New Jersey Administrative Code

(a) The Committee may waive the continuing education requirements of N.J.A.C. 13:44C-6.1 on an individual basis for reasons of hardship, such as, but not limited to, severe illness, disability, or military service.1. A licensee seeking a waiver of the continuing education require…

Notes N.J. Admin. Code § 13:44C-6.6 Recodified from N.J.A.C. 13:44C-6.5 and amended by R.1998 d.374, effective 7/20/1998. See: 30 N.J.R. 1195(a), 30 N.J.R. 2634(a). In (a), substituted "anatomy and physiology relative to communication" for "human physiology; human anatomy"; and i…

(a) The practice of audiology includes the following functions related to hearing, its disorders, and related communication impairments: 1. Providing screening, identification, assessment, diagnosis, treatment, intervention (that is, prevention, restoration, amelioration, compens…

(a) The purpose of this section is to set forth standards for the performance of cerumen management by a licensed audiologist. Cerumen management is within the scope of practice of an audiologist who meets the requirements of this section. (b) "Cerumen management," as used in thi…

(a) The practice of speech-language pathology includes, but is not restricted to, the following functions:1. Providing screening, identification, assessment, diagnosis, treatment, intervention (that is, prevention, restoration, amelioration, compensation), consultation, counselin…

(a) The purpose of this section is to set forth standards for the performance of Fiber Optic Endoscopic Examination of Swallowing (FEES) by a licensed speech-language pathologist. FEES is within the scope of practice of a speech-language pathologist who meets the requirements of …

(a) Pursuant to N.J.A.C. 8:19-1.10, a licensee who conducts outpatient screening or audiologic testing required by N.J.A.C. 8:19-1.9 on a child shall complete the New Jersey Department of Health and Senior Services' Newborn Hearing Follow-up Report form, submit the report to the …

(a) An unlicensed individual may have a business interest in a corporation, partnership, trust, association or other like organization that provides audiology or speech-language pathology services or both, if the provision of direct clinical services is done by licensed audiologi…

(a) The following are exempt from the provisions of this chapter, pursuant to N.J.S.A. 45:3B-17: 1. Any person currently licensed to practice medicine and surgery by this State, provided such a person is not referred to as an audiologist or speech-language pathologist or other si…

(a) Licensees shall maintain written, contemporaneous patient records, which include: 1. Findings upon initial examination including the patient's significant past history and results of appropriate tests and measures; 2. A written plan of care indicating the goals of the treatme…

(a) All licensees shall document that audiometric test equipment is calibrated according to the American National Standard Specification for Audiometers (ANSI S3.6-1996, 1996), available from the Acoustical Society of America, 120 Wall Street, 32nd Floor, New York, New York 10005…

(a) Licensees shall not require a patient or a third party payor to pay a separate fee for the preparation of an insurance claim form. (b) Licensees shall not require a patient or a third party payor to pay interest on an unpaid account unless the patient has been notified of thi…

(a) All licensees shall provide a written fee schedule which describes charges for each service offered to any person upon request. (b) All licensees shall post in a conspicuous place a copy of a licensee's biennial renewal certificate. Notes N.J. Admin. Code § 13:44C-8.4 New Rul…

(a) Licensees shall not use any form of public communication regarding professional services, via print, electronic media or in-person solicitation which contains a false, fraudulent, misleading or deceptive statement or claim. A false, fraudulent, misleading or deceptive stateme…

(a) Licensees shall not charge a fee to a patient or a third party payor which is excessive. (b) Factors which may be considered in determining whether a price is excessive include: 1. The novelty and difficulty of the professional treatment provided; 2. The skill and equipment r…

(a) Licensees shall perform only those functions that are within the scope of their competence considering their level of education, training, and experience. (b) The following acts or professional practices shall be deemed to be unprofessional conduct: 1. Offering, agreeing to p…

(a) The following acts or practices shall be deemed to be the unlicensed practice of audiology or speech-language pathology and may warrant the director's initiation of an action in Superior Court for such appropriate injunctive relief as may be authorized by N.J.S.A. 45:3B-15: 1…

It shall be unlawful for a licensee to aid or assist any person in engaging in any of the acts identified in N.J.A.C. 13:44C-9.1. Notes N.J. Admin. Code § 13:44C-9.2

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Advertising" means any attempt directly or indirectly by publication, dissemination, solicitation, endorsement or circulation or in any oth…

(a) No license to engage in the business of public moving and/or storage shall be issued or remain in effect unless the applicant owns or leases pursuant to a long-term lease at least one moving vehicle. (b) An applicant for licensure as a public mover and/or warehouseman shall s…

(a) A licensed public mover and/or warehouseman shall notify the Director in writing of any change of mailing address, permanent place of business address or business name from that currently registered with the Director and shown on the most recently issued license. Such notice …

(a) No public mover and/or warehouseman shall operate under a license until he or she has designated an agent and provided a street address and municipality upon which service of process, notices, and/or orders may be made pursuant to N.J.S.A. 45:14D-1 et seq. (b) The designated …

(a) Fees for initial licenses, renewal licenses and copies of licenses shall be as follows: 1. Initial license $ 400.00 2. Renewal license (one year) $ 400.00 3. Copy of license (per copy) $ 35.00 4. Late renewal fee (0 to 30 days) $ 100.00 5. Reinstatement fee (31 to 60 days) $ …

(a) All advertising by licensees shall include the licensee's: 1. Full licensed name; 2. License number; and 3. Permanent place of business in New Jersey and a New Jersey telephone number. (b) Advertising shall not be misleading as to the services that the licensee is authorized …

