New Jersey Administrative Code

(a) A telemarketer shall: 1. Establish and implement written procedures to comply with the requirements of the Act and this chapter; and 2. Train employees in telemarketing rules and procedures. Notes N.J. Admin. Code § 13:45D-3.11

(a) Each telemarketer shall annually register with the Division by submitting the following, on forms provided by the Director: 1. The name and street address of each location at which telemarketing is to be conducted from and any fictitious or trade name to be used by the telema…

(a) Each applicant shall file a disclosure statement with the Director stating whether the applicant has been convicted of any violations of the following provisions of the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, or the equivalent under the law…

Whenever any information required to be included in the disclosure statement changes, or if additional information should be added after the filing of the statement, the applicant shall provide that information to the Director, in writing, within 30 calendar days of the change or…

A telemarketer shall submit with its annual registration application the fee specified in N.J.A.C. 13:45D-1.4(a). Notes N.J. Admin. Code § 13:45D-3.5

A telemarketer applicant seeking to register with the Division shall have the continuing duty to provide any assistance or information, and to produce any records requested by the Director, and to cooperate in any inquiry, investigation or hearing conducted by the Director. Notes…

(a) The Director may refuse to issue or renew, or suspend or revoke any registration issued by the Division for:1. Failure to comply with, or for a violation of, N.J.S.A. 56:8-119 et seq. or any provision of this chapter; or 2. Any entity, officer, director, principal or owner of…

Each registration number issued by the Director to a telemarketer remains the property of the State of New Jersey. If the Director suspends, fails to renew, or revokes a registration, the telemarketer shall immediately return the registration number to the Director. Notes N.J. Ad…

(a) Each telemarketer shall maintain a list of the names and telephone numbers of existing customers who have requested not to receive telemarketing sales calls from that telemarketer which notes the date the customer made the request. (b) A telemarketer that receives a request f…

(a) A telemarketer shall not make or cause to be made any unsolicited telemarketing sales calls to a customer: 1. After three months from the date the customer's telephone number first appears on the no telemarketing call list; 2. Between the hours of 9:00 P.M. and 8:00 A.M., loc…

(a) Telemarketers may make the following telemarketing sales calls even if the customer is on the no telemarketing call list unless the customer has requested not to receive telemarketing sales calls under N.J.A.C. 13:45D-3.9: 1. Calls made to an existing customer; or 2. Calls ma…

(a) All telemarketers making any telemarketing sales call to a New Jersey customer shall, within the first 30 seconds of such call, disclose all of the following information: 1. The name of the person making the call; 2. The name of the telemarketing entity making the call; 3. Th…

A telemarketer may call an established customer on the no telemarketing call list or telemarketer specific no call list provided that the call is limited to the provision of continuing services and does not relate to expanded services, upgrades, products or other services unless …

(a) A registered telemarketer shall not be held liable for violating the Act or this chapter if the telemarketer can demonstrate that: 1. The telemarketer has obtained and put into use a copy of the no telemarketing call list which is no older than three months at the time the te…

Any violation of the Act or this chapter shall be subject to the penalty provisions of N.J.S.A. 56:8-13 and 56:8-14.3. Notes N.J. Admin. Code § 13:45D-4.6

(a) A customer who wishes to be placed on the no telemarketing call list shall register by: 1. Calling the Federal toll-free registration number, 1-888-382-1222 (TTY 1-866-290-4236) from the telephone number the customer wishes to add to the no telemarketing call list; 2. Registe…

A customer may be removed from the no telemarketing call list by calling the National Do Not Call Registry at 1-888-382-1222 (TTY 1-866-290-4236). In order to be removed from the list the customer must call from the telephone number that he or she wishes to be removed from the no…

The rules in this chapter provide for the interpretation and administration of the Health Care Professional Responsibility and Reporting Enhancement Act, P.L. 2005, c. 83. Notes N.J. Admin. Code § 13:45E-1.1

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Act" means the Health Care Professional Responsibility and Reporting Enhancement Act, P.L. 2005, c. 83. "Board" means one of the boards lis…

(a) Except as provided in (c) below, a health care entity shall file a report with the Clearing House Coordinator concerning a health care professional who is employed by, under contract to render professional services to, or has clinical privileges granted by that health care en…

(a) A health care professional shall file a report with the Clearing House Coordinator if that health care professional is in possession of information which reasonably indicates that another health care professional has demonstrated an impairment, gross incompetence or unprofess…

(a) A health care entity shall execute and deliver to the health care professional signing the report an acknowledgment of such signing and an undertaking to file the joint report with the Clearing House Coordinator. (b) A health care entity that is reporting the conduct of a hea…

A health care entity shall provide the health care professional who is the subject of a report pursuant to N.J.A.C. 13:45E-3.1 with a copy of the report provided to the Clearing House Coordinator, when the health care entity submits the report to the Clearing House Coordinator. N…

(a) Reports to the Clearing House Coordinator shall be on the form annexed to this chapter as the Appendix and incorporated herein by reference. (b) Reports to or from the Clearing House Coordinator shall not be considered government records under the Open Public Records Act, N.J…

