N.J. Admin. Code § 13:45A-17.5

Current through Register Vol. 56, No. 17, September 3, 2024

Section 13:45A-17.5 - Initial and renewal applications

(a) Each home improvement contractor required to be registered under this subchapter shall initially register with the Division by submitting the following on forms provided by the Director:

1. The name and street address of each place of business of the home improvement contractor and any fictitious or trade name to be used by the home improvement contractor;

2. The type of business organization;

3. The name, residence and business street address of each officer, director, principal and person with an ownership interest of 10 percent or more in the home improvement contractor business, including the percentage of ownership held;

4. The name and number of any professional or occupational license, certificate or registration issued by this State or any other governmental entity to any officer, director, principal or person with an ownership interest of 10 percent or more in the home improvement contractor business;

5. Whether the entity, any officer, director, principal or person with an ownership interest of 10 percent or more in the home improvement contractor business has been adjudged liable in an administrative or civil action involving any of the situations in (a)5i through vi below. For the purposes of this paragraph, a judgment of liability in an administrative or civil action shall include, but not be limited to, any finding or admission that the entity, officer, director, principal or person with an ownership interest of 10 percent or more in the home improvement contractor business engaged in an unlawful practice or practices related to any of the named situations in (a)5i through vi below regardless of whether that finding was made in the context of an injunction, a proceeding resulting in the denial, suspension or revocation of a license, certification or registration, consented to in an assurance of voluntary compliance or any similar order or legal agreement with any State or Federal agency. As described above, this paragraph covers the following situations:

i. Obtained any registration, certification or license by fraud, deception or misrepresentation;

ii. Engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;

iii. Engaged in gross negligence, gross malpractice or gross incompetence;

iv. Engaged in acts of negligence, malpractice or incompetence involving selling or making a home improvement; and

v. Engaged in professional or occupational misconduct;

6. Whether the entity, any officer, director, principal or person with an ownership interest of 10 percent or more in the home improvement contractor business has been convicted of any crime involving moral turpitude or any crime relating adversely to selling or making home improvements. For the purpose of this paragraph, a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;

7. Whether the entity, any officer, director, principal or person with an ownership interest of 10 percent or more in the home improvement contractor business has had their authority to engage in the activity regulated by the Director revoked or suspended by any other state, agency or authority;

8. Whether the entity, any officer, director, principal or person with an ownership interest of 10 percent or more in the home improvement contractor business has violated or failed to comply with the provisions of any act, regulation or order administered or issued by the Director;

9. Whether the entity, any officer, director, principal or person with an ownership interest of 10 percent or more in the home improvement contractor business believes they are unable to meet the requirements of the Contractors' Registration Act, 56:8-136 et seq. or rule in this subchapter for medical or any other good cause to the detriment of the public's health, safety and welfare; and

10. The name and street address of an agent in the State of New Jersey for service of process.

(b) An application that is not completed because of the applicant's failure to cure a deficiency or to comply with the Director's request for additional information within six months from the date of the first deficiency notice or the date of the first written request for additional information shall be deemed to have been abandoned.

(c) In addition to the information required in (a) above, the applicant shall include the following with the initial application:

1. A properly completed disclosure statement that complies with the requirements of 13:45A-17.6;

2. Proof of the home improvement contractor's commercial general liability insurance policy in a minimum amount of $ 500,000 per occurrence that complies with the requirements of 13:45A-17.12; and

3. The initial registration fee in the amount specified in 13:45A-17.14.

(d) The first registration period that begins January 20, 2015, shall expire on March 31 of the following year. Thereafter, a registration period shall commence on April 1 of each year and end on the following March 31.

(e) A registered home improvement contractor shall include the following with the annual renewal application:

1. A completed renewal application that will be on a form specified by the Director;

2. Proof of the home improvement contractor's commercial general liability insurance policy in a minimum amount of $ 500,000 per occurrence that complies with the requirements of 13:45A-17.12;

3. The renewal registration fee in the amount specified in 13:45A-17.14; and

4. If the completed renewal application is received by the Division after the renewal application's due date as specified on the renewal application, the late fee in the amount specified in 13:45A-17.14.

N.J. Admin. Code § 13:45A-17.5

Amended by 47 N.J.R. 274(a), effective 1/20/2015