ELDER LAW & ESTATE ADMINISTRATION BOOK AND AUDIO FOR SALE

ELDER LAW & ESTATE ADMINISTRATION BOOK AND AUDIO FOR SALE
Book elder law & estate administration including:

• Why Have a Will? 
Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?

• Powers of Attorney 
Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms

• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool 
Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms

• Basic Tax Considerations Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; 
sample forms/letters

• Estate Administration - New Probate Law in New Jersey Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists

• Medicaid Planning in Light of Federal Medicaid Reform Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules
 …and more

This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced estate planners and professionals who help senior citizens. You’ll also gain insight on how Federal Medicaid Reform will impact seniors.
Speakers:
THOMAS D. BEGLEY, JR., ESQ.,

KENNETH A. VERCAMMEN, ESQ.
Chair, ABA Estate Planning & Probate Law Committee
2006 NJSBA Municipal Court Practitioner of the Year


KATHLEEN A. SHERIDAN, ESQ.


MARTIN A. SPIGNER, ESQ.


Handbook 45.00 [$36 NJSBA Member Price] pages ] Item M57809

Handbook with Audio CD $189 [$149 NJSBA Member Price Item CDP57809


*NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order

Contact: New Jersey Institute for Continuing Legal Education 
 (732)214-8500

61ST SEMI-ANNUAL TAX & ESTATE PLANNING FORUM

61ST SEMI-ANNUAL TAX & ESTATE PLANNING FORUM
Presented in cooperation with the NJSBA Taxation Section


Wednesday, June 10, 2009
9:00 AM to 5:00 PM
New Jersey Law Center, New Brunswick / S127-14950


In 1977, NJICLE presented the First Semi-Annual Tax & Estate Planning Forum, designed to provide an opportunity for attorneys, accountants and life underwriters to keep up with changes in this complex area of law. Now more than ever, the ability to meet your clients’ needs is dependent upon your ability to keep up to date with the law, regulations, and available planning techniques. The proper approach to any given situation may be even less clear, and more dependent upon your informed professional judgment.
Join the speakers and your colleagues at this 61st Semi-Annual program. As in past years, the program provides an opportunity to network with your peers and exchange viewpoints on how to resolve today’s most challenging problems.
Explore today’s hottest tax and estate planning topics at this popular semi-annual forum:
• Client Motivations & Goals in the Estate Planning Process
• The Standards for Undue Influence: Shifting the Burden of Proof Through Summary Judgment
• Contingent & Vested Reminders: The Surprising Consequences for Family Members in 
Credit Shelter Trust Planning and Other Trust Arrangements
• Generation Skipping and Other Tax Issues Raised by Vesting Issues
• Recent Estate and Gift Tax Developments
• The Use of Grantor Trusts After Revenue Ruling 2008-22
• The Standard of Care in Estate Tax Planning Malpractice Claims Against Attorneys
• The Estate Attorney’s Fiduciary Duties: New Case Law & Practice Pointers to Avoid Potential Malpractice Liability
…and more

Moderators/Speakers:

JOHN J. MIESOWITZ, ESQ.
Ventura, Miesowitz, Albano, Keough & Warner (Summit)



JOHN L. PRITCHARD, ESQ.
Law Offices of John L. Pritchard, Esq. (Union)


Keynote Presentation by:

KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
K. Vercammen & Associates (Edison)


Speakers include:
BRENDA L. EUTSLER, ESQ.
Asbell, Kushner & Eutsler, PA (Cherry Hill)


JAY J. FREIREICH, ESQ.
Poe & Freireich, PA (Florham Park)


RICHARD H. GREENBERG, ESQ.
Greenberg & Schulman (Woodbridge)


GLENN A. HENKEL, ESQ. J.D., LL.M., CPA, A.E.P.
Author: “New Jersey Estate Planning Manual: Theory, Practice & Forms” (2007, NJICLE)
Editor & Contributing Author: “Estate & Trust Litigation” (2006, NJICLE)
Editor & Contributing Author: “New Jersey Probate Procedures Manual” (2009)
Kulzer & DiPadova (Haddonfield)


JACK F. MEOLA, ESQ., CPA
Amper Politziner & Mattia (Bridgewater)


ANITA J. SIEGEL, ESQ.
2001 Clapp Laureate
Siegel & Bergman, LLC (Morristown)


