New Jersey Administrative Code

(a) In order to establish that a licensee has made a good faith effort to prevent fraud and abuse when providing services through telemedicine or telehealth, a licensee must establish written protocols that address: 1. Authentication and authorization of users; 2. Authentication …

(a) Licensees who communicate with patients by electronic communications other than telephone or facsimile shall establish written privacy practices that are consistent with Federal standards pursuant to 45 CFR Parts 160 and 164, which are incorporated herein by reference, relati…

(a) The rules contained in this chapter provide for the licensing and regulation of elevator mechanics, implementing the provisions of the Elevator, Escalator, and Moving Walkway License Law, P.L. 2012, c. 71 (N.J.S.A. 45:14H-1 et seq.). (b) This chapter does not apply to any per…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "ASME" means the American Society of Mechanical Engineers. "Board" means the Elevator, Escalator, and Moving Walkway Mechanics Licensing Bo…

(a) An applicant for an elevator mechanic license shall submit to the Board: 1. A completed application, on a form provided by the Board, including a full street name and number; 2. Proof that the applicant is at least 21 years of age; 3. Proof that the applicant has met the expe…

(a) Upon receipt of a completed application and application fee, the Board shall issue a license to any person who documents that he or she holds a valid, current elevator mechanic license in good standing issued by another state, if: 1. The Board determines that the state that i…

(a) Prior to May 21, 2019, a person may apply for a license as an elevator mechanic without satisfying the examination requirements of N.J.A.C. 13:44M-2.1(a) if that person has either: 1. Completed three years of work experience in the elevator, escalator, and moving walkway indu…

(a) Once the Board has determined that an applicant is qualified for a license, the Board shall inform the applicant that he or she must submit to the Board: 1. A surety bond in the sum of $ 10,000 in favor of the State of New Jersey as required pursuant to N.J.S.A. 45:14H-12; an…

(a) An applicant who has served in the Armed Forces of the United States and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. N.J.A.C. 13:44M-2.1 or 2.3 may apply to the Board for recognition of the applicant's training, e…

(a) The Board shall send a notice of renewal to each licensed elevator mechanic, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensed elevator mechanic of the option to renew as inactive. If the noti…

(a) A licensed elevator mechanic who holds an inactive license pursuant to N.J.A.C. 13:44M-3.1(c) may apply to the Board for reactivation of an inactive license. A licensed elevator mechanic seeking reactivation of an inactive license shall submit: 1. A renewal application; 2. A …

(a) A licensed elevator mechanic who has had his or her license suspended pursuant to N.J.A.C. 13:44M-3.1(e) may apply to the Board for reinstatement. A licensed elevator mechanic applying for reinstatement shall submit: 1. A reinstatement application; 2. A certification of emplo…

(a) Upon biennial license renewal, licensed elevator mechanics shall attest that they have completed courses of continuing education of the types and number of credit hours specified in N.J.A.C. 13:44M-4.2. Falsification of any information submitted on the renewal application may…

(a) A licensed elevator mechanic may obtain continuing education credit hours from the following: 1. Successful completion of continuing education courses or programs related to the installation, construction, alteration, maintenance, service, repair, or testing of elevators, esc…

(a) The Board shall perform audits on randomly selected licensed elevator mechanics to determine compliance with continuing education requirements. (b) A licensed elevator mechanic shall maintain the following documentation for a period of four years after completion of the credi…

(a) The Board may waive the continuing education requirements of this subchapter on an individual basis for reasons of hardship, such as severe illness, disability, or military service. 1. A licensed elevator mechanic seeking a waiver of the continuing education requirements shal…

(a) The Board may direct or order a licensed elevator mechanic to complete continuing education credit hours: 1. As part of a disciplinary or remedial measure in addition to the required eight hours of continuing education; or 2. To correct a deficiency in the licensed elevator m…

(a) The scope of practice of a licensed elevator mechanic includes the installation, construction, alteration, servicing, repair, testing, and maintenance of elevators, escalators, and moving walkway devices. (b) Unless actively licensed pursuant to the provisions of this chapter…

(a) For purposes of this section, the following words and terms shall have the following meaning: "Commercial property" means any property that is not included in the definition of "residential property." "Residential property" means dwellings categorized as in Group R-3, R-4, or…

(a) Any person, partnership, or corporation including any political subdivision of State government who has been injured, aggrieved, or damaged through the failure of a licensed elevator mechanic to perform the duties required by N.J.S.A. 45:14H-1 et seq., or this chapter, shall …

(a) Every licensed elevator mechanic shall notify the Board in writing of his or her address of record. Every licensed elevator mechanic shall notify the Board in writing of any change in his or her address of record within 10 days after such change. (b) Service of an administrat…

(a) If a licensed elevator mechanic becomes aware of a condition that is not in compliance with N.J.A.C. 5:23-12, the Elevator Safety Subcode of the State Uniform Construction Code, regarding elevators, which he or she was not able to fix, he or she shall notify the owner or less…

Upon completion of any work performed by a licensed elevator mechanic, or at any point prior to the completion of such work, the licensed elevator mechanic shall provide the consumer paying for such work, or his or her designee, with the licensed elevator mechanic's name and lice…

(a) The following fees shall be charged by the Board: 1. Application fee without prior registration (non-refundable)... $ 100.00 2. Initial license fee: i. If paid during the first year of a biennial renewal period... $ 260.00 ii. If paid during the second year of a biennial rene…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Act" means the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. as amended and/or supplemented, or any regulation adopted thereunder.…

