N.J. Admin. Code § 13:18-3.20

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:18-3.20 - Application for provider license; contents; related requirements

(a) Application for a provider license to provide trip permits shall be made in a format prescribed by the Chief Administrator. The application shall be submitted to the Office of Motor Carrier Services, New Jersey Motor Vehicle Commission, 225 East State Street, Trenton, New Jersey 08666.

(b) The application shall be on 8 1/2 inches by 11 inches paper to be supplied by the applicant and shall include the following information:

1. The names, addresses, and business telephone numbers of the applicant's principals, partners, or corporate officers, and the name, address, and business telephone number of the officer(s) or employee(s) who will serve as a daily contact;

2. The name, address, and business telephone number of a registered agent designated to receive service of process on behalf of the applicant. The agent must be located and available at a physical street address within the State of New Jersey during normal business hours;

3. The name, address, and business telephone number of the individual(s) authorized to transmit trip permit reports to the Commission;

4. The applicant's Federal Tax Identification Number;

5. The applicant's State Tax Identification Number;

6. The applicant's email address, address for inquiries, and telephone number;

7. An inventory security plan that shall include, at a minimum:

i. Acknowledgement via email to the Commission of receipt via email of the control numbers;

ii. Daily reporting of all sequentially-issued control numbers for trip permits by emailing the Commission a scanned image of the completed permit forms to the Commission email address designated by the Commission;

iii. An explanation of how to monitor and secure all assigned inventory under its control;

iv. Assurance that only trained employees may handle and inspect inventory, and only as needed to maintain an electronic perpetual inventory of all trip permit control-numbered items;

v. Assurance that each inventory item is traceable by the trip permit control-number, from acceptance through issuance or assignment to the provider's customers; and

vi. A statement that the provider shall permit the Commission access to the provider's inventory system and daily reporting mechanism for the purpose of performing audit(s);

8. When application is made by an individual, the application shall be signed and sworn to by the individual. In the case of a partnership, the application shall be signed and sworn to by all partners. In the case of a corporation, the application shall be signed and sworn to by the president and attested to by the secretary; and

9. The provider must notify the Chief Administrator, in writing, within five business days of any change in the information submitted as part of the application.

(c) Definitions. The following words and terms shall have the following meanings as used in this section, unless the context clearly indicates otherwise.

"Block" means a block of 10 blank control-numbered trip permits issued by the Commission to approved providers.

"Controlled inventory" means specific items created, regulated, verified, and supplied by the Commission to allow providers to process transactions. Controlled inventory consists of blank but control-numbered trip permits.

"Motor vehicle record" means any document or record that pertains to a motor vehicle operator's permit, driver's license, vehicle registration, title, identification card, and customer information maintained in any format by the Commission.

"Permittee" means a person who needs a trip permit.

"Person" means a natural person, firm or co-partnership, corporation, association, or other artificial body, and their members, officers, agents, employees, or other representatives.

"Personal information" means as defined at N.J.S.A. 39:2-3.3.

"Provider" means a person authorized by the Commission to buy blocks of 10 blank control-numbered trip permits consistent with N.J.S.A. 54:39A-24and this chapter.

"Seal" means the Commission seal adopted by the Commission Board on June 3, 2003, pursuant to N.J.S.A. 39:2A-13.a(2), which shall be electronically pre-affixed to the trip permit prior to mass reproduction.

(d) The operating requirements shall be as follows:

1. The provider shall maintain all motor vehicle inventory and transactional materials in a secure location with limited access by the provider's personnel, until fully and properly completed and issued to a specifically-identified commercial vehicle for purposes that fully comply with the requirements of this subchapter.

2. The provider is prohibited from issuing trip permits to any person or entity in excess of six trips in a 12-month period.

3. The provider shall obtain and maintain a secure facility suitable for performing all services required under this subchapter. All costs incurred by the provider in purchasing, leasing, or renting, or renovating the required premises shall be borne solely by the provider. If the office space is shared by another business, all operations performed under this subchapter shall be physically segregated from the areas associated with the other business, with secure access limited only to the provider's authorized personnel. The provider shall not move the facilities established under the terms of this subchapter without the prior written approval of the Commission.

