New Jersey Administrative Code

(a) A person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under the Act or this chapter. (b) If the Division determines that a housing provider has engaged in one or more unlawful actions against a person with the in…

(a) Consistent with the public policy underlying the Act and with firmly established principles for the interpretation of such remedial legislation, the remedial provisions of the statute will be given a broad construction and its exceptions construed narrowly. (b) The provisions…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Applicant" means any person considered for, or who requests to be considered for, tenancy within a rental dwelling unit. "Complainant" mea…

(a) A housing provider shall not require an applicant to complete any housing application that includes any inquiries regarding an applicant's criminal record prior to a conditional offer of housing, except for a limited inquiry of whether an applicant has ever been convicted of …

(a) Prior to accepting any application fee, a housing provider shall disclose, in writing, to the applicant: 1. Whether the eligibility criteria of the housing provider includes the review and consideration of criminal history; and 2. A statement that the applicant may provide ev…

A housing provider shall apply the standards established by the Act to each applicant in a nondiscriminatory manner. Notes N.J. Admin. Code § 13:5-1.6 Adopted by 54 N.J.R. 76(a), effective 1/3/2022

(a) A housing provider shall not at any point, either before or after a conditional offer of tenancy, evaluate an applicant based on any of the following types of criminal records: 1. Arrests or charges that have not resulted in a criminal conviction; 2. Expunged convictions; 3. …

(a) Before the issuance of a conditional offer to an applicant, a housing provider may not consider any criminal record in the applicant's history, except for a conviction for the manufacture or production of methamphetamine on the premises of Federally assisted housing and wheth…

(a) A housing provider may withdraw a conditional offer based on an applicant's criminal record only if the criminal record check is conducted consistent with the requirements at N.J.A.C. 13:5-1.8, and only if the housing provider determines, by preponderance of the evidence, tha…

(a) Any applicant or prospective applicant who believes that a housing provider has violated a provision of the Act may file a complaint with the Division by submitting a signed complaint to the Division electronically, by regular mail, or in person at any office of the Division.…

(a) Any housing provider may register with the Division, electronically, and identify an individual to electronically accept service in connection with any complaint filed with the Division by providing the name, email address, and phone number for the individual authorized to ac…

(a) Following review of the complaint and responsive documents filed by the respondent, the Director shall determine whether to conduct an investigation of a complaint. (b) In conducting an investigation, the Division may exercise all investigative powers set forth at N.J.S.A. 10…

(a) When a notice of violation is issued by the Division pursuant to N.J.A.C. 13:5-2.3(e), the respondent shall have the right to file an appeal with the Director. Any appeal of a notice of violation shall be submitted electronically. (b) An appeal must be received by the Directo…

(a) A housing provider who violates a provision of the Act shall be liable for the following applicable penalties: 1. An amount not to exceed $ 1,000, if the housing provider has not committed any prior violation within the five-year period ending on the date of the filing of the…

(a) For any violation of the Act, the Director may require a housing provider to take one or more of the following actions upon a finding that the housing provider has violated a provision of the Act: 1. The Director may require a housing provider to cease and desist from continu…

In addition to records designated as confidential pursuant to the provisions at N.J.S.A. 47:1A-1 et seq., any other law, rules promulgated under the authority of any statute or Executive Order of the Governor, resolution of both houses of the Legislature, Executive Order of the G…

This subchapter prescribes the requirements for certification of a person to conduct chemical analysis of the breath of a person arrested pursuant to N.J.S.A. 39:4-50 et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 39:3-10.25, 12:7-46, 2A:4A-23 or 12:7-55 et seq., the conditions und…

(a) The purpose of a hearing is to assist the Superintendent of State Police in arriving at a determination on the request or recommendation for revocation as set forth at N.J.A.C. 13:51-1.9(b). Where no hearing is conducted the Superintendent of State Police may make his determi…

The Attorney General may restore a revoked certification when he is satisfied that the cause for revocation has been removed. An operator whose certification is revoked may apply for a new operator's certification after the expiration of 12 months from the date of revocation, or …

(a) If an operator's certification is suspended or revoked, pursuant to N.J.A.C. 13:51-1.9 and/or N.J.A.C. 13:51-1.10, or if the operator resigns, retires, or leaves the organized police department of which the operator is, or was, a member, for any reason, it shall be the respon…

Notes N.J. Admin. Code § 13:51-1.13 Repealed by R.2001 d.440, effective 11/19/2001. See: 33 New Jersey Register 3243(a), 33 New Jersey Register 3902(b). Section was "Administration".

In any judicial proceeding, or other matter where the certification status of an Operator or a Breath Test Coordinator/Instructor is called into question, the records of the Attorney General, as maintained by the Division of State Police under this chapter, shall be prima facie e…

For the purpose of this chapter, the terms set forth herein are defined as follows: "Alcohol Influence Report" shall mean the record required, pursuant to N.J.S.A. 39:4-50.2(b), 39:3-10.24.b, or 12:7-55.b. "Approved instrument" shall mean a device or instrument approved by the At…

(a) For the purpose of prosecution, no operator may conduct a valid analysis of an arrested person's breath under the provisions of N.J.S.A. 39:4-50.3, 39:3-10.25 or 12:7-56, unless such operator has been issued a valid operator's certificate which is valid at the time of the ana…

(a) Except as otherwise specified in this section, for initial certification as a Breath Test Operator, under the provisions of N.J.A.C. 13:51-1.6(a), an applicant shall satisfy the following prerequisites: 1. Be a law enforcement officer, sworn as a member of an organized police…

