Title 45, Title 45: PROFESSIONS AND OCCUPATIONS

45:14D-16 Violations, penalties. 16. a. Any person violating any provision of P.L.1981, c.311 (C.45:14D-1 et seq.) shall, in addition to any other sanctions provided herein, be liable to a civil penalty of not more than $5,000 for the first offense and not more than $20,000 for t…

45:14D-16a License required. 3. It shall be an unlawful practice for a person who does not hold a license to engage in the business of public moving or storage issued pursuant to section 9 of P.L.1981, c.311 (C.45:14D-9) to offer to perform activities or services subject to regul…

45:14D-16b Unlawful practice regarding consumer property. 4. It shall be an unlawful practice for a public mover, warehouseman, or any other person, whether or not holding a license issued pursuant to section 9 of P.L.1981, c.311 (C.45:14D-9), who engages in the business of publi…

45:14D-16c License required for use of motor vehicle in business of public moving. 5. a. A person owning or operating a motor vehicle who shall use or direct another person to use his motor vehicle for engaging in the business of public moving without having a license as provided…

45:14D-16d Unlicensed person engaging in public moving, storage; crime, penalties. 6. Any person who does not hold a license to engage in the business of public moving or storage issued pursuant to section 9 of P.L.1981, c.311 (C.45:14D-9), who holds himself out as a public mover…

45:14D-17 Investigations of suspected violations. 7. Whenever it shall appear to the director or the Attorney General that a person has engaged in, or is engaging in, any act or practice declared unlawful by P.L.1981, c.311 (C.45:14D-1 et seq.), or when the director or the Attorn…

45:14D-18 Court order. 8. If a person fails or refuses to file any statement or report, or refuses access to premises from which activities regulated by P.L.1981, c.311 (C.45:14D-1 et seq.) are conducted in any lawfully conducted investigative matter or fails to obey a subpoena i…

45:14D-19. Refusal to testify on grounds of incrimination; compliance with direction to testify; immunity from penalty or forfeiture If a person who refuses to testify or produce any book, paper, or other document in any proceeding under P.L.1981, c. 311 (C. 45:14D-1 et seq.) for…

45:14D-2 Definitions. 2. As used in this act: a. "Accessorial service" means the preparation of articles for shipment, including, but not limited to, the packing, crating, boxing and servicing of appliances, the furnishing of containers, unpacking, uncrating and reassembling of a…

45:14D-20 Additional penalties. 10. In addition or as an alternative, as the case may be, to revoking, suspending or refusing to renew any license, the director may, after affording an opportunity to be heard: a. Assess civil penalties in accordance with P.L.1981, c.311 (C.45:14D…

45:14D-21 Injunctive relief. 11. Whenever it shall appear to the director or the Attorney General that a violation of P.L.1981, c.311 (C.45:14D-1 et seq.), including the unlicensed practice of the activities regulated therein, has occurred, is occurring, or will occur, the Attorn…

45:14D-22 Docketing of judgment. 12. Upon the failure of any person to comply within 10 days after service of any order of the director directing payment of penalties or restoration of moneys or property, the Attorney General or the director may issue a certificate to the Clerk o…

45:14D-23 Violation of cease and desist order. 13. When it shall appear to the director or the Attorney General that a person against whom a cease and desist order has been entered has violated the order, the director or the Attorney General may initiate a summary proceeding in t…

45:14D-24. Person with ascertainable loss due to unlawful act; action or counterclaim; triple damages; attorney's fees, filing fees and costs Any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another per…

45:14D-25 Insurance requirements. 15. No license shall be issued to a warehouseman or mover or remain in force unless the warehouseman or mover complies with the rules or regulations that the director shall prescribe governing policies of insurance, qualifications as a self-insur…

45:14D-25.1 Contracting public mover, additional coverage of certain owner-operators. 4. A contracting public mover shall add as an additional covered insured under its policies of insurance or other securities or agreements, as required pursuant to section 15 of P.L.1984, c.140 …

45:14D-25.2 Public mover, proof of insurance, workers compensation coverage required of owner-operator. 5. a. An owner-operator, in order to enter into any contract with a public mover to perform any mover's services of the public mover, shall secure and maintain insurance, or ot…

45:14D-25.3 Rules, regulations. 6. The director shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act. L.2007, c.50, s.6.

45:14D-26 Notification to BPU of unlicensed mover. 3. The director shall 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 by the director. L.1998, c.60, s.3; amended 2010, c.87, s.42.