M. J. SULLY, ESQ.
Special Counsel
Essex County Surrogate Court (Newark)


STEPHEN K. WARNER, ESQ.
Ventura, Miesowitz, Albano, Keough & Warner (Summit)


For Registration Details, contact : New Jersey Institute for Continuing Legal Education 
 
One Constitution Square, New Brunswick, New Jersey 08901-1520 
Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com

Cost

Tuition fees Reg. Fee Reg. Type

General Tuition (REG) $199.00 REG
NJICLE Season Tickets (STX) 2 Season Ticket(s) STX
MEMBERS, CO-SPONSORING SECTION (COS*) $149.00 COS*
MEMBERS, NJSBA (NJB*) $159.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $149.00 YLD*
Recent admittees (past 2 years) (YL) $169.00 YL
Paralegals (PAR) $129.00 PAR
Law Students (with Student ID) (STU) $50.00 STU
Full Time Judges (JUD) $50.00 JUD
Credit Type
Credit Amount
PAS: 6.0 credits pending
($28 fee for all PA credits)
PAE: 1.0 credits pending
(Included in PA credit fee)
NYP (n/t): 7.0
credits
NYE (n/t): 1.0
credits
CFP
3.0 estate planning; 3.0 investment; 2.0 retirement planning (pending)

DOOR REGISTRATIONS: $219

Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
• NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price

More details at http://www.njicle.com/seminar.aspx?sid=778



New Jersey Institute for Continuing Legal Education is the non-profit continuing education service of: 
The New Jersey State Bar Association Rutgers - The State University of New Jersey, Seton Hall University

Latest Cases and Court Rules in Municipal Court program

Latest Cases and Court Rules in Municipal Court program
Thursday, May 14
 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:

Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK

8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14
 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ

10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker: 
Jeffrey Evan Gold, Esq.


Luncheon Buffet at Exhibition Hall

1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq.


3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists: 
Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq. 
Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq.

Deborah Veach, Esq.
 Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14 
1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy 
Deutsch, Mulvaney & Carpenter, LLP
Speakers:
 Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq.
 McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq. 
Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14
 3 - 4:30 p.m.
Moderator: 
Robert Brass, Esq.
 Picillo Caruso Pope Edell Picini, PC
Speakers: 
Paul J. Bradley, Esq.
 Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq.
 NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq.
 Picillo Caruso Pope Edell Picini, PC

Kenneth Vercammen named Super Lawyer for 2009

Kenneth Vercammen named Super Lawyer for 2009
ABOUT SUPER LAWYERS
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.
Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Rising Stars names the state's top up-and-coming attorneys.
Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.

SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.

PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html

Proposed revisions to the Family Rules FAMILY PRACTICE COMMITTEE 2007-2009 FINAL REPORT

Thinking of getting divorced or making a motion to reduce alimony or child support. These are the proposed revisions to the Family Rules FAMILY PRACTICE COMMITTEE 2007-2009 FINAL REPORT






