New Jersey Statewide Navigation Bar
NJ Office of the Attorney General
Division of Consumer Affairs
DCA Highlights Search Licensees Complaint Forms Consumer Information Professional Boards and Advisory Committees DCA News Contact Information
Division of Consumer Affairs A-Z List
NEW JERSEY REGISTER
VOLUME 40, ISSUE 7
ISSUE DATE: APRIL 7, 2008
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
REGULATED BUSINESS SECTION

 

Proposed Readoption with Amendments: N.J.A.C. 13:45B
Proposed New Rules: N.J.A.C. 13:45B-5.1, 6.1, and 6.3
Proposed Repeal: N.J.A.C. 13:45B-6.5
Proposed Repeal and New Rule: N.J.A.C. 13:45B-6.2
Proposed Recodification with Amendments: N.J.A.C. 13:45B-13.2 as 7.3

Personnel Services

Authorized By: Lawrence DeMarzo, Acting Director, Division of Consumer Affairs.
Authority: N.J.S.A. 56:8-1.1, 34:8-43 et seq. and 52:17B-122 and 52:17B-124.
Calendar Reference: See Summary below for explanation of exemption to calendar requirement.

Proposal Number: PRN 2008-91.
Submit written comments by June 6, 2008 to:

Lawrence DeMarzo, Acting Director
Office of the Director
New Jersey Division of Consumer Affairs
124 Halsey Street
P.O. Box 45027
Newark, NJ 07101

The agency proposal follows:

