New Jersey Administrative Code

(a) Every licensee shall receive credit for fuel taxes paid on fuel consumed outside the jurisdiction where the fuel was purchased. Such credit shall be the equivalent to the rate per gallon for tax paid by a licensee in effect for any particular reporting period. (b) Credit may …

(a) A licensee shall maintain receipt records to substantiate information on quarterly tax reports regarding fuel purchases and tax paid by fuel type. (b) Source documents required in order for a licensee to obtain credit for tax paid purchases shall be a receipt or invoice, a cr…

(a) Each licensee shall maintain records to substantiate information on tax reports as required by this subchapter. (b) Records shall be retained for four years (16 quarters) from the due date of the tax return or the date the return was filed, whichever is later, plus any time p…

(a) A licensee's records may be audited by sampling method or in total, at the discretion of the Chief Administrator, to verify the correctness and completeness of tax reports and refund claims. 1. The Chief Administrator shall send a notice of intention to conduct an audit by or…

(a) A licensee may appeal an audit finding issued by the Chief Administrator by making a written request for a Commission hearing within 30 days after the service of notice of the original finding. If the hearing is not requested in writing within 30 days, the original finding or…

(a) A licensee may request to cancel IFTA credentials only if all reporting requirements and tax liabilities to all member jurisdictions have been satisfied. (b) Such cancellation request shall be made in the manner and on the forms prescribed by the Chief Administrator. (c) The …

(a) The Chief Administrator may suspend or revoke an identification card and decals when any licensee has failed to pay any monies or file any report required pursuant to this subchapter or any law or rule administered by the Chief Administrator. The Chief Administrator shall mai…

The Chief Administrator shall reinstate a revoked IFTA license provided the cause of the revocation has been satisfied. Notes N.J. Admin. Code § 13:18-3.17

(a) A licensee may file a refund claim for overpayment of tax within four years after payment of tax. (b) An overpayment refund application shall extend the record retention period until such time as pertinent records are no longer required by the Chief Administrator. (c) Upon re…

(a) The Chief Administrator shall provide for replacement of any lost, stolen, damaged or mutilated identification marker or license, in the manner and on the forms prescribed. (b) The Chief Administrator shall charge a $10.00 fee for replacement of two decals per vehicle. The Ch…

(a) Any motor carrier based in New Jersey and operating one or more qualified motor vehicle(s) in at least one other jurisdiction (that is, engaged in interstate operations) shall file an Agreement Application with the Commission on forms and in a manner prescribed by the Chief A…

(a) Application for a provider license to provide trip permits shall be made in a format prescribed by the Chief Administrator. The application shall be submitted to the Office of Motor Carrier Services, New Jersey Motor Vehicle Commission, 225 East State Street, Trenton, New Jer…

(a) A provider shall, notwithstanding any other requirements of this subchapter: 1. Be responsible for the professional quality, accuracy, security, and timely completion of trip permits issued pursuant to this subchapter; 2. Obtain all required source documents prior to issuance…

(a) For each approved application for IFTA credentials, the Chief Administrator shall issue one license identification cab card per fleet in paper and/or electronic form and two identification marker/decals for each vehicle listed on the application as part of that particular fle…

(a) Upon receipt of a properly completed application and payment of a fee of $ 10.00 for two decals per vehicle from a New Jersey IFTA licensee with an account in good standing, the Chief Administrator shall issue in person, by mail, or through a preapproved third-party, an IFTA …

(a) A licensing permit credential known as a trip permit shall be issued by the Commission, or by an approved provider of the Commission, upon application on forms prescribed by the Chief Administrator, in lieu of regular IFTA licensing credentials. A block of 10 trip permits may…

(a) Each licensee shall, on or before the last day of January, April, July and October of each year, make to the Chief Administrator such aggregate reports of the licensee's entire operations during the quarter ending on the last day of the preceding month as the Chief Administra…

(a) The Chief Administrator shall assess a penalty of $50.00 or 10 percent of the taxes due, whichever is greater, for the failure to file a report, for the filing of a late report or for the underpayment of taxes due. (b) The Chief Administrator may waive the penalty imposed in …

