New Jersey Administrative Code

(a) Applicant(s) shall request information from the Health Club Coordinator, Office of Consumer Protection, Post Office Box 45025, Newark, New Jersey 07101 regarding the initial registration of a facility; thereafter an application shall be forwarded to the applicant, along with …

(a) Where a facility claims exemption from registration because less than 40 percent of its square footage is devoted to health club services, the facility shall calculate the 40 percent square footage on the basis of the total indoor square footage of the establishment including…

A separate Declaration of Exemption from Security Requirement shall be filed for each facility claiming exemption from the bond/letter of credit/security requirement of N.J.S.A. 56:8-41 because its membership contracts are for a period of no longer than three months. An exemption…

Each establishment which has posted a bond as security shall maintain complete and accurate records relating to the bond and premium payments made thereon. Each establishment which has posted a letter of credit or provided other security acceptable to the Director of the Division…

(a) For the purpose of this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise: "Affiliated health club" means a health club located within 25 miles of a member's new permanent residence that will provide the s…

Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions contained in the Consumer Fraud Act. Notes N.J. Admin. Code § …

(a) The purpose of this subchapter is to implement the Lemon Law, P.L. 1988, c. 123, by establishing an automotive dispute resolution system within the Division of Consumer Affairs in conjunction with the Office of Administrative Law. The subchapter also sets forth the method of …

(a) Each manufacturer of motor vehicles sold or leased in New Jersey shall forward to the Division of Consumer Affairs, Lemon Law Unit (LLU), the name, address, and telephone number of the person designated by the manufacturer to receive notices under the Lemon Law dispute resolu…

(a) The refund claimed by a consumer pursuant to section 4(a) of the Lemon Law, whether through the Division of Consumer Affairs automotive dispute resolution system or a manufacturer's informal dispute resolution process, shall include: 1. The total purchase or lease price of th…

(a) The Director shall review the OAL proposed decision submitted by the administrative law judge who conducts the administrative hearing and shall adopt, reject, or modify the decision no later than 15 days after receipt. (b) At the conclusion of the 15-day review period, the Di…

(a) A manufacturer or a consumer may appeal a final decision to the Appellate Division of Superior Court; a notice of appeal must be filed with the Director no later than 45 days after the date of the final decision as defined in N.J.A.C. 13:45A-26.12(b). (b) An appeal by a manuf…

(a) The LLU shall compile a roster of American and foreign manufacturers of passenger automobiles and motorcycles registered, sold or leased in New Jersey. (b) Manufacturers who establish or participate in an informal dispute settlement procedure shall: 1. Advise the LLU of the e…

(a) The Division of Consumer Affairs shall maintain an index of all motor vehicle disputes by make and model and shall compile and maintain statistics indicating the record of manufacturer compliance with any settlement procedure decisions. (b) The index and statistical record of…

As used in this subchapter, the following words shall have the following meanings: "Co-manufacturer" means, solely with respect to an authorized emergency vehicle as defined in N.J.S.A. 39:1-1, any person that fabricates the authorized emergency vehicle utilizing a component or c…

(a) At the time of purchase or lease of a motor vehicle in the State of New Jersey, the manufacturer, through its dealer or lessor, shall provide the following written statement in English and Spanish directly to the consumer on a separate piece of paper, in at least 10-point bol…

(a) There is established within the Division of Consumer Affairs a section processing Lemon Law matters, to be known as the Lemon Law Unit (LLU). (b) The Lemon Law Unit shall upon request provide consumers with a brochure setting forth: 1. Information regarding a consumer's right…

(a) To initiate a claim within the Division of Consumer Affairs Lemon Law Unit under the Lemon Law: 1. Written notification of the potential claim shall be sent certified mail, return receipt requested, by or on behalf of a consumer, to the manufacturer of a nonconforming motor v…

(a) To be eligible for the Dispute Resolution System, a consumer must provide the following items to the LLU:1. A photocopy of the consumer's notification to the manufacturer of a potential claim; and 2. A completed Application for Dispute Resolution; the form will be supplied up…

(a) Application for dispute resolution shall require submission of the following: 1. Information as follows: i. The name and address of the consumer and lienholder, if any; ii. The date of original delivery of the motor vehicle to the consumer; iii. The mileage on the date the no…

(a) A consumer whose application for dispute resolution is accepted by the Division shall pay a filing fee of $ 50.00 by certified check or money order payable to the "New Jersey Division of Consumer Affairs". The filing fee shall be nonrefundable but is recoverable as a cost if …

(a) Submitted applications shall be reviewed by the LLU for completeness and compliance with the Lemon Law and this subchapter. 1. Incomplete applications shall be promptly returned for completion to the consumer. 2. Applications not in compliance with this subchapter and the Lem…

Without limiting any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., the rules contained in this subchapter set forth motor vehicle advertising practices which are prohibited as unlawful under the Consumer Fraud Act; the rules also inc…

(a) An advertiser shall have a motor vehicle advertised for sale on premises and available for sale at the advertised price during the period of publication, or a record of the sale of that vehicle at the advertised price or less during that period. An advertiser shall have a mot…