Summary

The Division of Consumer Affairs of the Department of Law and Public Safety (Division) is proposing to readopt with amendments N.J.A.C. 13:45B, which regulates personnel services. Pursuant to Executive Order No. 66 (1978) and N.J.S.A. 52:14B-5.1c, these rules are scheduled to expire on August 31, 2008. In compliance with the Executive Order, the Division undertook a thorough review of the existing provisions of N.J.A.C. 13:45B in order to delete any unnecessary rules and clarify existing provisions. The Division believes that the rules proposed for readoption, as amended, are necessary, reasonable, understandable and responsive to the purpose for which they were originally promulgated. The Division has proposed new Subchapter 12 at 40 N.J.R. 91(b), which is intended to establish registration requirements for temporary help service firms and recordkeeping requirements for those temporary help service firms that provide transportation to employees to get to or return from the work site. That proposal also contains several recodifications, including the recodification of existing Subchapter 12 as Subchapter 15, existing Subchapter 13 as new Subchapter 16, existing Subchapter 14 as Subchapter 13 and existing Subchapter 15 as Subchapter 14. It also includes technical amendments to N.J.A.C. 13:45B-4.6 and 8.1. This notice of proposal does not give effect to proposed new Subchapter 12 and the attendant recodifications. The following is a summary of the 15 subchapters of N.J.A.C. 13:45B, as well as a summary of the proposed amendments, new rules and repeals. Subchapter 1 sets forth the purpose and scope for N.J.A.C. 13:45B and defines words and terms, which are used throughout the chapter. N.J.A.C. 13:45B-1.1(b) has been amended to reflect the statutory authority, N.J.S.A. 56:8-1.1, for the Division's regulation of temporary help services firms. This change has been made in several places throughout the chapter, including to the definition of "applicant." The definition of advertisement has been amended to include the language "any other electronic medium, or delivered to or through any computer." This change makes the definition consistent with the Division's rules for general advertising found at N.J.A.C. 13:45A-9.1. Definitions for "booking agent" and "entertainment agency" have been removed from N.J.A.C. 13:45B-6.2 and relocated to N.J.A.C. 13:45B-1.2. A definition for "CFA," the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., has been added. Subsection 3 of the definition of "employment agency" has been amended to delete references to actors, actresses, vocalists, musicians and models, since those groups are included in the definition of "performing artists." As such, "performing artists" remains in the definition. The definition of "registration" has been amended to include health care service firms. The definition of "Section" has been amended to clarify that the Office of Consumer Protection is within the Division of Consumer Affairs. Subchapter 2 contains the requirements for employment agency owners and the holders of employment agency or employment agent licenses. The subchapter includes: the licensure requirements for an employment agency, N.J.A.C. 13:45B-2.1; posting requirements for both agency and agents' licenses, the agency's fees and an abstract of P.L. 1989, c. 331, N.J.S.A. 34:8-43 et seq. (the Act) and this chapter, N.J.A.C. 13:45B-2.2; agency bond requirements, N.J.A.C. 13:45B-2.3; the types of agency records to be maintained and opened for inspection by the Division, N.J.A.C. 13:45B-2.4; the requirements for agreements between an employment agency and an employer, the requirements for accepting, charging and computing the fees of the employment agency, and the requirements for submission to and review by the Section of the fee schedule, N.J.A.C. 13:45B-2.5; the licensure requirements for an employment agent, N.J.A.C. 13:45B-2.6; the requirements for an employment agent's conditional license, N.J.A.C. 13:45B-2.7; and the identification/introductory card requirement and the agency's duty to seek and check the character references of job seekers, N.J.A.C. 13:45B-2.8. The Division proposes to amend N.J.A.C. 13:45B-2.1 to reference the requirement for submission of the applicable fee for licensure under N.J.A.C. 13:45B-7.1. The Division proposes to correct N.J.A.C. 13:45B-2.4(a)1iii to reflect the change from "Chief" to "Executive Director" proposed at 26 N.J.R. 4316(a) and adopted in 27 N.J.R. 1430(a). The Division proposes to amend subparagraph (a)1iv to add the requirement that an agency's application form, which includes additional information deemed necessary by the agency, is not to violate Federal law. In addition, the Division proposes to amend paragraph (a)4 to delete "Section" and replace it with "Director or the Director's duly authorized representative" to make it consistent with subsection (a). A similar change has been made in N.J.A.C. 13:45B-2.6(a). The Division also proposes to amend certain subsections of N.J.A.C. 13:45B-2.5. First, subsection (b) is being amended to correct an erroneous reference to N.J.S.A. 56:12-1 et seq. as the "Plain Language Act" and replace it with "plain language law," as there is no proper name assigned to the law. In addition a second amendment would clarify that contracts must meet the standards set forth in the plain language law. Second, in paragraph (f)3, the terminology "three days time" has been replaced by "three business days," in order to give an agency sufficient time to appropriately determine whether the termination was the fault of the employee. The language of that paragraph also has been clarified. New N.J.A.C. 13:45B-2.6(a)3 and 2.7(b)6 have been added to reference the requirement of submission of the applicable fee for licensure under N.J.A.C. 13:45B-7.1. Existing subsections N.J.A.C. 13:45B-2.6(b) and (c) have been recodified as (c) and (d), respectively. The last sentence of N.J.A.C. 13:45B-2.6(a) has been deleted and proposed as new subsection (b) with amendments. The heading of N.J.A.C. 13:45B-2.8 has been amended to include "character references" since subsection (b) discusses circumstances under which the agency must seek character references. N.J.A.C. 13:45B-2.8(b)2 has been amended to make clear that if the employer waives verification of character references, the agency does not have to make the verification, but it must keep a written record of the waiver. Subchapter 3 sets forth employment agencies' duties with respect to primary and secondary business locations. N.J.A.C. 13:45B-3.1(b) requires an employment agency to obtain a special permit in order to operate a secondary location. The word "Section" in paragraph (b)1 has been replaced with "Division," for the reasons set forth above. Subsection (d) applies to the circumstances under which entertainment showcases must seek a special permit. Paragraph (d)1 has been amended to reflect that an entertainment agency may offer entertainment showcase services since it is defined as a booking agency under the circumstances set forth in the definition of "entertainment agency." N.J.A.C. 13:45B-3.1(a) and (b)1 have been amended for purposes of clarification. Subchapter 4, at N.J.A.C. 13:45B-4.1, sets forth examination subjects for employment agent license applicants. N.J.A.C. 13:45B-4.2 sets forth specific rules for employment agent license applicants who seek to include "aeronautical" occupations in their placements. N.J.A.C. 13:45B-4.5, 4.6 and 4.7 set forth the requirements for agencies that offer certain types of career counseling, temporary placement operations integrated with an employment agency, and temporary help, respectively. The Division proposes to amend 13:45B-4.5(a) to reflect changes in codification and to clarify the language. Subchapter 5 has been amended to add new N.J.A.C. 13:45B-5.1 that sets forth registration requirements for consulting firms. Those requirements are not new, however. Existing N.J.A.C. 13:45B-5.1, which has been recodified as N.J.A.C. 13-45B-5.2, states that consulting firms offering temporary help services are required to register as consulting firms, not temporary help service firms. The rule also requires consulting firms that offer temporary help services to post a $ 1,000 bond with the Attorney General to ensure compliance with the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 et seq. Subchapter 6 contains rules for the operation of entertainment agencies. N.J.A.C. 13:45B-6.1 sets forth the scope and purpose of the entertainment agency rules. N.J.A.C. 13:45B-6.1 has been amended to use only the term "Act" to reflect that the term is defined at N.J.A.C. 13:45B-1.2. The rule also has been amended to delete the reference to N.J.A.C. 13:45B-1.2, since "person" has been defined at the beginning of the chapter. A third amendment to that provision deletes references to actors, actresses, vocalists, musicians and models in subsection (a) since they are included within the definition of "performing artists." The definition section of N.J.A.C. 13:45B-6.2 has been proposed for repeal. The definitions for "booking agency" and "performing artists" are found at N.J.A.C. 13:45B-1.2. The definitions for "booking agent" and "entertainment agency" have been added into the chapter definition section. Booking agent has been amended to remove a statutory cite and to change "employment agent," an undefined term, to "agent," a defined term. The definition of "entertainment agency" has been amended to delete references to actors, actresses, vocalists, musicians and models, which makes the definition consistent with the change to N.J.A.C. 13:45B-6.1(a). The subchapter has been amended to include new sections N.J.A.C. 13:45B-6.2 and 6.3, which set forth the registration and bond requirements for booking agencies and entertainment agencies. Those requirements are not new. The sections that follow have been recodified. Under recodified N.J.A.C. 13:45B-6.4, entertainment agencies are required to post their licenses in a conspicuous place within the agency. In addition, entertainment agencies must post the schedule of fees and an abstract of both the Act and this chapter. The language of subsection (c) has been clarified. Recodified N.J.A.C. 13:45B-6.5 sets forth the contract requirements between the entertainment agency and each performing artist, as well as the requirement to file copies of the contract forms with the Division and to maintain copies of executed contracts for inspection by the Division. Subsection (b) has been amended to require that all forms of contract comply with the standards of the plain language law, as is the case with agreements issued by employment agencies. Subsection (c) is amended to replace "Section" with "Division" so that it is consistent with the recordkeeping requirements of N.J.A.C. 13:45B-2.4(a). Subsections of existing N.J.A.C. 13:45B-6.5, Entertainment agency advertising, have been relocated in Subchapter 12. A third subsection has been deleted. Subsections (a) and (c) have been relocated in Subchapter 12. Specifically, the language of subsection (a) has been included in N.J.A.C. 13:45B-12.1(a) and the language of subsection (c) has been relocated in N.J.A.C. 13:45B-12.1(g). Subsection (b) of existing N.J.A.C. 13:45B-6.5 has been deleted because it is duplicative of language found at N.J.A.C. 13:45B-12.1(e). N.J.A.C. 13:45B-6.6 gives registrants an address to which information required by the subchapter should be sent. The last sentence of subsection (a) and subsection (b) have been deleted, since that information has been placed in proposed new N.J.A.C. 13:45B-6.2 and 6.3. Subchapter 7 contains the fee schedule for N.J.A.C. 13:45B and states that all licenses expire on January 1 of the year following their issuance, and all registrations expire on July 1 of each year. The Division proposes to amend N.J.A.C. 13:45B-7.1 to delete the reference to Office of Consumer Protection, Regulated Business Section and replace it with Division to reflect that the Division Director has the statutory authority to establish and collect fees. Additionally, the Division proposes to amend the language of the fee schedule to remove the reference to a "permit for operation of each other location" under the temporary help service firm registration category, and replace it with "secondary location(s)," which more accurately reflects the language of N.J.S.A. 56:8-1.1. Proposed new N.J.A.C. 13:45B-7.3 is a recodification of N.J.A.C. 13:45B-13.2 with amendments. That provision contains the standards for the issuance and renewal of licenses and registrations. Subsection (a) has been amended to reflect that temporary help service firms are subject to the requirements of N.J.S.A. 56:8-1.1. Subsection (b) has been amended to reflect the correct heading of N.J.A.C. 1:1. Subchapter 8 states that all out-of-State businesses offering employment and personnel services in New Jersey must comply with the provisions of N.J.A.C. 13:45B. Additionally, each out-of-State holder of a New Jersey employment agency license and each out-of-State registrant must file the name and address of a New Jersey agent for service of process. N.J.A.C. 13:45B-8.1 has been amended to reference the statutory scheme applicable to temporary help service firms. Subchapter 9 is reserved. Subchapters 10 and 11 concern the registration process for consulting or outplacement organizations and prepaid computer job matching or job listing services, respectively. The sub-chapters set forth application information and bonding requirements. In N.J.A.C. 13:45B-10.1(f) and 11.1(f), the reference to July 1, 1991 has been deleted, since it is no longer necessary. Language of N.J.A.C. 13:45B-10.1(g) that refers to prepaid computer job matching or listing service has been removed because bonding for these firms has been addressed in Subchapter 11. Subchapter 12 sets forth rules concerning the advertising and solicitation of employment services and personnel services or products. Subsection (e) and (f) have been amended to replace "Section" with "Division." Additional amendments to the subchapter have been made as set forth in the Summary discussion for Subchapter 6 above. Existing N.J.A.C. 13:45B-12.1(g) has been recodified as (h). Subchapter 13 states that violations of these rules are violations of the Act, and if applicable, the CFA. Subsections (k) and (l) have been amended to state that the powers set forth in those subsections apply when there is a violation of the Act or this chapter. The current language suggests that violations of both the Act and the chapter are necessary for the Director to take the applicable action. N.J.A.C. 13:45B-13.1 sets forth the power of the Director to enforce the provisions of the Act, and, if applicable, the CFA, and the rules of the chapter. Subsection (n) has been amended to reflect that those who violate the CFA will be subject to the penalties under that statute. As mentioned above, N.J.A.C. 13:45B-13.2 has been recodified as N.J.A.C. 13:45B-7.3. Subchapter 14 sets forth the scope and purpose and definitions for health care service firms at N.J.A.C. 13:45B-14.1 and 14.2, respectively. N.J.A.C. 13:45B-14.3, 14.4 and 14.5 establish the registration requirements for both initial registration and registration renewal for health care services firms to be licensed under the CFA and the Act. N.J.A.C. 13:45B-14.6 identifies prohibited acts. The term incorporator has been removed from N.J.A.C. 13:45B-14.3(a)1i and ii to reflect that under modern corporation laws, including N.J.S.A. 14A, incorporators cease to have a role in the business of the corporation after the first meeting of the board of directors. N.J.A.C. 13:45B-14.4(b) has been deleted to reflect that the provision is no longer necessary. Subchapter 15 sets forth the requirements for placement of health care practitioners by health care service firms, licensed employment agencies operating as a nurse's registry and licensed employment agencies placing or employing health care professionals. N.J.A.C. 13:45B-15.1 sets forth the subchapter's definitions. N.J.A.C. 13:45B-15.2 requires that the agency create an application containing certain minimum information for those seeking placement or employment by or through an agency. N.J.A.C. 13:45B-15.3 sets forth general duties for agencies; while N.J.A.C. 13:45B-15.4 sets forth the duty to refer only State-licensed individuals and the requirements related to those referrals; N.J.A.C. 13:45B-15.5 sets forth the duty to match the credentials of a health care practitioner with the patient's need; N.J.A.C. 13:45B-15.6 requires an agency to verify work history; N.J.A.C. 13:45B-15.7 states that of the agencies regulated by the Division, only health care service firms may place homemaker-home health aides and describes the health care service firms duties with respect to homemaker-home health aides; and N.J.A.C. 13:45B-15.9 sets forth the duties of an agency related to placements in home care settings. N.J.A.C. 13:45B-15.8 is reserved. N.J.A.C. 13:45B-15.3(f) has been amended to reflect that inspection of items to be maintained or kept is to be performed by the Director or his or her designee, not by the Executive Director. In addition to the changes set forth above, the Division is proposing grammatical changes and spelling corrections throughout the chapter. The Division has determined that the comment period for this proposal is 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

