N.J. Admin. Code § 13:21-26.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:21-26.3 - Grounds for denial, suspension, or revocation of transportation network company permit; fines; issuance of a cease and desist order

(a) The Chief Administrator may deny an application for a permit or a renewal, permit, or issue a cease and desist order for:

1. Failure to comply with the requirements of N.J.S.A. 39:5H-1 et seq.;

2. Failure to comply with this subchapter;

3. Failure to submit a completed application;

4. Submission of an application that contains fraudulent or false information;

5. Failure to establish or maintain or provide the Commission with evidence of the policies required pursuant to N.J.S.A. 39:5H-1 et seq.;

6. Failure to establish and submit an identifying marker as required by N.J.S.A. 39:5H-23.b; two-dimensional barcode or other machine-readable code or image, as required by N.J.S.A. 39:5H-23.c; or credential placard as required by N.J.S.A. 39:5H-23.d;

7. Failure to make payment of all fees;

8. Failure to submit all required application attachments; and

9. If the TNC applicant or any officer, board member, partner, member, or authorized signatory of the TNC applicant was previously issued a permit, or was an officer, board member, partner, member, or authorized signatory in a TNC that was previously issued a permit, that was suspended or revoked and the terms or penalties imposed with such suspension or revocation were not satisfied.

(b) The Chief Administrator may suspend or revoke a permit, after notice and an opportunity to request a hearing, for an applicant's failure to comply with the requirements of N.J.S.A. 39:5H-1 et seq., or for failure to comply with these regulations, or for any of the reasons for which an application can be denied as set forth in (a) above.

(c) The Chief Administrator may impose a penalty or fine in accordance with N.J.S.A. 39:5H-4 of $ 500.00 per day against any TNC that operates without a permit in violation of the Act.

(d) The Chief Administrator may suspend or revoke a permit, after notice and an opportunity to request a hearing, for a TNC's failure to create, submit to the Commission, and issue two of each of the following to every driver that utilizes the TNC's digital network as a driver: a compliant identifying marker pursuant to N.J.S.A. 39:5H-23.b(1); a compliant two-dimensional barcode or other machine-readable code or image pursuant to N.J.S.A. 39:5H-23.c(1); and a compliant credential placard pursuant to N.J.S.A. 39:5H-23.d(1).

(e) The Chief Administrator may suspend or revoke a permit, after notice and an opportunity to request a hearing, for a TNC's failure to prohibit a driver who has not displayed the identifying markers, barcodes or placards, as required from utilizing the TNC's digital network as a driver and from providing prearranged rides as required pursuant to N.J.S.A. 39:5H-23.g(1).

N.J. Admin. Code § 13:21-26.3

Special amendment, R.2020 d.002, effective 11/26/2019 (to expire November 26, 2020).
See: 52 N.J.R. 65(a).
Rewrote (a)6; and added (d) and (e).
Readoption of special amendment, R.2020 d.126, effective 10/30/2020.
See: 52 N.J.R. 1402(a), 52 N.J.R. 2124(a).
Provisions of R.2020 d.002 readopted without change.