N.J. Admin. Code § 13:42-10.11

Current through Register Vol. 56, No. 18, September 16, 2024

Section 13:42-10.11 - Prohibition on excessive fees

(a) The Board may review information and complaints alleging excessive fees charged by Board licensees. This regulation is not intended to impinge upon the strong public policy in favor of a competitive, free enterprise economy embodied in the antitrust laws of the United States and of this State.

(b) A licensee shall not charge an excessive fee for services. A fee is excessive when, after a review of the facts, a licensee of ordinary prudence would be left with a definite and firm conviction that the fee is so high as to be manifestly unconscionable or overreaching in the circumstances.

(c) Factors which the Board may consider in determining whether a fee is excessive include, but are not limited to, the following:

1. The novelty and difficulty of the service or treatment;

2. The time and effort required;

3. The skill required to properly perform the procedure or treatment;

4. Any requirements or conditions imposed by the client or by the circumstances;

5. The nature and length of the professional relationship with the client;

6. The experience, reputation and ability of the licensee performing the services;

7. The nature and circumstances under which services are provided; and

8. Comparable fees charged by licensees not under inquiry.

(d) Charging an excessive fee in violation of the provisions of this section shall constitute professional misconduct subjecting the licensee to disciplinary sanction by the Board.

N.J. Admin. Code § 13:42-10.11