N.J. Admin. Code § 13:21-26.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:21-26.2 - Application

(a) The Commission shall prescribe a form of application for a TNC to apply to the Commission for a TNC permit to operate pursuant to N.J.S.A. 39:5H-4. This application will be made available and must be used by all TNC applicants. The application must be accompanied by a certification as to the accuracy of the application and all supporting materials.

(b) At the time of initial and renewal application, the TNC applicant shall submit a copy of the Federal notice of the TNC's tax identification number and the TNC's New Jersey sales tax certificate of authority.

(c) At the time of each initial and renewal application, the TNC applicant shall submit a list of all proposed authorized signatories on behalf of the TNC. The TNC applicant shall notify the Commission within 10 days of any change in that list. Every application shall include a certification by each authorized signatory that he or she has not previously held a permit issued by the Chief Administrator or the Commission that was suspended or revoked and on which the terms or penalties imposed with such suspension or revocation have not been satisfied. Upon request from the Chief Administrator, the TNC applicant shall produce documentation demonstrating that each authorized signatory is authorized to execute documents on behalf of the TNC applicant.

(d) At the time of each initial and renewal application, the TNC applicant shall submit a list of all TNC corporate officers, board members, partners, or members, as applicable, and any proposed authorized signatory. The Commission may deny, suspend, or revoke a TNC's permit if any individual identified by the TNC pursuant to (c) above, previously held a permit, or was an officer, board member, partner, member, or authorized signatory in a TNC that held a permit that was suspended or revoked and the terms or penalties imposed with such suspension or revocation have not been satisfied.

(e) All TNC applicants shall disclose all names under which they conduct business and all other names under which they intend to trade or to do business. The TNC shall have an ongoing duty to report to the Commission, in writing, any names or changes in existing names under which the TNC intends to do business, and shall not conduct business under a new name until the Commission has acknowledged receipt of the notification of change in business or trade name.

(f) Each application must be accompanied by satisfactory proof of insurance pursuant to N.J.S.A. 39:5H-10, which shall be a certificate of insurance that displays the name, address, telephone, and facsimile numbers of the insurance provider, the policy number and dates of coverage, the named and any additional insured parties or entities, and the limits of coverages provided under the policy.

(g) Each application must be accompanied by satisfactory proof that the TNC applicant is registered as a business in the State pursuant to N.J.S.A. 39:5H-4. Proof of registration shall be an original or a copy of the TNC applicant's registration certificate that displays the business name, trade name, if applicable, business address, certification number, certification issuance date, and effective date. TNC applicants that are business entities established outside New Jersey must register with the Secretary of State as a foreign business pursuant to Title 14A or 42 of the New Jersey Statutes, as applicable.

(h) An application for a TNC permit shall be accompanied by a written description of the TNC's zero tolerance policy on the use of controlled dangerous substances and alcohol, as required by N.J.S.A. 39:5H-14. The written description of the TNC applicant's zero tolerance policy shall be submitted to the Commission on official letterhead of the TNC applicant.

(i) Each application for a TNC permit shall be accompanied by a written description of the TNC applicant's non-discrimination policy, as required by N.J.S.A. 39:5H-15. The TNC applicant's written description of its non-discrimination policy shall be submitted to the Commission on official letterhead of the TNC applicant.

(j) Each application for a TNC permit shall be accompanied by proof that the TNC has established an identifying marker as required by N.J.S.A. 39:5H-23.b, a two-dimensional barcode or other machine-readable code or image as required by N.J.S.A. 39:5H-23.c, and a credential placard in compliance with, and as required by, N.J.S.A. 39:5H-23.1.a, and 39:5H-23.d. The TNC applicant shall attach the TNC's identifying marker, two-dimensional barcode or other machine-readable code or image, and credential placard in full color for recording by the Commission. The identifying marker, two-dimensional barcode, or other machine-readable code or image, and credential placard shall also be submitted to the Commission by email, to the address indicated on the application, in jpeg format, within 10 days of the TNC applicant's submission of the TNC application. The two-dimensional barcode or other machine-readable code or image may be included on the credential placard or as a separate document.

(k) An application for a TNC permit submitted by a TNC registered as a business in the State or operating in the State prior to May 1, 2017, shall be accompanied by proof of approval by the Attorney General of the TNC applicant's proposed criminal history background process method as required by N.J.S.A. 39:5H-17. If proof of approval by the Attorney General is not submitted, the TNC applicant shall be required to comply with N.J.S.A. 39:5H-17.e(2). An application for a TNC permit submitted by a TNC that was not registered as a business in the State or operating in the State prior to May 1, 2017, shall be accompanied by proof of approval by the Attorney General of the TNC applicant's proposed criminal history background process method as required by N.J.S.A. 39:5H-17. If proof of approval by the Attorney General is not submitted, the TNC shall be required to comply with N.J.S.A. 39:5H-17.e(1).

(l) A TNC applicant shall provide the Commission with the name, address, and phone number of its registered agent for service of process. The TNC applicant shall also provide the name, address, and phone number of a contact person who is familiar with the TNC's records and properly empowered, so that he or she can arrange for inspection, investigation, and review of records consistent with N.J.S.A. 39:5H-25.

(m) An application for an initial TNC permit or renewal thereof must be accompanied by the $ 25,000 permit fee required by N.J.S.A. 39:5H-27.4. Payment of the permit fee shall be accepted in only the following forms: business check, certified bank check, or money order.

(n) Upon approval of an application submitted by a TNC applicant, which includes payment of all fees and presentation of all required proofs, an initial or renewal permit shall be issued by the Commission. Each initial permit and each renewal permit shall be effective for one year from the date of issuance. No later than 60 days before expiration of a permit, a renewal application, which includes payment of all fees and presentation of all proofs required by this section, shall be submitted for each permit sought to be renewed.

N.J. Admin. Code § 13:21-26.2

Special amendment, R.2020 d.002, effective 11/26/2019 (to expire November 26, 2020).
See: 52 N.J.R. 65(a).
Rewrote (j).
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).
In (j), substituted "N.J.S.A. 39:5H-23.1.a, and 39:5H-23.d. The TNC applicant shall attach" for "N.J.S.A. 39:5H-23.1 and 39:5H-23 and attachment of".