January 20, 2009

i
Table of Contents
I. Introduction...........................................................................................................1
II. Proposed Rule Amendments for Adoption.........................................................2
A. Proposed Amendment to R. 1:1-2 - References to Marriage, Spouse and
Related Terms.............................................................................................2
Discussion...................................................................................................2
Civil Unions and Domestic Partnerships........................................2
R. 1:1-2.......................................................................................................3
B. Proposed Amendment to R. 1:5-6(c)(1)(C) - Affidavit or certification
notifying litigant of complementary dispute resolution alternatives..........4
Discussion...................................................................................................4
Need to Amend R. 1:5-6(c)(1)(C) to Include Reference to the
Affidavit or Certification of Notification of Complementary
Dispute Resolution Alternatives as a Document that if Not Filed
with an Initial Pleading Must be Included as a Non-Conforming
Paper as Defined in the Rule...........................................................4
R. 1:5-6.......................................................................................................5
C. Proposed Amendment to R. 1:6-3(b) - Cross-Motions...............................7
Discussion...................................................................................................7
Amend R. 1:6-3(b) (cross-motions) to clarify its exception to
Family Part matters.........................................................................7
R. 1:6-3.......................................................................................................8
D. Proposed Amendment to R. 1:40-5(b) - Mediation of Economic Aspects of
Divorce........................................................................................................9
Discussion...................................................................................................9
Amend R. 1:40-5(b) to remove reference to Appendix XIX
because the Economic Mediation Pilot concluded and the appendix
was deleted on February 6, 2007 (Technical Change)....................9
R. 1:40-5...................................................................................................10
E. Proposed Amendment to R. 2:6-11(e) - Advising Court of Custodial
Change......................................................................................................11
Discussion.................................................................................................11
Include reference to Children in Court matters because Appellate
courts are routinely interested in the placement status of children in
the care of the Division of Youth and Family Services................11
R. 2:6-11...................................................................................................12
F. Proposed Amendment to R. 2:9-1(c) - Control by Appellate Court of
Proceedings Pending Appeal or Certification...........................................13
Discussion.................................................................................................13
Proposed procedures for an ineffective assistance of counsel claim
in appeals from judgment terminating parental rights..................13
R. 2:9-1.....................................................................................................14
G. Proposed Amendment to R. 5:2-1 - Venue, Where Laid..........................15
Discussion.................................................................................................15
ii
Proposed Amendment to Venue rule to be consistent with the
Uniform Interstate Family Support Act (UIFSA) and the Uniform
Child Custody Jurisdiction and Enforcement Act (UCCJEA)......15
R. 5:2-1.....................................................................................................16
H. Proposed Amendment to R. 5:3-5 - Attorney fees and retainer agreements
in civil family actions; withdrawal...........................................................19
Discussion.................................................................................................19
Factors for awarding attorney fees................................................19
R. 5:3-5.....................................................................................................26
I. Proposed Amendment to R. 5:4-2(g) - Complaint....................................28
Discussion.................................................................................................28
Clarify the intent of R. 5:4-2(g) that the Confidential Litigant
Information Sheet (CLIS) is not to be served upon the other party
.......................................................................................................28
R. 5:4-2.....................................................................................................29
J. Proposed Amendments to R. 5:5-4 - Motions in family actions...............31
Discussion.................................................................................................31
When a case information statement (CIS) is required to be filed in
post-judgment motions..................................................................31
Proposed Amendment to R. 5:5-4(b) dealing with page limits....33
Notice to Litigants - Requirement to serve two copies of motions,
cross-motions, certifications and briefs (Technical Change) .......35
Using tabbed dividers to separate attachments to motions...........36
R. 5:5-4.....................................................................................................37
K. Proposed Amendment to R. 5:5-6 - Participation in Mandatory Post-MESP
Mediation or in a Mandatory Post-MESP Complementary Dispute
Resolution Event.......................................................................................40
Discussion.................................................................................................40
Amend R. 5:5-6 to remove reference to Appendix XIX because the
Economic Mediation Pilot concluded and the appendix was deleted
on February 6, 2007 (Technical Change).....................................40
R. 5:5-6.....................................................................................................41
L. Proposed Amendment to R. 5:5-10 - Default, Notice for Final Judgment42
Discussion.................................................................................................42
Rename Notice of Equitable Distribution.....................................42
R. 5:5-10...................................................................................................43
M. Proposed Amendment to R. 5:6B - Cost-of-living adjustments for child
support orders............................................................................................44
Discussion.................................................................................................44
R. 5:6B Cost-of-Living Adjustments for Child Support Orders and
R. 5:7-4(e)(7) Triennial Review and Adjustment of Child Support
Orders (N.J.S.A. §2A:17-56.9a) and 42 U.S.C. §666...................44
R. 5:6B......................................................................................................46
N. Proposed Amendment to R. 5:12-4(g), 5:13-1 and 5:21-4 ......................48
Discussion.................................................................................................48
iii
Creation of Department of Children and Families (Technical
Change).........................................................................................48
R. 5:12-4...................................................................................................49
R. 5:13-1...................................................................................................51
R. 5:21-4...................................................................................................52
O. Proposed Amendment to R. 5:13-4 and Deletion of Appendix XV - Initial
Court Order...............................................................................................53
Discussion.................................................................................................53
Deleting Reference to Initial Court Order in R. 5:13-4 and Deleting
Appendix XV................................................................................53
R. 5:13-4...................................................................................................54
Appendix XV - Initial Court Order, R. 5:13-4..........................................55
P. Proposed Amendment to R. 5:25-3 - Child Support Hearing Officers.....56
Discussion.................................................................................................56
Time to request Child Support Hearing Officer Appeals.............56
R. 5:25-3...................................................................................................57
Q. Proposed Amendment to Appendix IX-A and Appendix IX-B - Child
Support Guidelines....................................................................................58
Discussion.................................................................................................58
Calculating child support - Defining a child's derivative dependent
benefit from the Social Security Administration when the custodial
parent is disabled...........................................................................58
Appendix IX-A (Considerations in the Use of Child Support Guidelines)
and Appendix IX-B (Sole Parenting and Shared Parenting Worksheet Line
Instructions)..............................................................................................60
R. Proposed Amendment to Appendix X - Case Management Order...........61
Discussion.................................................................................................61
Cite to R. 5:5-6 should be corrected to R. 5:5-7 (Technical
Change).........................................................................................61
Appendix X...............................................................................................62
S. Proposed Amendment to Appendix XXIV - Confidential Litigant
Information Sheet......................................................................................63
Discussion.................................................................................................63
Deleting Reference to Mother's maiden name in the Confidential
Litigant Information Sheet (CLIS) and other technical changes..63
Appendix XXIV (Confidential Litigant Information Sheet)....................65
III. Proposed New Rules for Adoption....................................................................66
A. Proposed New R. 2:10-6 and New R. 5:12-7 - Ineffective Assistance of
Counsel Appeals.......................................................................................66
Discussion.................................................................................................66
Proposed procedures for an ineffective assistance of counsel claim
in appeals from judgment terminating parental rights..................66
[New] R. 2:10-6........................................................................................67
[New] R. 5:12-7........................................................................................68
IV. Issues Considered Without Recommendation..................................................69
A. Notice Period for Motion for Reconsideration.........................................69
iv
B. Name change of a minor child during a divorce ......................................70
C. Use of an abbreviated case information statement (CIS) to satisfy the
requirements of R. 5:5-4(a) for child support modifications....................72
D. Counsel Fees in General and for Appellate Practice ...............................74
E. Parental Alienation ...................................................................................75
F. Evaluate systemic pressure to settle domestic violence cases..................78
G. Child support - Entering the judgment and credit reporting immediately
upon establishment of the child support case...........................................79
H. Model Orders to Show Cause (AOC Directive 16-05).............................82
I. Child support modification and emancipation hearings for cases involving
one obligor and multiple families.............................................................84
Discussion.................................................................................................84
Venue and notice requirements for serial family obligations ......84
Whether child support guidelines technology could provide for
offsets related to the other orders to assist in the determination of
the modification similar to the programming used for
establishments ..............................................................................86
J. (1) Deviations of calculations among commercial child support guidelines
software and (2) Unavailability of the child support guidelines software
used by the courts to private litigants.......................................................87
K. (1) Clarification of Appendix IX personal tax withholding allowances
amended on March 11, 2008 and (2) Table limits of Appendix IX-H.....88
L. Case information statement: Statement of Liabilities contains column for
equitable distribution that does not match the Statement of Assets column
for equitable distribution...........................................................................89
V. Other Recommendations....................................................................................90
A. Whether a rule should be adopted requiring the court to advise both
litigants in an application for a restraining order under the Prevention of
Domestic Violence Act of their right to be represented by counsel.........90
Discussion.................................................................................................90
Recommendation......................................................................................90
B. Creating Standards for Batterer Intervention Programs............................91
Discussion.................................................................................................91
Recommendation......................................................................................91
C. Review alternate or modified models for child support guidelines and
inclusion of automobile expenses and insurance in the child support
guidelines..................................................................................................92
Discussion.................................................................................................92
Recommendation......................................................................................93
D. Review of "rebuttable presumption" language in Appendix IX-A regarding
guidelines deviation and identifying expenses covered under the Child
Support Guidelines for deviation..............................................................95
Discussion.................................................................................................95
Recommendation......................................................................................96
VI. Matters Held for Consideration........................................................................97
A. Civil Unions..............................................................................................97
v
B. Audio or video taping custody evaluations...............................................98
C. Whether eight days is sufficient time to reply to a cross motion and
whether ten pages is adequate for a reply certification to a cross motion99
D. Proof of service using U.S. Postal Service website's Tracking and
Confirmation page..................................................................................100
E. Whether R. 5:7-1 provides a determination on venue for irreconcilable
differences...............................................................................................101
F. Compensation for Mediators...................................................................102
G. Confirming arbitrations in the Family Part.............................................103
H. Child support - Electronic signatures for complaints and orders, and
amending Rules of Court relating to the implementation of a new
automated child support enforcement system.........................................104
I. Default Judgment....................................................................................105
VII. Out of Cycle Activity........................................................................................106
A. Public Access to Court Records..............................................................106
Committee Members and Staff....................................................................................111
List of Attachments.......................................................................................................112