Due to the many and varied requirements placed on the agencies and firms regulated under this chapter, the Division believes that all job seekers using the services of the various firms will benefit from continued protections that will be provided with the readoption of N.J.A.C. 13:45B. Included among those requirements are: the necessity for posting a bond; limitations on the manner in which fees are computed, accepted and collected; requirement for a written contract in plain language; requirement for specific information for the job seeker, such as, accurate job descriptions and the posting of the firm's fees; and the requirement for examination of an applicant for an employment agent's license. In addition, the regulation of out-of-State firms performing in-State activities provides a safeguard for New Jersey consumers by establishing standards of conduct and providing for an agent for service of process. Additionally, job seekers, patients and potential employers will benefit from the rules of Subchapters 14 and 15 that provide safeguards and ensure the competence of health care service personnel. Certain proposed amendments to the chapter will have a social impact, as well. First, the amendment to the definition of advertisement at N.J.A.C. 13:45B-1.2 protects potential employees by making the advertising requirements of Subchapter 12 applicable to advertising by other electronic mediums not previously listed and those delivered by or through any computer. Second, the proposed amendment to N.J.A.C. 13:45B-2.4(a)1iv, which, as amended, will require that any additional information placed on an employment agency application comply with Federal law. Third, the proposed amendment to N.J.A.C. 13:45B-2.5(f)3, which allows the agency three business days, rather than three days, to determine whether a termination by an employer was the fault of the employee, will benefit the agency and protect employees. Finally, the proposed amendment to recodified N.J.A.C. 13:45B-6.5(b) makes certain that entertainment agency contracts presented to the potential employee comply with the standards set forth in the plain language law.

Economic Impact

The readoption with amendments, new rules and repeals of N.J.A.C. 13:45B continues to have an economic impact on agencies, firms and agents that are required to pay an annual fee to the Division for licensure or registration. Due to the low cost of registration fees in proportion to the overall economic benefit that operating as a personnel service provides, these fees will not result in a detrimental economic effect on personnel services in New Jersey. Additionally, the public benefit derived from ensuring the professional competence of the personnel services industry outweighs the cost of licensure or registration. The bond requirements in the rules proposed for readoption with amendments, new rules and repeals also continue to have an economic impact on some of the businesses regulated by N.J.A.C. 13:45B. Each employment agency, career consultant or any placement organization, prepaid computer job matching or job listing service and health care service firm is required to post a bond in the sum of $ 10,000 with a duly authorized surety company, while consulting firms providing temporary help services and temporary help service firms are required to post a bond in the amount of $ 1,000. None of the proposed amendments, or new rules should have an economic impact on licensees, registrants or the general public.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption with amendments, new rules and repeals are subject to State statutory requirements and are not subject to any Federal requirements.