4. The provider shall receive no compensation from the Commission for services rendered by the provider pursuant to this subchapter. The provider may charge its customers participation or administrative fees for each transaction.

5. The provider shall not subcontract to fulfill any of its obligations under this subchapter.

6. In accordance with N.J.S.A. 39:2-3.3et seq., and the Federal Drivers' Privacy Protection Act of 1994 (DPPA), 18 U.S.C. §§ 2721 et seq., the provider and its employees shall not use or retain data or information gained from the Commission unless for the sole purpose of meeting the requirements of this subchapter and internal audit obligations or otherwise without written consent from the Commission. The provider shall also take all steps necessary to protect personal information from theft and other unauthorized use while in its possession. The provider must immediately, within no more than 24 hours of discovery, notify the Commission Security and Investigations Unit and the Office of Motor Carrier Services when a security or DPPA breach has been identified.

7. The provider is required to reconcile, account for, and return all assigned, yet unused, control-numbered inventory to the Commission's warehouse within 20 business days of discontinuing its services pursuant to this subchapter, unless otherwise requested in writing by the Commission.

8. All monies collected by the provider for trip permits issued pursuant to this subchapter must be reported to the Commission at the end of the business day, along with faxed copies and a log of trip permits. The provider shall pay the Commission for each block of 10 blank but control-numbered trip permits. The payment shall be made in the amount of $ 250.00 for each block of 10 trip permits by check payable to the Commission and remitted to the Commission Program Manager.

9. The provider shall provide a copy of its current trip permit training program to the Commission, including any written materials, guides, and manuals. The Commission reserves the right to, with and without notice, observe any or all training sessions conducted. The provider shall inform all its customers of any changes in the Commission policies and procedures affecting this subchapter. The provider shall arrange for any additional training that may be required due to audit exceptions, procedures, or other circumstances.

10. The Commission shall email all control-numbered inventory to the provider.

11. The provider shall be authorized and responsible to collect from its customers all fees, payments, surcharges, and other sums in connection with transactions processed through this subchapter.

12. The provider may engage in promotional activities with respect to this subchapter, including the solicitation of potential customers, in person, by mail, telephone, internet, or other media. The provider shall not issue any news releases or promotional activities pertaining to any aspect of the services provided under this subchapter without the prior written consent of the Commission. The provider is prohibited from soliciting participation in this subchapter at motor vehicle agencies or other Commission locations. The provider may use the Commission's name as necessary in connection with its provision of services to its customers, with the prior written approval of the Commission. The provider shall not state or imply that:

i. The Commission requires the use of the provider's services by members of the public;

ii. The Commission recommends the use of the provider's services to the exclusion of other similarly available services; or

iii. The provider is the exclusive provider of such services.

13. The provider shall retain all transactional records and documents relating to this subchapter for three years from the time an activity takes place and shall make those records available for inspection and audit by authorized representatives, agents, or contractors of the State. All documentation, reports, and files shall be kept at the provider's office.

14. The Commission, its authorized representatives, and its agents shall have the right to conduct audits and re-audits of the provider at any time throughout the provision of services under this subchapter and up to three years after the termination of services as an approved provider under this subchapter. The provider shall provide the Commission with access to its books and records pertaining to transactions performed under this subchapter, for the purposes of audits and re-audits.

15. The provider may issue a corrected control-numbered trip permit, and shall provide the Commission with a corrected copy on the same day.

16. The Commission may, in its sole discretion, deny, terminate, or cancel participation by any provider in the services anticipated in this subchapter if any one or more of the following conditions exists with respect to any such provider:

i. Failure to follow required or approved payment procedures;

ii. Failure to comply with any local, State, or Federal law or regulation;

iii. Misuse of any Commission-controlled inventory item assigned for distribution by a provider;

iv. Failure to provide requested information or records for the purpose of an audit; and

v. Any other unacceptable condition or practice identified by the Commission.

N.J. Admin. Code § 13:18-3.20

Adopted by 46 N.J.R. 2371(a), effective 12/1/2014