The Chief Administrator shall in his or her discretion exempt any licensee who has sufficient liability to warrant quarterly reporting from the quarterly reporting requirements of this subchapter, upon finding that the administration and purpose of this subchapter would not be ad…

(a) The tax report shall include the following information: 1. The name, address, account number or license number of the licensee; 2. The type of fuel used and being reported; 3. The total distance traveled during the reporting period by qualified motor vehicles in the licensee'…

(a) An interested person may petition the Motor Vehicle Commission ("Commission") to adopt a new rule or amend or repeal an existing rule. (b) Each petition must be in writing, signed by the petitioner, and state clearly and concisely: 1. The full name and address of the petition…

(a) Within 60 days of receipt of a rulemaking petition, the Commission shall either: 1. Deny the petition, in which case the agency shall provide a written statement of its reasons to the petitioner, and include such reasons in its notice of action; 2. Grant the petition and init…

If the Commission fails to act in accordance with the time frames set forth in N.J.A.C. 13:18-4.2(a), the petitioner may request, in writing, a public hearing on the petition by submitting a request to the Director of the Office of Administrative Law pursuant to N.J.A.C. 1:30-4.3…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Act" means the Fair Automobile Insurance Reform Act of 1990, P.L. 1990, c.8. "Cancellation for nonpayment of premium" means the termina…

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,"N.J.S.A. 47:1A-1 et seq. Notes N.J.…

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 (N.J.S.A. 17:33B-1 Note). …

(a) Personal automobile insurers shall provide the Chief Administrator, or his or her designee, information by vehicle identification number (VIN) concerning the cancellation and issuance of personal private passenger automobile insurance policies on and after February 1, 1991. C…

For purposes of section 50c(1) of the FAIR Act (N.J.S.A. 17:33B-41c(1)) and this subchapter, a vehicle registration certificate shall be deemed to be "expired" only if such certificate has not been renewed and either the expired registration certificate (including any duplicate r…

(a) Except as otherwise provided in this section, the Commission shall suspend the registration of a vehicle pursuant to section 50c of the FAIR Act (N.J.S.A. 17:33B-41c) if the owner has not filed with the Commission and the Commission has not received proof of motor vehicle lia…

(a) For purposes of section 50 of the FAIR Act (N.J.S.A. 17:33B-41), proof of motor vehicle liability insurance coverage shall consist of the original, copy, or electronic format of the following:1. A valid permanent insurance identification card issued in accordance with N.J.A.C…

(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 insuranc…

(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 Un…

(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 veh…

(a) In those instances in which a registrant has surrendered registration plates to the Commission pursuant to N.J.S.A. 17:33B-41 and thereafter acquires motor vehicle liability insurance and furnishes proof of same to the Chief Administrator as required by N.J.S.A. 17:33B-41 and…

(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 N.J.S.A. 39:6-86.1 or 39:6-86.4…

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 …

Notes N.J. Admin. Code § 13:19-1.10 Repealed by R.1984 d.129, effective 4/16/1984. See: 15 New Jersey Register 2143(a), 16 New Jersey Register 918(a).

Notes N.J. Admin. Code § 13:19-1.11 Repealed by R.1984 d.129, effective 4/16/1984. See: 15 New Jersey Register 2143(a), 16 New Jersey Register 918(a).

Notes N.J. Admin. Code § 13:19-1.12 Repealed by R.1984 d.129, effective 4/16/1984. See: 15 New Jersey Register 2143(a), 16 New Jersey Register 918(a).

(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 Commis…

(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 th…

The Commission shall notify the licensee of the date, time and place of each prehearing conference scheduled pursuant to this subchapter. Notes N.J. Admin. Code § 13:19-1.3 Amended by R.1984 d.129, effective 4/16/1984. See: 15 New Jersey Register 2143(a), 16 New Jersey Register 9…

Notes N.J. Admin. Code § 13:19-1.4 Repealed by R.1984 d.129, effective 4/16/1984. See: 15 New Jersey Register 2143(a), 16 New Jersey Register 918(a).

(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 reaso…

(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 grant…

(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. Notes N.J. Admin. Code §…

(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 …