Jobs Impact

The Division believes that the readoption with amendments, new rules and repeals of N.J.A.C. 13:45B is likely to have a positive impact on job creation in New Jersey. Although it is impossible to accurately calculate the number of jobs that will be created as a result of the readoption of the rules, it is the business of personnel services firms to fill positions, on behalf of employers, with those seeking work. While the rules will not create any jobs, they establish uniform standards and protections for persons using personnel services.

Agriculture Industry Impact

The rules proposed for readoption with amendments, new rules and repeals will have no impact on the agriculture industry in the State.

Regu1atory Flexibility Analysis

If, for the purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., the approximately 2,067 employment agencies, consulting firms, entertainment agencies, career consulting or outplacement agencies temporary help service firms and health care service firms in New Jersey, are considered "small businesses" then the following analysis applies. The rules proposed for readoption with amendments, new rules and repeals impose certain recordkeeping and other compliance requirements on registrants and licensees. The rules also may require some additional professional services in order to comply with the requirements. For instance, an accountant is necessary when a business submits a certified financial statement in lieu of a bond. The following is a summary of the recordkeeping and other compliance requirements. Subchapter 2 contains the following recordkeeping and compliance requirements. It requires employment agencies to obtain a license and post it appropriately; post certain information; deposit a bond with the Director; maintain certain records and allow inspection by the Director; enter into written agreements with job seekers; provide job seekers with relevant documents; file the fee schedule and compute, accept payment of and collect fees in a certain manner. In addition, the subchapter requires employment agents to obtain a license and post it appropriately. Subchapter 3 sets forth requirements for properly maintaining the location of employment agencies for purposes of confidentiality. Further, the subchapter requires that an agency apply for a special permit in order to conduct business away from the premises designated under its license. Subchapter 4 details requirements for applicants for licensure as an employment agent who offers services for employment in the "aeronautical" classification, licensure for an applicant who designates its field as "career counseling," and for a temporary placement operation. Subchapter 5 sets forth the registration and bond requirements for consulting firms. Subchapter 6 details requirements for entertainment agency and agent licensure and the posting of the license, entertainment agency contracts, and the filing with the Division of the forms of contract used by the firm. Subchapter 7 sets forth the fee schedule to obtain licenses and registrations and license and registration expiration information. Subchapter 8 extends the application of the rules to out-of-State businesses engaging in the regulated activities within the State. In addition, the subchapter requires each out-of-State entity licensed or registered under the Act to provide a New Jersey agent for service of process. Subchapter 10 sets forth the registration and bond requirements for career consultants or outplacement organizations. Subchapter 11 sets forth the registration and bond requirements for prepaid computer job matching or job listing services. Subchapter 12 details requirements for advertisements offering employment or personnel services or products. In addition, the subchapter sets forth certain requirements for career consulting or outplacement organizations entertainment and booking agency advertising, as well as the requirements for keeping copies and records of advertisements for inspection by the Division. Subchapter 14 sets forth the registration and bond requirements for health care service firms. Subchapter 15 sets forth the general duties for health care service firms when placing health care practitioners. In addition, the subchapter sets forth the duty to create an application form with certain minimum information, the duty to refer only licensed individuals, the duty to match credentials to need, the duties with respect to homemaker-home health aides and the duties related to placements in home care settings. The costs of complying with the rules are discussed in the Summary and Economic Impact above. The Division considers the rules proposed for readoption with amendments, new rules and repeals necessary to preserve the health, safety and welfare of job seekers and the public. Compliance requirements do not differ based on the size of the business in order to ensure that all services covered in these rules are provided uniformly throughout the State.

Smart Growth Impact

The Director does not anticipate that the rules proposed for readoption with amendments, new rules and repeals will have any impact on the achievement of smart growth and the implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:45B.

Full text of the proposed amendments, new rules, repeals and recodifications follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 1. PURPOSE AND SCOPE; DEFINITIONS

13:45B-1.1 Purpose and scope

(a) (No change.)

(b) This chapter shall apply to any person engaging in any of the activities regulated by N.J.S.A. 34:8-43 et seq. or N.J.S.A. 56:8-1.1, including persons whose residence or principal place of business is located outside of this State.

13:45B-1.2 Definitions

The following words and terms, when used in this chapter and in license application forms and licenses, shall have the following meanings unless the context clearly indicates otherwise:

. . .

"Advertisement" means any advertisement as defined by N.J.S.A. 56:8-1(a) of any service or product, including any statement appearing in a newspaper, periodical, pamphlet, circular, or other publication, in direct mail literature, on a display or any exterior or interior sign, or radio or television broadcast, or transmitted by telecopier, telex, [or] telephone, any other electronic medium, or delivered to or through any computer, that offers a service or product for sale, whether or not the statement includes a price.

. . .

"Applicant" means any person applying for licensing or registration under the Act or N.J.S.A. 56:8-1.1.

. . .

"Booking agent" means any person who performs any solicitation or recruiting function for or on behalf of any booking agency; a booking agent is licensed as an agent of the booking agency.

. . .

"CFA" means the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.

. . .

"Employment agency" means any person who, through its agents or otherwise, for a fee, charge or commission:

1.-2. (No change.)

3. Procures, obtains, offers, promises or attempts to procure or obtain employment or engagements for [actors, actresses,] performing artists[, vocalists, musicians or models];

4.-7. (No change.)

"Entertainment agency" means a booking agency or an employment agency, which procures, obtains, offers, promises or attempts to procure or obtain employment or engagements for performing artists.

. . .

"Managing agent" means any individual or entity that controls, supervises, or has the responsibility to direct day-to-day operations of an employment agency or health care service firm.["]

. . .

"Registration" means a registration issued by the Director to any person:

1. To carry on the business of a consulting firm, temporary help service firm, career consulting or outplacement organization, job listing service or prepaid computer job matching service or health care service firm as defined in N.J.A.C. 13:45B-14.2; or

2. (No change.)

"Section" means the Regulated Business Section of the Office of Consumer Protection in the Division, created as a result of the transfer of the Bureau of Employment and Personnel Services Unit and the Charities Registration Section to the Office of Consumer Protection pursuant to Reorganization Plan No. 002 of 1992.

. . .

13:45B-2.1 Employment agency license requirements

(a) In order to open, conduct, or maintain an employment agency, the owner shall obtain an employment agency license by application to the Director and fulfillment of all requirements for such license. In addition to any other information the Director may require, an applicant for an employment agency license shall provide:

1.-4. (No change.)

