine whether or not a person may be issued a driver license. If a person has an existing driver license, the Chief Administrator will determine whether or not the person can retain his or her driving privilege.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 4 - CARDIOVASCULAR DISORDERS › Section 13:19-4.5 - Consideration of restoration

Current through Register Vol. 56, No. 14, July 15, 2024
When the Chief Administrator has denied an applicant a driver license pursuant to this subchapter, restoration of the driving privilege may be considered; provided, however, the period of time has expired which is determined by the Chief Administrator, upon consultation with the members of the Committee, to be applicable in the case.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 4 - CARDIOVASCULAR DISORDERS › Section 13:19-4.6 - Case referral

Current through Register Vol. 56, No. 14, July 15, 2024
Upon application for restoration, the case may be referred to the Cardiovascular Committee as provided for in 13:19-4.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 4 - CARDIOVASCULAR DISORDERS › Section 13:19-4.7 - Interval reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a condition precedent to the issuance, retention or restoration of driving privileges pursuant to this subchapter, the individual must agree in writing to submit to the Chief Administrator periodic reports on forms approved by the Chief Administrator. The reports shall contain a statement of the individual's case history and a statement by the treating physician.
(b) These reports shall be submitted every six months from the date that approval is given to hold a driver license.
(c) The Chief Administrator may, in his or her discretion, waive or change the interval report requirement of (b) above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 4 - CARDIOVASCULAR DISORDERS › Section 13:19-4.8 - Driver reexamination

Current through Register Vol. 56, No. 14, July 15, 2024
As a condition precedent to the issuance, retention or restoration of driving privileges, the Chief Administrator may require that a motorist be given a driving test and examination at a Motor Vehicle Commission Driver Qualification Center.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 5 - CONVULSIVE SEIZURES › Section 13:19-5.1 - Satisfaction of physical qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
Any person 16 years of age or older who suffers or who has suffered from recurrent convulsive seizures, recurrent periods of impaired consciousness, or from impairment or loss of motor coordination due to conditions such as, but not limited to, epilepsy, in any of its forms, shall, as a prerequisite to the issuance of a learner's permit or driver's license, renewal of a driver's license, or retention of a driver's license, establish to the satisfaction of the Chief Administrator that he or she has been free from recurrent convulsive seizures, recurrent periods of impaired consciousness, or from impairment or loss of motor coordination for a period of six months with or without medication and that he or she is physically qualified to operate a motor vehicle.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 5 - CONVULSIVE SEIZURES › Section 13:19-5.2 - Physically unqualified pending hearing

Current through Register Vol. 56, No. 14, July 15, 2024
When it shall appear to the Chief Administrator that a licensed driver or an applicant for a learner's permit or driver's license suffers or has suffered from recurrent convulsive seizures, recurrent periods of impaired consciousness or from impairment or loss of motor coordination, the Chief Administrator may, upon notice and an opportunity to be heard, suspend the driving privileges of, or refuse to issue a learner's permit or a driver's license to such person as physically unqualified to safely operate a motor vehicle; provided, however, the Chief Administrator may, in the exercise of his or her discretion, suspend such driver's license or refuse to issue such learner's permit or driver's license pending hearing, if it shall appear to the Chief Administrator to be in the interest of public safety that immediate action be taken.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 5 - CONVULSIVE SEIZURES › Section 13:19-5.3 - History of seizures and physician's report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When it shall appear to the Chief Administrator, upon information received or as a result of an investigation conducted, that a licensed driver or applicant for a learner's permit or driver's license suffers or has suffered from recurrent convulsive seizures, recurrent periods of impaired consciousness or from impairment or loss of motor coordination, he or she may require from such person on forms approved by the Chief Administrator:
1. A statement by the applicant or licensee of his or her case history;
2. A statement by the treating physician, including diagnosis, treatment and prognosis;
3. Any other information which the Chief Administrator may deem necessary to evaluate the motorist's qualification to operate a motor vehicle.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 5 - CONVULSIVE SEIZURES › Section 13:19-5.4 - Neurological Disorder Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief Administrator shall appoint a Neurological Disorder Committee of three members to advise him or her as to issuing licenses to persons suffering from recurrent convulsive seizures, recurrent periods of impaired consciousness or from impairment or loss of motor coordination.
(b) The Chief Administrator shall appoint the Committee upon consultation with and advice of the Medical Society of the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 5 - CONVULSIVE SEIZURES › Section 13:19-5.5 - Committee review of case

Current through Register Vol. 56, No. 14, July 15, 2024
When the Chief Administrator deems it necessary to refer a specific case to the Committee, all available information concerning the licensed driver or applicant, including the licensee's or applicant's statement of the case history and the treating physician's statement as to diagnosis, treatment and prognosis will be referred to the Committee for review, advice and recommendation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 5 - CONVULSIVE SEIZURES › Section 13:19-5.6 - Report of findings

Current through Register Vol. 56, No. 14, July 15, 2024
Each member of the Committee shall separately report his or her findings and recommendations to the Chief Administrator of the Motor Vehicle Commission.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 5 - CONVULSIVE SEIZURES › Section 13:19-5.7 - Committee recommendations

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding the provisions of 13:19-5.1, the Chief Administrator, upon consultation with the members of the Committee, may grant or deny a learner's permit or initial driver's license or may permit a motorist to retain, or prohibit from retaining, his or her driver's license although such person may or may not have suffered a seizure, period of impaired consciousness, or from impairment or loss of motor coordination. The Chief Administrator may make the determination, at any time, whether the specific characteristics of a person's disorder do or do not adversely impact on the person's ability to safely operate a motor vehicle.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 5 - CONVULSIVE SEIZURES › Section 13:19-5.8 - Restoration qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Chief Administrator has denied an applicant a driver's license or has suspended the license of a licensed operator pursuant to this subchapter, issuance or restoration may be considered provided the individual submits:
1. A current statement of his or her case history;
2. A current statement by the treating physician including diagnosis, treatment and prognosis;
3. A current report covering the results of an electroencephalographic examination, if required;
4. Satisfactory evidence that 13:19-5.1 or 13:19-5.5 have been complied with where applicable.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 5 - CONVULSIVE SEIZURES › Section 13:19-5.9 - Interval reports of seizures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a condition precedent to the issuance, retention, or restoration of driving privileges pursuant to this subchapter, the individual must agree in writing to submit to the Chief Administrator periodic reports on forms approved by the Chief Administrator. The reports shall contain a statement of the individual's case history and a statement by the treating physician.
(b) These reports shall be submitted every six months for a period of two years from the date that approval is given to hold a driver license.
(c) Subsequent reports shall be submitted on a yearly basis.
(d) The Chief Administrator may, in his or her discretion, waive or change the interval report requirements of (b) and (c) above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 5 - CONVULSIVE SEIZURES › Section 13:19-5.10 - Driver reexamination

Current through Register Vol. 56, No. 14, July 15, 2024
As a condition precedent to the issuance, retention or restoration of driving privileges, the Chief Administrator may require that a motorist be given a driving test and examination at a Motor Vehicle Commission Driver Qualification Center.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to regulate the installation and use of ignition interlock devices ordered by the court to be installed pursuant to N.J.S.A. 39:4-50.1 6 et seq.
(b) This subchapter establishes procedures and requirements for the certification of breath alcohol ignition interlock devices (BAIIDs) and for the designation of approved BAIID service centers by the Chief Administrator of the Motor Vehicle Commission.
(c) This subchapter governs manufacturers and service centers of BAIIDs certified by the Chief Administrator.
(d) This subchapter establishes procedures and requirements for the provision of certified BAIIDs at reduced rates to persons who qualify as indigent.