Application shall be made in a manner prescribed by the Division of State Police to the Division of State Police by the Chief of Police or other executive head of the organized police department, or his or her designee, for applicants who are sworn law enforcement officers. Notes…

(a) Initial operator certification requirements are as follows: 1. Subject to the requirements at N.J.A.C. 13:51-1.4(a), initial certification of an applicant, to become an operator for breath test instruments approved at N.J.A.C. 13:51-3.4(a)1 and 2, requires satisfactory comple…

(a) Initial certification of an operator will be documented by the issuance of a certificate and replica which shows that the operator has completed the required course of training, including the date of the initial course completion and type of approved instrument, or instrument…

(a) The certification of an operator will become invalid on the day following the date set for expiration of the operator's present valid certification as set forth at N.J.A.C. 13:51-1.7, if the operator has not satisfied the requirement for recertification, as set forth at N.J.A…

(a) The Attorney General may revoke an operator's certification after consideration of a request or recommendation for revocation by the Superintendent of State Police. (b) A request or recommendation for revocation will be made to the Attorney General when an operator is determi…

(a) To be eligible as a Breath Test Coordinator/Instructor, a person must be a sworn member of the New Jersey Division of State Police, hold a valid Breath Test Operator's Certificate, and be a holder of: 1. A certificate in police training issued by an approved school; or 2. A c…

(a) A Breath Test Coordinator/Instructor shall have specialized training, as prescribed by the Division of State Police, and have the knowledge to properly perform the following functions: 1. Presentation of the scientific theory of approved instruments, methods of operation, and…

Pursuant to the provisions of P.L. 1966, c.142, Sec. 3, as amended by P.L. 1971, c.273, Sec. 1 (N.J.S.A. 39:4-50.3), P.L. 1990, c.103, Sec. 17 (N.J.S.A. 39:3-10.25) and P.L. 1986, c.39, Sec. 8 (N.J.S.A. 12:7-56); hereinafter denoted N.J.S.A. 39:4-50.3, N.J.S.A. 39:3-10.25 or N.J.…

(a) The Superintendent of the Division of State Police is designated by the Attorney General as the official to whom all applications for approval of instruments, methods and operational functions shall be made. (b) Primarily, evaluation will be dependent upon test results reflec…

(a) Upon approval of an instrument, method and/or operational function, as described in N.J.A.C. 13:51-3.2, appropriate technical personnel designated by the applicant shall train an initial class consisting of Breath Test Coordinator/Instructors, at the expense of the applicant.…

Notes N.J. Admin. Code § 13:51-3.4 Repealed by R.2001 d.440, effective 11/19/2001. See: 33 New Jersey Register 3243(a), 33 New Jersey Register 3902(b). Section was "Periodic inspection of approved instruments".

(a) The Attorney General, pursuant to P.L. 1966, c. 142, Sec. 3, as amended by P.L. 1971, c. 273, Sec. 1 (N.J.S.A. 39:4-50.3), P.L. 1990, c. 103, Sec. 17 (N.J.S.A. 39:3-10.25) and P.L. 1986, c. 39, Sec. 8 (N.J.S.A. 12:7-56) and this subchapter, approves the following instruments …

Notes N.J. Admin. Code § 13:51-3.6 Reserved by 50 N.J.R. 1818(c), effective 8/6/2018

This subchapter sets forth various procedures for the general maintenance of approved instruments, and related administrative recordkeeping associated with the functions established by this chapter and to the extent as may otherwise be required by law. Notes N.J. Admin. Code § 13…

(a) The Division of State Police shall maintain administrative files of records made pursuant to this chapter. These files may be maintained in either a paper or electronic or other form as deemed appropriate by the Superintendent. Administrative files shall include: 1. Documenta…

(a) The following concern the calibration check of approved instruments: 1. All approved instruments that employ the infrared analysis and electrochemical analysis approved method of chemical breath testing, as set forth in N.J.A.C. 13:51-3.5(a)1 or 2, when used in this State in …

This subchapter prescribes the requirements and procedures for the issuance of firearms purchaser identification cards, permits to purchase handguns and the general rules for holders of such permits and identification cards. Notes N.J. Admin. Code § 13:54-1.1

(a) A State of New Jersey firearms purchaser identification card may be revoked by the Superior Court of the county wherein the card was issued, after a hearing, and upon a finding that the holder no longer qualifies for the issuance of such a card. (b) The county prosecutor, any…

(a) Persons shall apply for a duplicate State of New Jersey firearms purchaser identification card to replace a lost, stolen, or mutilated card, a change of residence, or change of sex by the holder, within 30 days of such loss, theft, mutilation, change of residence, or change o…

(a) Any person denied a State of New Jersey firearms purchaser identification card, a permit to purchase a handgun, or a duplicate firearms purchaser identification card may request a hearing in the Superior Court of the county in which he or she resides or in the Superior Court …

(a) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to …

No fees, other than those established by this chapter or law, shall be assessed or charged to any person by any governmental entity of this State for the processing of applications, or for the proper investigation of applicants for licenses, permits, cards and registrations in ac…

Any background investigation conducted by the chief of police, the Superintendent or the county prosecutor, of any applicant for a permit, firearms identification card license, or registration, in accordance with the requirements of this chapter, is not a public record and shall …

(a) Any person seeking to acquire more than one handgun within any 30 calendar-day period must apply for a Multiple Handgun Purchase Exemption. The applicant shall complete form S.P. 015, including checking the appropriate box that corresponds to the exemption being sought, and s…

The words and terms used in this chapter shall have the following meanings: "Ammunition" means various projectiles, including bullets, missiles, slugs or balls together with fuses, propelling charges and primers that may be fired, ejected, projected, released, or emitted from fir…