5. Affidavits of at least two New Jersey citizens who have known the applicant (or the chief executive officer of a corporate applicant) for at least five years, attesting to the applicant's good moral character. If an applicant finds it impossible to submit affidavits from two New Jersey citizens, the applicant may substitute affidavits of two citizens of any state who have known the applicant for at least five years. In that case, however, the applicant shall also submit an affidavit substantiating why it is impossible for him or her to obtain the character affidavits from the required number of New Jersey citizens. All affidavits shall contain the address and the telephone number of the person signing the affidavit; [and]

6. A disclosure statement as to whether the applicant (if a corporation, every officer and director) has ever been convicted of any crime as defined in N.J.S.A. 34:8-44a(1), (2), (3) and the nature of that crime or the equivalent under the laws of any jurisdiction[.]; and

7. The licensure fee set forth in N.J.A.C. 13:45B-7.1.

(b)-(f) (No change.)

13:45B-2.4 Records

(a) To effectuate the purposes of the Act, every holder of an employment agency license, as well as every representative authorized by the owner to supervise or conduct the operation of the employment agency, shall keep and maintain, readily available for inspection by the Director or the Director's duly authorized representative for a period of at least two years, the following:

1. All requests for job seekers (job orders) or applications for employment, which shall include the name and address of the applicant, the date of application and the following additional information:

i.-ii. (No change.)

iii. Memorializations of applications for employment and[/or] job orders made by telephone or other oral communication, which shall be kept in writing on standard forms. Copies of these forms shall be filed with the [Chief] Executive Director prior to their use by the employment agency. However, the written records of oral job orders may be kept in a book or binder used exclusively for such purpose; and

iv. For the purpose of convenience, there may be recorded on the application forms such additional information as is not in violation of any law of the State of New Jersey or Federal law;

2.-3. (No change.)

4. All correspondence concerning references of job seekers, including written records of information secured by telephone or other oral communication. In cases where the job seeker applies for a position of trust or work with a family and the employer waives references, written records of such waivers shall be kept available for inspection by the [Section] Director or the Director's duly authorized representative; and

5. (No change.)

13:45B-2.5 Agreements; fee schedules

(a) (No change.)

(b) All agreements and writings required to complete any transaction between an employment agency and a job seeker shall comply with the [Plain Language Act,] plain language law standards set forth in N.J.S.A. 56:12-[1 et seq.] 2 and 56:12-10.

(c)-(e) (No change.)

(f) An employment agency shall:

1.-2. (No change.)

3. Not charge more than one percent of the scheduled fee for each day worked to a job seeker who obtains employment and who is discharged without cause or who voluntarily terminates employment for just cause [more than one percent of the scheduled fee for each day worked]. For purposes of this subsection, the employment agency shall repay to any job seeker so discharged or terminated any excess of the maximum fee in accordance with the fee schedule, allowing three [days' time] business days to determine that the termination was not due to any fault on the part of the job seeker. The employment agency may, however, by separate written agreement between the employment agency and the job seeker, retain the fee or any part of the fee, which has been paid for the job from which the job seeker has been discharged without cause or terminated, if the employment agency furnishes the job seeker with another job and allows due credit for the retained payment;

4.-5. (No change.)

13:45B-2.6 Employment agent's license qualifications

(a) Before being permitted to sit for the written examination as required by the Act and by this chapter, an applicant for an employment agent's license shall submit the following to the [Section. All affidavits shall include the address and telephone number of the affiant] Division:

1. Affidavits of the applicant and the holder of the employment agency license by whom the applicant is to be employed, and such other evidence as the Director may reasonably require, indicating that:

i. (No change.)

ii. The applicant has, for a period of at least six months, been employed in the handling of personnel problems including the securing of help for employers and jobs for employees in the types or classes of occupations for which application is made; [and]

2. Affidavits attesting to the applicant's good moral character from two New Jersey citizens who have known the applicant for at least one year. If the applicant finds it impossible to submit such affidavits from two New Jersey citizens, the applicant may substitute the following:

i. (No change.)

ii. An affidavit substantiating why it is impossible to obtain affidavits from two New Jersey citizens[.]; and

3. The licensure fee set forth in N.J.A.C. 13:45B-7.1.

(b) All affidavits submitted under (a)1 and 2 above shall include the address and telephone number of the affiant.

Recodify existing (b) and (c) as (c) and (d) (No change in text.)

13:45B-2.7 Employment agent's conditional license qualifications

(a) (No change.)

(b) Before being granted an agent's conditional license, an applicant shall submit the following to the Section. All affidavits shall include the address and telephone number of the affiant:

1.-3. (No change.)

4. The name, business address and employment agency license number of the licensee who will be supervising the applicant; [and]

5. The name and license number of the duly licensed agent on premise who will supervise the conditional agent[.]; and

6. Payment of the fee as set forth in N.J.A.C. 13:45B-7.1.

(c)-(d) (No change.)

13:45B-2.8 Identification and introductory card; character references

(a) (No change.)

(b) The employment agency shall require all job seekers applying for positions of trust or work with private families to furnish the agency with names and addresses of individuals available as character references, and shall communicate, orally or in writing, with at least one of the individuals given by the job seeker as a character reference.

1. (No change.)

2. If the employer voluntarily waives, in writing, a verification of references, the licensed employment agency shall not be required to make the verification, but shall keep a record of the written waiver as required by N.J.A.C. 13:45B-2.4(a)4.

13:45B-3.1 Business locations; special permits

(a) Any building or part thereof in which the business of an employment agency is conducted or operated shall be maintained with due regard to reasonably safeguarding such confidential information as may properly be given to the agency.

(b) An employment agency license, or registration under N.J.S.A. 34:8-65 or 66, shall not authorize activities at any place other than the place designated in the license or registration except upon issuance of a special permit by the Director, as follows:

1. Where an activity is to take place away from the premises designated in the license, application for a special permit shall be made on a form supplied by the [Section] Division, which must be received by the [Section] Division no later than seven business days before the [event] activity is to take place.

2.-4. (No change.)

(c) (No change.)

(d) The following shall apply to entertainment showcases:

1. A special permit is required when the services of any performing artist are offered to the public at a specific time and location, such being known as an entertainment showcase, if the services are being offered by a person who will be accepting a fee, commission or charge when the performer books an engagement with an employer. (Only licensed booking agencies or entertainment agencies may offer this service.)[.] The permit is required whether performers appear in person or their services are offered by electronic means.