(a) These rules shall apply to the following advertisements: 1. Any advertisement, including radio and television broadcasts, uttered, issued, printed, disseminated, published, circulated or distributed within this State concerning motor vehicles offered for sale or lease at loca…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Advertised motor vehicle" means any new or used motor vehicle offered for sale or lease and specifically identified by an advertised pr…

(a) The following motor vehicle advertising practices constitute "bait and switch" and are prohibited and unlawful:1. The advertisement of a motor vehicle as part of a plan or scheme not to sell or lease it or not to sell or lease it at the advertised price. 2. Without limiting o…

(a) In any advertisement in which an advertiser offers a new motor vehicle for sale at an advertised price, the following information must be included: 1. The advertiser's business name and business address; 2. A statement that "price(s) include(s) all costs to be paid by a consu…

(a) In any advertisement offering a new or used motor vehicle for lease, at an advertised price, the following information shall be included: 1. That the transaction advertised is a lease; 2. The amount of any payment required at the inception of the lease or that no payment is r…

(a) In any type of motor vehicle advertising, the following practices shall be unlawful: 1. The use of any type size, location, lighting, illustration, graphic depiction or color so as to obscure or make misleading any material fact; 2. The setting forth of an advertised price wh…

(a) The following information must be stated in any credit and installment sale advertising. It must appear adjacent to the description of the advertised motor vehicle and not in a footnote or headline unless the information is the same for all motor vehicles advertised. If in a …

(a) The following information relating to an advertised motor vehicle must be provided at the main entrance(s) to the business premises where the motor vehicle is displayed or in proximity to the vehicle or on the vehicle itself: 1. A copy of any printed advertisement that quotes…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context indicates otherwise. "Automotive dealer" means any person as defined by N.J.S.A. 56:8-1(d) who in the ordinary course of business is engaged in the sale of motor vehi…

(a) In connection with the sale of a motor vehicle, which includes the assessment of a pre-delivery service fee, automotive dealers shall not: 1. Accept, charge, or obtain from a consumer monies, or any other thing of value, in exchange for the performance of any pre-delivery ser…

(a) In connection with the sale of a motor vehicle, which includes the assessment of a documentary service fee, automotive dealers shall not: 1. Represent to a consumer that a governmental entity requires the automotive dealer to perform any documentary service; or 2. Accept, cha…

Without limiting the prosecution of any other practices, which may be unlawful under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any violations of this subchapter shall comprise a violation of the Consumer Fraud Act. Notes N.J. Admin. Code § 13:45A-26B.4 New Rule, R.2009 d.1…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Automotive repair dealer" means any person who, for compensation, engages in the business of performing or employing persons who perfor…

(a) Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., the following acts or omissions shall be deceptive practices in the conduct of the business of an automotive repair dealer, whether such act or…

(a) For purposes of this rule, all terms that are defined in the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. section 1402 (1970), as may be amended from time to time, are used as defined therein. (b) "Tire purchaser" means a person who buys or leases a new or…

(a) It shall be a deceptive practice in connection with the sale of tires to consumers resident in New Jersey, or by tire distributors or dealers doing business in New Jersey, unless the tire distributor or dealer who makes the sale provides the retail purchaser with a true copy …

Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any violations of the provisions of this rule shall be subject to the sanctions contained in said Consumer Fraud Act. Notes N.J. Admin. Code § 13:4…

(a) The purpose of this subchapter is to implement the Motorized Wheelchair Lemon Law, P.L. 1995, c.233, by establishing a motorized wheelchair dispute resolution system within the Division of Consumer Affairs in conjunction with the Office of Administrative Law. The subchapter a…

(a) Each manufacturer of motorized wheelchairs sold or leased in New Jersey shall forward to the Division of Consumer Affairs, Wheelchair Lemon Law Unit, the name, address, telephone and telefax number of the person designated by the manufacturer to receive notices under this dis…

(a) The refund claimed by a consumer pursuant to section 4 of the Wheelchair Lemon Law, whether through the Division of Consumer Affairs motorized wheelchair dispute resolution system or a manufacturer's informal dispute resolution process, shall include: 1. The total purchase pr…

(a) The Director shall review the OAL proposed decision submitted by the administrative law judge who conducts the administrative hearing and shall adopt, reject, or modify the decision no later than 15 days after receipt. (b) At the conclusion of the 15-day review period, the Di…

(a) A manufacturer or a consumer may appeal a final decision to the Appellate Division of the Superior Court by filing a notice of appeal with the court as well as the Director no later than 45 days after the date of the final decision as defined in N.J.A.C. 45A-26E.12(b). (b) An…

(a) The WLLU shall compile a roster of American and foreign manufacturers of motorized wheelchairs sold or leased in New Jersey. (b) Manufacturers who establish or participate in an in-house customer assistance mechanism, private arbitration, private buy-back program, or any othe…

(a) The Division of Consumer Affairs shall maintain an index of motorized wheelchair disputes by make and model and shall compile and maintain statistics indicating the record of manufacturer compliance with any settlement procedure decisions. (b) The index and statistical record…