45:14D-27 Order to disconnect unlicensed mover's telephone. 4. When notified by the director pursuant to section 3 of P.L.1998, c.60 (C.45:14D-26), the Board of Public Utilities shall order the servicing telecommunications company to disconnect that mover's telephone number that …

45:14D-28 Disconnection of unlicensed mover's telephone. 5. When ordered by the Board of Public Utilities pursuant to section 4 of P.L.1998, c.60 (C.45:14D-27), the telecommunications company shall disconnect that mover's telephone number that is published in any commercial listi…

45:14D-29 Furnishing of binding estimate in writing; violations, penalties. 6. a. If a binding estimate is used for moving, the estimate shall be furnished in writing to the customer or other person responsible for payment of the charges for the mover's services and a copy of the…

45:14D-3. Exclusions The provisions of this act shall not be construed to include motor vehicles owned or operated by: a. The United States, the State, or any local government, subdivision, agency or instrumentality thereof; b. Persons transporting property in intrastate commerce…

45:14D-30 Annual report. 7. The Division of Consumer Affairs shall annually submit a report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), which provides information on the enforcement and violations of P.L.1981, c.311 (C.45:14D-1 et seq.). The repor…

45:14D-6 Powers and duties of director. 6. The director shall, in addition to such other powers and duties as the director may possess by law: a. Administer and enforce the provisions of P.L.1981, c.311 (C.45:14D-1 et seq.); b. Adopt and promulgate rules and regulations, pursuant…

45:14D-7 Revocation, suspension, nonrenewal, nonissuance of licenses; grounds, hearing. 7. The director may, after notice and opportunity for a hearing, revoke, suspend or refuse to renew or issue any license issued pursuant to this act upon a finding that the applicant or holder…

45:14D-8 Restoration after one year. 8. The director may, after one year from the date of the revocation of any license, restore the license. L.1981, c.311, s.8; amended 1993, c.365, s.5; 2010, c.87, s.29.

45:14D-9 License required, application, issuance. 9. a. It shall be unlawful for any person to engage in the business of public moving or storage unless he shall have obtained from the director a license to engage in the business and shall have a permanent place of business in th…

45:14E-1. Short title This act shall be known and may be cited as the "Respiratory Care Practitioner Licensing Act." L.1991,c.31,s.1.

45:14E-10. Licensing of qualified applicants 10. The board shall license as a respiratory care practitioner any applicant whom the board determines to be qualified to perform the duties of a respiratory care practitioner. In making a determination, the board shall require evidenc…

45:14E-11. Issuance of license, renewal Licenses shall be issued for a period of two years, except in the case of a temporary license issued pursuant to section 14 or 15 of this act, and may be renewed upon submission of a renewal application provided by the board and payment of …

45:14E-12 Written examination required for licensure. 12. The written examination provided for in section 10 of this act shall test the applicant's knowledge of basic and clinical sciences as they relate to respiratory care and respiratory care theory and procedures and any other…

45:14E-13. Licensing of out-of-State license holders Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board shall issue without examination a license to a respiratory care practitioner who holds a valid license issued by …

45:14E-14 Issuance of temporary license. 14. Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board may issue without examination a temporary license to practice respiratory care in this State to a person who provides evi…

45:14E-15 Issuance of license, respiratory therapist. 15. The board shall issue a license to perform respiratory care to an applicant who has passed the Registered Respiratory Therapist or the Certified Respiratory Therapist examination offered by the National Board for Respirato…

45:14E-16 Continuing education requirements, duties of board. 6. a. The board shall require each respiratory care practitioner, as a condition of biennial license renewal pursuant to section 1 of P.L.1972, c.108 (C.45:1-7), to complete any continuing education requirements impose…

45:14E-17 Discretionary waiver of requirements. 7. The board may, in its discretion, waive requirements for continuing education on an individual basis for reasons of hardship, such as health or other good cause. L.2004,c.167,s.7.

45:14E-18 Continuing education credits not required in certain cases; transition requirements. 8. The board shall not require completion of continuing education credits for initial registrations. The board shall not require completion of continuing education credits for any regis…

45:14E-2. Findings, declarations The Legislature finds and declares that the public interest requires the regulation of the practice of respiratory care and the establishment of clear licensure standards for respiratory care practitioners; and that the health and welfare of the c…

45:14E-3 Definitions. 3. As used in this act: a. "Board" means the State Board of Respiratory Care established pursuant to section 4 of P.L.1991, c.31 (C.45:14E-4). b. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. c.…

45:14E-4. State Board of Respiratory Care created There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Respiratory Care. The board shall consist of 11 members who are residents of the State, two of whom shall be pu…

45:14E-5. Compensation for board members Members of the board shall be compensated and reimbursed for expenses and provided with office and meeting facilities pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5). L.1991,c.31,s.5.

45:14E-6 Election of officers, meetings. 6. The board shall annually elect from among its members a chairman and a vice-chairman. The board shall meet quarterly and may hold additional meetings as necessary to discharge its duties. L.1991,c.31,s.6; amended 2004, c.167, s.2.

45:14E-7. Duties of the board The board shall: a. Review the qualifications of applicants for licensure; b. Insure the proper conduct and standards of examinations; c. Issue and renew licenses to respiratory care practitioners pursuant to this act; d. Suspend, revoke or fail to r…

45:14E-8. Appointment of Executive Director The Executive Director of the board shall be appointed by the director and shall serve at the director's pleasure. The salary of the Executive Director shall be determined by the director within the limits of available funds. The direct…

45:14E-9 Licensing for respiratory care practitioners required. 9. a. No person shall practice, nor present himself as able to practice, respiratory care unless he possesses a valid license as a respiratory care practitioner in accordance with the provisions of P.L.1991, c.31 (C.…