2. (No change.)

SUBCHAPTER 4. EXAMINATIONS AND VARIOUS CLASSIFICATIONS OF EMPLOYMENT AND PERSONNEL SERVICES

13:45B-4.2 "Aeronautical" classification

Applicants for an employment agent's license who include "aeronautical" in the type or class of occupation in which they intend to furnish help or employment shall furnish to the Executive Director a written statement from the Division of Aeronautics in the State Department of Transportation (Division of Aeronautics) certifying to the Executive Director that, in the opinion of the Division of Aeronautics, the applicant has sufficient knowledge of the types of licenses required by persons to be legally engaged in the operation, maintenance or repair of aircraft.

13:45B-4.5 "Career counseling" classification

(a) An applicant for an employment agent's license who designates [their] his or her field of employment as "career counseling" as a type or class of services, which [they] he or she intends to provide, are persons other than those required to be registered pursuant to N.J.A.C. 13:45B-[9.1] 5.1, 10.1 and 11.1 (that is, consulting firms, career consulting or outplacement organizations, and prepaid computer job matching or job listing services) and who provide[s], or offer[s] to provide, the following services for a fee charged to the job seeker shall be classified as a career counseling agent:

1.-6. (No change.)

(b)-(c) (No change.)

13:45B-5.1 Consulting firm registration requirements

(a) To register as a consulting firm, an applicant shall submit annually:

1. A completed application form provided by the Division containing the information required by N.J.S.A. 34:8-64 and such other information as the Division may require; and

2. The registration fee, as set forth in N.J.A.C. 13:45B-7.1.

13:45B-[5.1]5.2 Consulting firm providing temporary help services

(a) (No change.)

(b) A consulting firm that provides temporary help services pursuant to N.J.S.A. 34:8-64g shall be required to post a bond of $ 1,000 with the Attorney General to secure compliance with [N.J.S.A. 56:8-1 et seq., the Consumer Fraud Act] the CFA. The Director may waive such bond for any corporation or entity having a net worth of $ 100,000 or greater. In order to obtain such a waiver, the consulting firm must provide a copy of a certified financial report prepared by a certified public accountant or licensed accountant establishing that the firm has a net worth of $ 100,000 or greater.

SUBCHAPTER 6. ENTERTAINMENT AGENCIES

13:45B-6.1 Purpose and scope

(a) The rules contained in this subchapter implement the [Bureau of Employment and Personnel Services] Act[, N.J.S.A. 34:8-43 et seq.,] and supplement rules in this chapter that govern the operation of entertainment agencies and agents, under which booking agencies [and], employment agencies, and agents [who] procure, obtain, offer, promise[s] or attempt[s] to procure or obtain employment or engagements for [actors, actresses,] performing artists[, vocalists, musicians or models] in this State.

(b) This subchapter shall apply to all persons[, as defined in N.J.A.C. 13:45B-1.2,] operating entertainment agencies located in New Jersey, or agencies wherever located that place performing artists in temporary or permanent positions located in New Jersey, or that engage in single or repeated acts of solicitation to employees or job seekers resident in New Jersey, whether by mail, newspaper, magazine, telephone, sales/TV, radio/TV, poster, billboard, or any other media, or in person.

[13:45B-6.2 Definitions

For the purposes of this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"Booking agency" means any person which procures, offers, promises or attempts to procure employment for performing artists or athletes not under the jurisdiction of the Athletic Control Board and which collects a fee for providing such employment; a booking agency is licensed as an employment agency.

"Booking agent" means any person, as defined in N.J.S.A. 56:8-1(d), who performs any solicitation or recruiting function for or on behalf of any booking agency; a booking agent is licensed as an employment agent.

"Entertainment" agency means a booking agency or an employment agency which procures, obtains, offers, promises or attempts to procure or obtain employment or engagements for actors, actresses, performing artists, vocalists, musicians or models.

"Performing artists" means musical, theatrical, vaudeville, film, television, or radio performers, as well as models, whether employed or engaged individually or as a group, and athletes not under the jurisdiction of the Athletic Control Board.]

13:45B-6.2 Booking/entertainment agency and agent license requirements

Booking agencies and entertainment agencies shall obtain licenses in accordance with the requirements set forth under N.J.A.C. 13:45B-2.1(a). Booking agents and entertainment agents shall obtain licenses in accordance with the requirements set forth under N.J.A.C. 13:45B-2.6.

13:45B-6.3 Bond requirement

Booking agencies and entertainment agencies shall obtain a bond in accordance with the requirements set forth in N.J.A.C. 13:45B-2.3.

13:45B-[6.3]6.4 Entertainment agency licenses; posting

(a)-(b) (No change.)

(c) There shall be posted in each entertainment agency the agency's schedule of fees, as well as a certified abstract of the Act and this chapter. Such posting shall be in a manner and place as to be readily visible and legible by persons doing business with the agency. The entertainment agency [shall] also shall have full copies of the Act and this chapter available for review by any job seeker['s] or employer['s review]. The certified abstract shall be available from the Bureau for a fee of $ 5.00.

13:45B-[6.4]6.5 Entertainment agency contracts

(a) (No change.)

(b) Each entertainment agency shall file a copy of the form(s) of any contract used or to be used by the agency with the Regulated Business Section of the Office of Consumer Protection, 124 Halsey Street, P.O. Box 45028, Newark, New Jersey 07102. All forms of contract shall comply with the plain language law standards as set forth in N.J.S.A. 56:12-2 and 56:12-10.

(c) Copies of all executed contracts between the entertainment agency and performing artists shall be maintained by the agency in a form suitable for inspection by the [Section] Division. These copies shall be made available for inspection by representatives of the [Section] Division.

(d)-(e) (No change.)

(f) If the entertainment agency fails to deliver products or services by the date of delivery as specified in the contract, the job seeker is entitled to a full refund of monies paid for the promised service [and/]or product. The job seeker may waive the right to a refund by acknowledging and waiving the right in writing.

[13:45B-6.5 Entertainment agency advertising

(a) All advertisements shall contain the name, address as it appears on the license, and license number of the entertainment agency.

(b) Copies of all entertainment agency advertisements shall be maintained by the agency for two years following publication or dissemination in a form suitable for inspection by the Division, and made available for inspection by representative of the Division.

(c) While performing the functions of an entertainment agent, a booking agent shall carry and provide to job seekers and employers a business card containing his or her license number.]

