New Jersey Administrative Code

The purpose of this subchapter is to implement the provisions of P.L. 2017, c. 231 (N.J.S.A. 5:20-1 et seq.), which regulate fantasy sports operators. Notes N.J. Admin. Code § 13:45A-36.1 Adopted by 51 N.J.R. 1764(a), effective 12/2/2019

(a) Fantasy sports operators shall contract with a licensed certified public accountant to perform a financial audit of the operator and submit the accountant's report to the Division annually, no later than the first day of the seventh month following the close of the fantasy sp…

(a) Except as provided in (d) below, a fantasy sports operator shall pay to the Division, on a quarterly basis, an operations fee in an amount equal to 10.5 percent of fantasy sports gross revenue for each quarter. The operations fee will be deposited into the general fund of the…

(a) Fantasy sports operators shall establish policies that address: 1. Procedures to handle security incidents, including system failures, loss of service, breaches of confidentiality, and malicious intrusion. Such procedures shall address: i. Analysis and cause of the security i…

(a) Fantasy sports operators shall develop procedures by which participants may file a complaint about any aspect of a fantasy sports activity. Fantasy sports operators shall notify participants as to complaint procedures. (b) Fantasy sports operators shall respond to participant…

(a) Fantasy sports operators shall maintain records of:1. Each fantasy sports activity offered, which shall include: i. The date and time the fantasy sports activity started and ended; ii. Prize structure used; iii. Participants that entered the fantasy sports activity; iv. Selec…

(a) A fantasy sports operator shall limit each participant to one active account and username. (b) A fantasy sports operator shall establish procedures to terminate accounts of any participant that establishes or seeks to establish more than one username or more than one account.…

A fantasy sports operator shall not extend credit to a participant for purposes of participating in a fantasy sports activity. Notes N.J. Admin. Code § 13:45A-36.16 Adopted by 51 N.J.R. 1764(a), effective 12/2/2019

(a) A fantasy sports operator shall not allow a participant to transfer funds to any other participant. (b) After a participant's identity has been verified, a participant shall be allowed to withdraw funds maintained in his or her account, whether such account is opened or close…

(a) Fantasy sports operator permits shall be renewed annually. (b) Fantasy sports operators shall submit a renewal form and the permit fee as set forth in N.J.A.C. 13:45A-36.19 to the Division 45 days prior to the expiration date of the permit. Notes N.J. Admin. Code § 13:45A-36.…

(a) The Division shall charge the following non-refundable fantasy sports operator permitting fees: 1. Application fee ......................................................................... $ 500.00 2. Permit fee: i. For fantasy sports operator with fantasy sport gross revenue…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Applicant" means an individual or entity that applies for a permit to conduct fantasy sports activities. "Casino" means a single room in wh…

(a) A fantasy sports operator that was offering fantasy sports activities in New Jersey on August 24, 2017, shall be permitted to continue to provide fantasy sports activities until April 7, 2018. (b) A fantasy sports operator that is permitted to provide fantasy sports activitie…

(a) An applicant for a fantasy sports operator permit shall submit to the Division: 1. A completed application, on a form provided by the Division; 2. Proof that the applicant maintains equipment pursuant to the requirements of N.J.A.C. 13:45A-36.5; and 3. The application fee as …

(a) If a fantasy sports operator is a casino, all of the equipment it uses to conduct fantasy sports activities shall be physically located within the boundaries of the municipality specified in section 20 of P.L. 2013, c. 27 (N.J.S.A. 5:12-95.22). (b) If a fantasy sports operato…

(a) Fantasy sports operators shall conduct fantasy sports activities so that the outcome is determined by statistics generated based on the performance of actual individuals participating in real competitions or athletic events. (b) The outcome of fantasy sports activities shall …

(a) A fantasy sports operator shall not: 1. Share statistical information with third parties that could affect a fantasy sports activity until that information is publicly available; 2. Allow a prohibited participant to participate in fantasy sports activities; 3. Provide any fan…

(a) A fantasy sports operator, its employees, officers, and directors shall not disclose proprietary or non-public information that may affect fantasy sports activities to any participant. (b) A fantasy sports operator shall not knowingly permit an athlete, sports agent, team emp…

(a) Fantasy sports operators shall adopt procedures to ensure that prohibited participants and participants under the age of 18 years do not participate in fantasy sports activities. A fantasy sports operator shall refund any money held in an account created by a participant unde…

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Deed" means a written instrument entitled to be recorded in the office of a county recording officer that purports to convey or transfer …

(a) Any written form of communication used by a deed procurement service in order to solicit business shall include the following: 1. A statement that the communication is an advertisement; 2. A statement that deeds also may be obtained at the office of the county clerk; 3. The a…