(a) The Clearing House Coordinator, together with the Deputy Director and counsel, if needed, shall review each report to determine if the action and conduct reported are required to be the subject of a report under N.J.A.C. 13:45E-3.1. (b) If the action or conduct reported is re…

(a) A health care entity making an inquiry to another health care entity about a health care professional shall furnish to that entity a written certification that the inquiry is made for the purpose of evaluating a health care professional for hiring, continued employment, or co…

(a) A health care entity that makes an inquiry to the Clearing House Coordinator about a health care professional shall furnish to the Clearing House Coordinator a written certification that the inquiry is made for the purpose of evaluating a health care professional for hiring, …

(a) The confidentiality afforded by the Act shall not apply to any mandatory information included in a health care professional's profile posted pursuant to N.J.S.A. 45:9-22.23. (b) The Clearing House Coordinator shall notify a health care entity, or health care professional, tha…

A health care entity or a health care professional required to create a document or writing under this subchapter shall retain the document or writing for a period of seven years. Notes N.J. Admin. Code § 13:45E-8.1

This chapter is promulgated by the Director under the Identity Theft Prevention Act (the ITPA), N.J.S.A. 56:11-44 et seq. The rules address the obligations of a consumer reporting agency to New Jersey consumers regarding placing, lifting or removing a security freeze on a consume…

This chapter applies to consumer reporting agencies that maintain consumer reports on New Jersey residents and any public or private entity or person who has access to the Social Security numbers of New Jersey residents. Notes N.J. Admin. Code § 13:45F-1.2

For the purposes of this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise: "Communicate" means to send a written or other tangible record or to transmit a record by any means agreed upon by the persons sendin…

(a) Each consumer reporting agency shall provide to consumers: 1. Complete, easily accessible information presented in plain language about how to place, lift and remove a security freeze on a consumer report including: i. All identifying information that the consumer reporting a…

(a) Upon receipt of a consumer's written request to place a security freeze on his or her consumer report made in accordance with the procedures provided in N.J.A.C. 13:45F-2.1(a), a consumer reporting agency shall, within five business days of receipt: 1. Place the security free…

(a) Upon receipt of a consumer's request to temporarily lift a freeze sent by certified or overnight mail or such system of secure electronic media as may be made available by the consumer reporting agency, the consumer reporting agency shall: 1. Lift the freeze if the consumer h…

(a) Where a consumer reporting agency has received a request from the consumer to remove a security freeze it shall: 1. Remove the freeze if the consumer has supplied the information necessary for proper identification specified in the information given to the consumer pursuant t…

(a) Until a security freeze placed on a consumer report is removed, the consumer reporting agency shall not change any official information in the consumer report without first sending a written notice of the change to the consumer. The written notice shall be sent within 30 days…

(a) Within 24 hours of notification that a consumer has lost his or her PIN or password, the consumer reporting agency shall: 1. Issue a new or reissue the original PIN or password if the consumer has supplied the information necessity for proper identification given to the consu…

(a) A consumer reporting agency may charge the following fees: 1. Temporary lift or removal of a security up to $ 5.00 ;freeze.......................................... and 2. Replacement or re-issuance of a lost . PIN or password............................... .up to $ 5.00. (b)…

(a) No person, including a public or private entity, shall: 1. Publicly post or publicly display an individual's Social Security number or any four or more consecutive numbers taken from the individual's Social Security number; 2. Print an individual's Social Security number on a…

(a) Any consumer reporting agency that willfully fails to comply with the requirements of N.J.A.C. 13:45F-2 or N.J.S.A. 56:11-30 or 56:11-46 through 49 shall be liable to a consumer as provided in N.J.S.A. 56:11-38. (b) Any consumer reporting agency that is negligent in failing t…

It shall be an unlawful practice and a violation of the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., to willfully, knowingly or recklessly violate N.J.S.A. 56:8-161 through 164. Notes N.J. Admin. Code § 13:45F-5.2

The rules in this chapter implement the provisions of P.L. 2010, c. 17, which require that a final disposition of a consumer complaint filed with a board, the Director through the Attorney General, or the Attorney General be rendered within 120 days of the filing of the complaint…

The rules in this chapter apply to the disposition of consumer complaints against a licensee of any of the boards designated in N.J.S.A. 45:1-15 received by the board, the Director through the Attorney General, or the Attorney General on or after November 2, 2010. Notes N.J. Admi…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Administrative hearing in a contested case" for the purpose of this chapter commences with the filing by or on behalf of a board of an admi…

(a) A board, the Director through the Attorney General, or the Attorney General shall render a final disposition of a consumer complaint within 120 days of the filing of the complaint, except that the 120-day period shall be tolled, based upon the documented approval of the Attor…

(a) A consumer who wants to file a consumer complaint against a licensee shall include in or with communications to a board, the Director through the Attorney General or the Attorney General all of the information about the matter available to the consumer, together with supporti…