13:45B-6.6 Information required

(a) Information required by [N.J.S.A. 34:8-43 et seq.] the Act and this subchapter shall be provided to the Regulated Business Section[,] of the Office of Consumer Protection, 124 Halsey Street, Newark, New Jersey 07102 (Mailing address: P.O. Box 45028, Newark, New Jersey 07101) on January 1 of each year. Where the entertainment agency begins operation after January 1, the information required by [N.J.S.A. 34:8-43 et seq.] the Act and this subchapter shall be provided with the agency's application. [Application forms shall be supplied by the Section.]

[(b) Completed forms shall be accompanied by the fee required under N.J.S.A. 34:8-50 and the bond required pursuant to N.J.S.A. 34:8-49.]

13:45B-7.1 Fee schedule

The following fees shall be charged by the [Office of Consumer Protection, Regulated Business Section] Division:

. . .

Temporary help service firm, [permit for operation of each other location] secondary location(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00

. . .

13:45B-[13.2]7.3 Standards for issuance and renewal of licenses and registrations

(a) No license or registration required by the provisions of the Act or N.J.S.A. 56:8-1.1 shall be issued until it has been established to the satisfaction of the Director that all of the provisions of the Act, N.J.S.A. 56:8-1.1 and this chapter [relative] applicable to the issuance of such license or registration have been fully complied with.

(b) Prior to any suspension, revocation or refusal to renew a license or registration, the licensee or registrant shall have the right to request a hearing, which shall be conducted pursuant to the Uniform Administrative Procedure Rules, N.J.A.C: 1:1.

SUBCHAPTER 8. OUT-OF-STATE BUSiNESSES

13:45B-8.1 Application

All provisions of N.J.A.C. 13:45B-1 through N.J.A.C. 13:45B-13 shall apply to any person engaging in any of the activities regulated by [N.J.S.A. 34:8-43 et seq.] the Act or, if applicable, the CFA in New Jersey including persons whose residence or principal place of business is located outside of this State.

SUBCHAPTER 10. REGISTRATION FOR CAREER CONSULTING OR OUTPLACEMENT ORGANIZATIONS

13:45B-10.1 Registration process

(a) The following entities are required to be registered with the [Regulated Business] Section [of the Office of Consumer Protection] in order to operate within New Jersey:

1. (No change.)

(b)-(e) (No change.)

(f) The registration fee as set forth in N.J.A.C. 13:45B-7.1 shall be due [on July 1, 1991, and] annually [thereafter].

(g) Upon initial registration with the Section and annually thereafter, every career consultant or outplacement organization [and every prepaid computer job matching or listing service] shall deposit with the Director an original bond in the sum of $ 10,000 with a duly authorized surety company as surety, to be approved by the Director. The bond shall be payable to the State of New Jersey and shall provide that the person applying for registration will comply with the Act and this chapter and will pay all damages occasioned to any person by reason of any misrepresentation, deceptive or misleading act or practice or any unlawful act or omission of any licensed or registered person, agents, or employees, while acting within the scope of their employment, made, committed or omitted in the business conducted under the license or registration or caused by any violation of [this act] the Act in carrying on the business for which the license or registration is granted. In case of a breach of the condition of any bond, application may be made to the Director by the person injured by the breach for leave to sue upon the bond, which leave shall be granted by the Director if it is proven to his or her satisfaction that the condition of the bond has been breached and the person has been injured. The person obtaining leave to sue shall be furnished with a certified copy of the bond and shall be authorized to institute suit on the bond in their name for the recovery of damages sustained by the breach.

1.-3. (No change.)

(h) (No change.)

SUBCHAPTER 11. PREPAID COMPUTER JOB MATCHiNG OR JOB LISTING SERVICES

13:45B-11.1 Registration process

(a)-(e) (No change.)

(f) The registration fee as set forth in N.J.A.C. 13:45B-7.1 shall be due [on July 1, 1991, and] annually [thereafter].

(g) (No change.)

13:45B-12.1 Advertisements and solicitations

(a) All advertisements offering employment or personnel services or products shall include the advertiser's business name and address as they appear on the license or registration form of the licensed or registered firm. Advertisements for positions within the licensed or registered firm shall also include the advertiser's business name and address as they appear on the license or registration form of the firm. All advertisements shall contain the name and address as it appears on the license, and license number of the entertainment agency.

(b)-(d) (No change.)

(e) Copies of all advertisements and solicitations shall be maintained by the licensed or registered firm or entertainment agency in a form suitable for inspection and shall be made available for inspection by the [Section] Division for two years following publication or dissemination.

(f) A record of all advertisements and solicitations with date and place of publication or dissemination, including identification of media used, shall be maintained in a form suitable for inspection and made available upon request of representatives of the [Section] Division for two years following publication or dissemination.

(g) While performing the functions of an entertainment agent, a booking agent shall carry and provide to job seekers and employers a business card containing his or her license number.

[(g)] (h) (No change in text.)

13:45B-13.1 Violations

(a) A violation of any applicable provision of this chapter by a licensee shall be deemed to be a violation of the [Bureau of Employment and Personnel Services] Act[, N.J.S.A. 34:8-43 et seq.] and, if applicable, the [Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.] CFA and shall be subject to the penalties and sanctions provided for thereunder.

(b) A violation of any applicable provision of this chapter by a registrant or its agent shall be deemed to be a violation of the [Bureau of Employment and Personnel Service] Act[, N.J.S.A. 34:8-43 et seq.] and if applicable, the [Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.] CFA and shall be subject to the penalties and sanctions provided for thereunder.

(c)-(d) (No change.)

(e) Nothing in the [Employment and Personnel Services] Act or this chapter shall be construed to prevent qualified members of other professional groups, such as members of the clergy, authorized practitioners, school guidance counselors, or psychologists from providing career counseling services consistent with the accepted standards of their respective professions, provided, however, that they do not hold themselves out to the public by any title or description stating or implying that they are career counselors or are licensed to practice career counseling.

(f) The Director may refuse to issue, and may revoke, any license or registration for failure to comply with, or violation of, the provisions of the Act and this chapter or for any other good cause shown, within the meaning and purpose of the Act and this chapter. A refusal or revocation shall not be made except upon reasonable notice to, and opportunity to be heard by the applicant or licensee or registrant. The Director may, if he or she finds it to be in the public interest, suspend a license or registration for any period of time that he or she determines to be proper or assess a penalty in lieu of suspension, or both, and may issue a new license or registration, notwithstanding the revocation of a prior license or registration, provided that he or she finds the [application] applicant to have become entitled to the new license or registration.