(a) It shall be an unconscionable commercial practice for any person, including any business entity, to manufacture, distribute, sell or offer for sale any consumer product contrary to any order of the Consumer Product Safety Commission, pursuant to 15 U.S.C. §§ 2051 et seq. or t…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly requires otherwise: "Consumer product" means any article or component part thereof, produced or distributed: 1. For sale to a consumer for use in or around a perma…

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 rule shall be subject to the sanctions contained in said Consumer Fraud Act. Notes N.J. Admin. Code § 13:45A…

(a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used for merchandise ordered for future delivery shall: 1. Deliver all of the ordered merchandise by or on the promised delivery date; or 2. Provide written notice to t…

(a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence in ten-point bold face type: The merchandise you have ordered is promised for delivery to you on or before (insert date or length of time agreed upon). (b) The blan…

(a) The contract forms or sales documents shall conspicuously disclose the seller's obligations in the case of delayed delivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on the first page of the contract form or sales document, the following notice in ten-point bo…

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 said Consumer Fraud Act. Notes N.J. Admin. Code §…

(a) The purpose of this subchapter is to require Internet dating services to make disclosures in addition to those required by P.L. 2007, c. 272, N.J.S.A. 56:8-168 et seq. (Act), in order to effectuate the purposes of the Act. (b) The subchapter applies to Internet dating service…

The following words and terms as used in this subchapter shall have the following meanings unless the context clearly indicates otherwise: "Criminal background screening" means a name search for a person's criminal convictions initiated by an on-line dating service provider and c…

(a) An Internet dating service that conducts criminal background screenings on its members shall, in addition to the disclosures required by P.L. 2007, c. 272 (N.J.S.A. 56:8-171(d)), disclose, clearly and conspicuously, to all New Jersey members: 1. The means that it uses to cond…

An Internet dating service that discloses that it conducts a criminal background screening on members shall conspicuously display on the webpage containing a member's profile the service's policy, or a link to the policy, regarding the updating of criminal background screening in…

(a) The provisions of this subchapter apply to providers offering or selling prepaid calling service or prepaid calling cards to persons in the State and distributors of such cards for resale to persons in the State. (b) The provisions of this subchapter shall not apply to prepai…

(a) If a card is not available for use until activated by a point-of-sale terminal or comparable means, notice shall be provided on the card or on the front of the card's packaging in language that reasonably explains that the card has no value until activated. (b) If a customer …

(a) A card shall expire at the earlier of the expiration date or the end of the expiration period stated on the card. Cards without a specific expiration date or policy printed on the card, and with a balance of service remaining, shall be considered active for a minimum of one y…

A provider that issues prepaid calling cards or prepaid calling services shall provide a refund to any purchaser of a prepaid calling card or prepaid calling services if the network services associated with that card or services fail to operate in a commercially reasonable manner…

(a) A provider shall not charge any fee or surcharge that is not disclosed as required by this subchapter or that exceeds the amount disclosed by the provider. (b) A provider shall not charge a consumer for, or impose a fee or surcharge on, any call if the consumer is not connect…

A provider shall maintain access numbers with sufficient capacity to accommodate a reasonably anticipated number of calls without incurring a busy signal or undue delay. Notes N.J. Admin. Code § 13:45A-8.14

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 §…

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

(a) The following standards and requirements for consumer disclosure and services shall apply to the advertising and sale of prepaid calling cards and prepaid calling services: 1. Any advertisement of the price, rate or unit value in connection with the sale of prepaid calling ca…

(a) A provider shall not charge, apply or deduct from a card's balance any fees, taxes, surcharges or other amounts for use of the card, except: 1. The rate per minute for the particular destination called; 2. Any permitted fees; and 3. Any rate per minute, fee or charge disclose…

(a) A provider shall establish and maintain a toll-free customer service telephone number that shall meet the following requirements: 1. Customer service may be provided by a combination of a live operator, interactive voice response and electronic voice recording of customer inq…

(a) Providers shall provide a verbal announcement, which may be automated, immediately after a destination number is entered and prior to the processing of the call, stating the minutes remaining on the prepaid calling services account or prepaid calling card for a call to the nu…

All minutes or rates, or both, promoted or advertised on any prepaid calling card, any point-of-sale material relating to that card or otherwise relating to any prepaid calling service, shall be available and achievable by the consumer and there shall be no limitations on the per…

(a) The billing decrement required to be disclosed under N.J.A.C. 13:45A-8.3(a)3 xii shall be the policy that applies to the use of the prepaid calling card or calling service for calls from New Jersey to the advertised destination no matter where the caller is when the call is p…

(a) In the event of a dispute between a customer and a provider concerning the duration or occurrence of a call, which cannot otherwise be resolved, the provider shall provide the customer with the following information about the disputed call or calls: 1. The area code or countr…