(a) A licensee shall maintain a permanent bona fide place of business in the State of New Jersey wherein: 1. All original business records and forms related to a licensee's business dealings shall be kept; and 2. A representative shall be present and authorized to act on behalf o…

(a) Any name used by a licensee to offer moving and/or warehousing services in New Jersey shall not be misleading as to the services that the licensee is authorized to render. 1. A licensee authorized only to provide public moving services shall not use a name that includes the t…

(a) The Director shall, pursuant to the provisions of N.J.S.A. 45:14D-26, notify the Board of Public Utilities of the business location and telephone number of any public mover that does not have a valid license issued, or renewed, by the Director. (b) When notified by the Direct…

(a) Every public mover and/or warehouseman shall file with the Director a tariff or tariffs indicating the rates, charges, classification ratings, and terms and conditions of the public mover and/or warehouseman. A copy of the tariff filed with the Director shall be kept open for…

(a) A public mover and/or warehouseman who is providing moving or storage services for office goods shall not be required to comply with the following rules, with respect to those services:1. N.J.A.C. 13:44D-3.1, pertaining to tariffs; 2. N.J.A.C. 13:44D-4.2, pertaining to moving…

(a) The brochure set forth in N.J.A.C. 13:44D Appendix shall not be altered in any way, except that a licensed public mover and/or warehouseman may add information, such as a business name and logo to indicate the identity of the business that provided the brochure to a consumer.…

(a) A public mover may enter into a written contract with an owner-operator for the owner-operator to provide moving services to a consumer with whom the public mover has contracted to perform moving services. (b) A contracting public mover shall be liable to the consumer for any…

(a) A public mover shall be deemed to have engaged in occupational misconduct within the meaning of N.J.S.A. 45:14D-7(f) if the mover engages in the following: 1. Books and/or attempts to perform a move where the mover knew or should have known that a moving vehicle of adequate s…

A public mover shall supply only such labor and equipment which would reasonably be expected to be necessary to properly perform the moving services indicated on the original estimated cost of services form. Any changes in the number of men and/or amount or type of equipment to b…

(a) The exact address of the warehouse where the consumer's goods are to be stored shall be indicated on the estimated cost of services form, bill of lading, if any, and warehouse receipt. In the event the consumer's goods are to be moved, in whole or in part, to another warehous…

The public mover shall not collect, or require a consumer to pay, any tariff charges on any shipment that is totally lost or destroyed. The consumer shall, however, remain liable for any and all insurance premiums agreed upon by the consumer and the public mover. Notes N.J. Admin…

(a) The public mover and/or warehouseman shall be liable for physical loss, destruction, or damage to any articles of the consumer during transit and/or storage, except when: 1. The damage was caused by the consumer or was the result of the consumer's negligence; 2. The damage wa…

(a) If a consumer wishes to file a claim for damage to goods occurring during a move or while in storage, the consumer shall so notify the public mover and/or warehouseman in writing. Within seven days of receiving such notification, the public mover and/or warehouseman shall for…

(a) Pursuant to N.J.A.C. 13:44D-4.2, 4.3 and 4.4, a public mover and/or warehouseman shall not perform a move, or provide warehouse property, on the same day a consumer contacts the mover and/or warehouseman except as provided in (b) below. (b) A public mover and/or warehouseman …

(a) Prior to entering into a contract to render services based on a non-binding estimate, every public mover shall issue the following to each consumer at least 24 hours prior to the date of the move: 1. Either a printed version of the brochure entitled "Important Notice to Consu…

(a) A public mover who is offering a binding estimate shall furnish the binding estimate in writing to the consumer or other person responsible for payment of the charges for the mover's services. A binding estimate shall be furnished only after an inspection of the premises and …

Notes N.J. Admin. Code § 13:44D-4.3A Recodified to N.J.A.C. 13:44D-4.6 by R.2004 d.203, effective 6/7/2004. See: 35 New Jersey Register 1764(a), 35 New Jersey Register 2836(a), 35 New Jersey Register 4044(a), 36 New Jersey Register 2762(c).

(a) Prior to entering into a contract to render services every warehouseman shall issue to each consumer: 1. Either a printed version of the brochure entitled "Important Notice to Consumers Using Public Movers and Warehousemen" which is found at N.J.A.C. 13:44D Appendix or a link…

A public mover and/or warehouseman may combine the order for service and the estimate forms, binding or non-binding, into one document. If a public mover and/or warehouseman combines the order for service and estimate forms into one form it shall contain the same information as r…

(a) A bill of lading shall be audited by a licensee within seven days of the completion of a move. (b) A bill of lading employed in the storage of property shall be audited by a licensee within seven days of release of the property. Notes N.J. Admin. Code § 13:44D-4.5A Adopted by…

(a) The public mover and/or warehouseman may, by contract with the consumer, limit liability for loss or damage to goods in storage or in transit. The minimum amount to which a public mover and/or warehouseman may limit liability is $ 1.00 per pound per article. (b) A public move…

(a) Every licensed public mover and/or warehouseman shall secure, maintain and file with the Director a certificate of insurance from an insurance company authorized and licensed to do business in this State covering the motor vehicle, cargo, storage facilities and property being…

(a) A public mover shall not withhold all or any part of a shipment if: 1. The moving contract is based on a binding estimate and the consumer or other person responsible for payment of charges pays the amount of the binding estimate in full, or the consumer or other person respo…