(g)-(j) (No change.)

(k) Whenever it appears to the Director that a person has engaged in, is engaging in, or is about to engage in, any practice, which is a violation of the provisions of the Act [and] or this chapter, the Director may seek and obtain in a summary action in the Superior Court an injunction prohibiting the person from continuing the practices or engaging therein or doing any acts in furtherance thereof.

1. (No change.)

(l) Whenever it appears to the Director that a person has engaged in, is engaging in, or is about to engage in, any practice, which is a violation of the Act [and] or this chapter, the Director may hold hearings on the violation and upon finding the violation to have been committed, may enter an order:

1. (No change.)

2. Directing the person to restore to any person in interest any moneys or property, real or personal[, which] that may have been acquired by means of any unlawful practice;

3.-4. (No change.)

(m) (No change.)

(n) In addition to any other penalty provided by law, a person [which] who violates any of the provisions of the Act or this chapter shall be liable for a penalty of not more than $ 2,000 for the first offense and not more than $ 5,000 for the second and each subsequent offense. A person who violates the CFA shall be subject to the penalties provided by that statute.

(o)-(p) (No change.)

(Agency Note: N.J.A.C. 13:45B-13.2 is proposed for recodification with amendments as N.J.A.C. 13:45B-7.3.)

SUBCHAPTER 14. HEALTH CARE SERVICE FIRMS

13:45B-14.1 Authority, purpose and scope

(a) (No change.)

(b) Firms providing health care services are licensed and/or registered under several categories pursuant to the [Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.,] CFA and the [Employment and Personnel Services] Act[, N.J.S.A. 34:8-43 et seq]. In order to consolidate these firms into an appropriate category and subject all firms operating in a similar manner to uniform regulation, the Director is hereby identifying a new class of licensure: "health care service firm."

(c) (No change.)

13:45B-14.3 Initial registration requirements

(a) Except as set forth in N.J.A.C. 13:45B-14.4, each health care service firm shall register with the Division by submitting the following, on forms provided by the Director:

1. A registration form, which shall include the following information:

i. The name of the health care service firm and any fictitious or trade name used in its operation and the names of health care companies related through joint ownership, boards of directors, officers[, incorporators] or principals;

ii. Each primary location including street and street number of the building(s) and place(s) where its business is to be conducted and the addresses of all health care companies related through joint ownership, boards of directors, officers[, incorporators] or principals;

iii.-v. (No change.)

2. (No change.)

3. A bond of $ 10,000 to secure compliance with [P.L. 1989, c.331 ( N.J.S.A. 34:8-43 et seq.)] the Act. The Director may waive the bond requirement for any corporation or entity having a net worth of $ 100,000 or more. In order to obtain a waiver, the health care service firm shall provide a copy of a certified financial report prepared by a certified public accountant or licensed accountant establishing a net worth of $ 100,000 or greater; and

4. (No change.)

(b)-(d) (No change.)

13:45B-14.4 Firms registered prior to April 3, 1995 and meeting the definition of health care service firm

[(a)] A firm registered prior to April 3, 1995 and meeting the definition of a health care service firm shall not be required to comply with the initial registration requirements of N.J.A.C. 13:45B-14.3(a)1 and 2. Such entity shall, however, comply with the provisions of N.J.A.C. 13:45B-[14.3(a) 3]14.3(a)3 by ensuring that it has filed a $ 10,000 bond with the Director, unless the Director has waived the bond requirement for the reasons set forth therein.

[(b) The firm shall return the old certificate of registration to the Division by May 3, 1995. The Division will issue a new certificate within 15 days after receipt of the old certificate.]

13:45B-14.5 Registration renewal

(a) A health care service firm shall renew registration on or prior to July 1 of each year by submitting the following, on forms provided by the Director.

1. A renewal application [which] that shall provide the information set forth in N.J.A.C. 13:45B-14.3(a)1; a certification that no new officers, directors, principals or owners have been added since the previous renewal; a list of primary locations; an updated description of any action taken by another state upon a license held by the health care service firm or by any officer, director, owner or principal of the health care service firm; and an updated description of any violations of Federal or New Jersey State law by the health care service firm or any officer, director, owner or principal of the health care service firm.

2. (No change.)

13:45B-14.6 Prohibited acts

(a) A health care service firm shall not:

1. (No change.)

2. Charge a fee or a liquidated damage charge to any individual employed by the health care service firm or in connection with employment by the firm. If a fee or liquidated damage charge is imposed, the health care service firm shall obtain a license as an employment agency pursuant to N.J.A.C. 13:45B-2;

3.-4. (No change.)

SUBCHAPTER 15. PLACEMENT OF HEALTH CARE PRACTITIONERS

13:45B-15.2 Application form; minimum information required

(a) (No change.)

[(c)] (b) (No change in text.)

13:45B-15.3 General duties

(a)-(d) (No change.)

(e) An agency shall not submit, record or convey to another agency, information [which] that the agency knows or has reason to know is false, deceptive or misleading.

(f) An agency shall make available for inspection by the [Executive Director of the Office of Consumer Protection] Director, or by his or her designated agent, any book, record or account required by law, including these [regulations] rules, to be made, maintained or kept.

(g) (No change.)

(h) An agency shall either maintain, or ensure the existence of, a general liability insurance policy [which] that shall insure against any placed health care practitioner's negligence, malpractice or any other unlawful conduct occurring within the scope of the health care practitioner's placement. The policy shall be in the amount of not less than $ 1,000,000.

(i) (No change.)

(j) The agency and the health care practitioner supervisor shall immediately report any violation of this subchapter to the Executive Director [of the Office of Consumer Protection].

(k)-(l) (No change.)

13:45B-15.7 Homemaker-home health aides and agencies

(a) In order to place certified homeowner-home health aides, an agency regulated by the Division [of Consumer Affairs] shall be licensed as a health care service firm. If an agency regulated by the Division [of Consumer Affairs] is not licensed as a health care service firm, it shall not place certified homemaker-home health aides. (b)-(e) (No change.)



Contact Us | Privacy Notice | Legal Statement | Accessibility Statement
division: dca home | complaint forms | licensing boards | adoptions | proposals | minutes | consumer protection
departmental: lps home | contact us | news | about us | FAQs | library | employment | programs and units | services a-z
statewide: nj home | my new jersey | people | business | government | departments | search
Page last modified:
New Jersey Home My New Jersey People Business Government Departments