N.J. Admin. Code § 13:20-45.11
Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:20-45.11 - Notice and recordkeeping requirements(a) Each registrant shall display an outdoor sign which shall read: "Registered: State of New Jersey Motor Vehicle Emission Repair Facility". The sign shall include the registration number of the motor vehicle emission repair facility. The sign must contain letters at least two inches high with a stroke of approximately one-half inch, be visible from the road and be located in a conspicuous location for the general public to see. If zoning ordinances prohibit the posting of such sign or such posting is otherwise impractical, the registrant shall prominently display such sign on the exterior of the motor vehicle emission repair facility.(b) Every registration issued in accordance with this subchapter shall be prominently displayed in the office, waiting area or other conspicuous location which is accessible to the public at the motor vehicle emission repair facility.(c) Every registered motor vehicle emission repair facility shall post in a conspicuous location accessible to the public a "Notice to Consumers" concerning violations of P.L. 1995, c. 112 and the fact that customers have a right to inspect the repaired motor vehicle before paying for the repair work. The notice shall be prepared and furnished by the Motor Vehicle Commission.(d) Every registered motor vehicle emission repair facility shall post in a conspicuous location accessible to the public a notice stating that the names and qualifications of its certified emission repair technicians are available upon request.(e) Every registered motor vehicle emission repair facility shall maintain copies of all motor vehicle inspection reports, estimates, work orders, invoices, parts purchase orders, appraisals and/or other documents prepared by that facility for repair work performed by that facility or by subcontractors. 1. Such copies shall be kept for at least three years and shall be available for inspection by the Chief Administrator, the Commissioner of the Department of Environmental Protection, the Director of the Division of Consumer Affairs or any person designated by them, during regular business hours.2. Failure to permit such inspection shall subject the registrant to administrative action pursuant to this subchapter.(f) Every motor vehicle emission repair facility shall, upon request of the Chief Administrator or any person designated by him or her, provide the Chief Administrator or his or her designee with a list of its employees in such form and detail as may be required by the Chief Administrator or his or her designee. Failure to provide such list when requested shall subject the registrant to administrative action pursuant to this subchapter.(g) The registrant shall notify the Chief Administrator in writing within 10 days whenever any person acquires ownership or control of 10 percent or more of the stock of a motor vehicle emission repair facility, or whenever a person becomes a partner or limited partner in a motor vehicle emission repair facility.(h) The registrant shall notify the Chief Administrator in writing within 30 days of any change in address of the motor vehicle emission repair facility or of any change in address of persons or entities required to be listed on the application by N.J.A.C. 13:20-45.4.(i) The registrant shall notify the Chief Administrator in writing within 10 days whenever any person or entity required to be listed on the application by N.J.A.C. 13:20-45.4 is no longer associated with the motor vehicle emission repair facility.(j) All written notifications required by this subchapter shall be made by either personal delivery or sent by certified mail to the Motor Vehicle Emission Repair Facility Registration Unit of the Motor Vehicle Commission at the address specified in N.J.A.C. 13:20-45.4(a).(k) An amended application shall be filed by the registrant with the Chief Administrator when there is a substitution and/or addition of persons or entities required to be listed on the application by N.J.A.C. 13:20-45.4.(l) Any process issued to a registrant pursuant to the statutory authority of the Chief Administrator including, but not limited to, subpoenas, orders, and orders to show cause, may be served upon a registrant or counsel of record, by sending said process by certified or ordinary mail, to the business address of the motor vehicle emission repair facility or to counsel's address on record with the Motor Vehicle Commission.(m) When an emission repair or OBD repair is performed on a motor vehicle, the registered motor vehicle emission repair facility shall cause to be imprinted on the emission repair form a stamp with the following: | NEW JERSEY |
| MOTOR VEHICLE COMMISSION |
| EMISSION REPAIR FACILITY |
| REGISTRATION NO. |
| DATE: |
1. The motor vehicle emission repair facility registration number and the date of emission repairs or OBD repairs shall be contained on the stamp. Each motor vehicle emission repair facility shall purchase the above stamp from a commercial source.(n) A personal computer with internet browsing software, and access to internet service, for recording emission and OBD repair data by means of a web-based portal shall be available on the business premises of a motor vehicle emission repair facility.N.J. Admin. Code § 13:20-45.11
Amended by R.2001 d.358, effective 10/15/2001.
See: 33 N.J.R. 1894(a), 33 N.J.R. 3651(b).
Added (m).
Amended by R.2003 d.206, effective 5/19/2003.
See: 34 N.J.R. 2523(a), 35 N.J.R. 2251(b).
Rewrote (m).
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Motor Vehicle Commission" for "Division" and "Division of Motor Vehicles" and "Chief Administrator" for "Director" throughout; in (g), inserted "emission"; and in (h), substituted "30" for "10".
Amended by R.2009 d.312, effective 10/19/2009.
See: 41 N.J.R. 1674(a), 41 N.J.R. 3939(b).
In (e)1, substituted "three" for "four" and "regular" for "normal" and deleted a comma following "Affairs"; and added (n).