1
I. Introduction
The Supreme Court Family Practice Committee ("Practice Committee") recommends that
the Supreme Court adopt the proposed rule amendments and proposed new rule adoptions
contained in this report. Also in this report, the Practice Committee reviewed other issues, some
of which require no recommendations and some of which contain non-rule recommendations.
In the proposed changes to rules contained in this report, deleted text is bracketed [as
such], and added text is underlined as such. No change in the text of the rule is indicated by ". . .
no change."
2
II. Proposed Rule Amendments for Adoption
A. Proposed Amendment to R. 1:1-2 - References to Marriage, Spouse
and Related Terms
Discussion
Civil Unions and Domestic Partnerships
Effective September 1, 2007, the Supreme Court amended R. 5:1-2 to address the
enactment of P.L. 2006, c. 103, which is a law concerning marriage and civil unions.
In addition to the 2007 amendment to R. 5:1-2, the Court referred this issue to all Practice
Committees to consider and recommend a global rule to ensure that all litigants in the New
Jersey courts, whether spouses, partners to a civil union or partners to a domestic partnership, are
treated equally under the Rules of Court.
The recommended rule amendment below is based primarily on language that was
codified in N.J.S.A. 37:1-33. This recommendation was endorsed by the Family Practice
Committee and Civil Practice Committee.
A number of other issues relating to civil unions will be discussed in more detail in this
report, infra. The Practice Committee believes that those issues require more consideration and
thus the Practice Committee recommends holding those other issues for the next rules cycle.