The following rules shall govern the commencement, pleadings and final decision in all contested cases before the Division. Notes N.J. Admin. Code § 13:45-1.2 As amended, R.1977 d. 93, eff. 3/17/1977. See: 9 N.J.R. 184(a). Amended by R.2007 d.32, effective 2/5/2007. See: 38 N.J.R…

(a) These rules shall be liberally construed to permit the Division to discharge its statutory functions. (b) Except as stated in (c) below, the Director may, upon notice to all parties, relax or disregard the application of these rules if the Director determines that adherence w…

(a) The Director may rescind, amend or expand these rules from time to time, provided the same is effected in accordance with the provisions of the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. (b) In any matter not expressly controlled by these rules or by s…

(a) The jurisdiction of the Division shall extend to all sales or advertisements for the sale of merchandise or real estate, pursuant to the Act and to contested matters where the Director is authorized to proceed with administrative charges for violations of N.J.S.A. 34:8-43 et …

Whenever it shall appear that the Division is without jurisdiction as defined in N.J.A.C. 13:45-2.1, the party making the consumer complaint shall be so advised, and where possible, the consumer complaint shall be referred to the appropriate local, State or Federal agency for fur…

(a) Whenever it shall appear to the Attorney General that a violation of law under one of the statutory schemes covered by N.J.A.C. 13:45-2.1 has occurred, is occurring or may occur and that the matter warrants a formal administrative hearing to effectuate the policies underlying…

(a) Service of a notice of hearing and complaint shall be made as follows: 1. Where the respondent is an individual, by personally delivering a copy of the notice of hearing and complaint, or by leaving copies thereof at the respondent's dwelling house or usual place of abode wit…

(a) A respondent shall file an answer to the complaint with the Director within 35 days of service of the complaint, with a copy to the complainant. (b) In the answer, the respondent shall admit or deny each allegation of the numbered paragraphs of the complaint. (c) The responde…

A complaint may be amended as a matter of course at any time before an answer is filed with the Director. After the answer has been filed, any amendments to the pleadings shall be governed by N.J.A.C. 1:1-6.2. Notes N.J. Admin. Code § 13:45-3.4 New Rule, R.2007 d.32, effective 2/…

Nothing in this subchapter shall preclude the Attorney General from initiating administrative charges through, but not limited to, a notice of violation, provisional order of discipline or uniform penalty letter. The respondent shall answer the administrative charges as directed …

(a) After an agency proceeding has commenced, the Director shall promptly determine whether the matter is a contested case. (b) If a party petitions the Director to determine whether a matter is contested, the Director shall make that determination within 30 days from receipt of …

(a) All hearings under these rules shall be conducted before the Director. When the hearing is conducted before the Director, the Director may exercise the powers and responsibilities of an administrative law judge, pursuant to N.J.A.C. 1:1. (b) The Director may require the submi…

(a) Hearings shall be held at a time and place designated by the Director, having due regard for the convenience of the parties and witnesses. (b) The procedures for adjournments set forth under N.J.A.C. 1:1-9.6 shall govern all applications for adjournments in the Division. All …

Except as permitted by N.J.A.C. 1:1-5.4 and 1:1-5.6, a corporation shall not appear or file any paper in proceedings before the Director except through an attorney authorized to practice in this State. Notes N.J. Admin. Code § 13:45-4.4 As amended, R.1977 d. 93, eff. 3/17/1977. S…

Notes N.J. Admin. Code § 13:45-4.5 As amended, R.1977 d. 93, eff. 3/17/1977. See: 9 N.J.R. 184(a). Repealed by R.2007 d.32, effective 2/5/2007. See: 38 N.J.R. 4400(a), 39 N.J.R. 495(b). Section was "Pleadings".

Notes N.J. Admin. Code § 13:45-4.6 Repealed by R.2007 d.32, effective 2/5/2007. See: 38 N.J.R. 4400(a), 39 N.J.R. 495(b). Section was "Failure to appear".

Notes N.J. Admin. Code § 13:45-4.7 As amended, R.1977 d. 93, eff. 3/17/1977. See: 9 N.J.R. 184(a). Repealed by R.2007 d.32, effective 2/5/2007. See: 38 N.J.R. 4400(a), 39 N.J.R. 495(b). Section was "Transcript".

(a) The Director shall, not later than 45 days following the final day of hearing, receipt of the transcript or any required submissions, whichever is latest, issue a final decision and order. (b) The Director's final decision and order shall include findings of fact and conclusi…

(a) Upon a finding of a violation of any provision of law or any regulation promulgated thereunder, after a hearing, the Director may, order remedies consistent with the applicable statute, which may include registration suspension or revocation, the assessment of a civil penalty…

A final decision and order issued by the Director shall be served in conformance with N.J.A.C. 1:1-7.1. Notes N.J. Admin. Code § 13:45-5.3 As amended, R.1977 d. 93, eff. 3/17/1977. See: 9 N.J.R. 184(a). Amended by R.2007 d.32, effective 2/5/2007. See: 38 N.J.R. 4400(a), 39 N.J.R.…

(a) In any matter wherein payment of civil penalties, restitution and costs is ordered, payment thereof shall be made not later than 10 days following service of the Director's final decision and order or as directed by the terms of the order. (b) Payment of assessed penalties an…

The final order shall be effective on the date of filing with the Division. Any appeal of the final order shall be made to the Appellate Division within 45 days from the date of service of the final order and decision, in accordance with the New Jersey Court Rules. Notes N.J. Adm…