3
R. 1:1-2
1:1-2 Construction and Relaxation; References to Marriage, Spouse and Related Terms
(a) The rules in Part I through Part VIII, inclusive, shall be construed to secure a just
determination, simplicity in procedure, fairness in administration and the elimination of
unjustifiable expense and delay. Unless otherwise stated, any rule may be relaxed or dispensed
with by the court in which the action is pending if adherence to it would result in an injustice. In
the absence of rule, the court may proceed in any manner compatible with these purposes and, in
civil cases, consistent with the case management/trial management guidelines set forth in
Appendix XX of these rules.
(b) As used in Part I through Part VIII of these rules and appendices, any reference
made to "marriage," "husband," "wife," "spouse," "family," "immediate family," "dependent,"
"next of kin," "widow," "widower," "widowed," or to any other word or phrase that, in a specific
context, denotes a marital or spousal relationship, shall include a civil union, as established by
P.L. 2006, c. 103 and a registered domestic partnership, as established by P.L. 2003, c. 246.
Note: Source -- R.R. 1:27A, 3:1-2, 3:11-9, 4:1-2, 4:121, 6:1-1 (second sentence), 6:1-2,
8:1-2. Amended June 20, 1979 to be effective July 1, 1979; amended July 5, 2000 to be effective
September 5, 2000; caption amended, former text designated as paragraph (a) and new paragraph
(b), adopted _____________ to be effective _____________.

4
B. Proposed Amendment to R. 1:5-6(c)(1)(C) - Affidavit or certification
notifying litigant of complementary dispute resolution alternatives
Discussion
Need to Amend R. 1:5-6(c)(1)(C) to Include Reference to the Affidavit or Certification of
Notification of Complementary Dispute Resolution Alternatives as a Document that if Not
Filed with an Initial Pleading Must be Included as a Non-Conforming Paper as Defined in
the Rule
Rule 5:4-2(h) provides as follows:
(h) Affidavit or Certification of Notification of Complementary
Dispute Resolution Alternatives. The first pleading of each party shall
have annexed thereto an affidavit or certification that the litigant has been
informed of the availability of complementary dispute resolution ("CDR")
alternatives to conventional litigation, including but not limited to
mediation or arbitration, and that the litigant has received descriptive
material regarding such CDR alternatives.

This rule intends that such affidavits or certifications must be filed with the initial pleading that
each party submits to the clerk's office. It is believed that failure to file such pleadings have
resulted in clerks' offices deeming the pleadings as "non-conforming" and notifying the person
filing that the pleading must be submitted within a defined period of time. Rule 1:5-6(c)(1)(C)
defines what must be submitted to the clerk's office to avoid having a pleading returned. The
current rule makes no reference to materials required to be submitted pursuant to R. 5:4-2(h). It
is also noted that the approved forms of affidavits or certifications currently do not appear in the
Appendix to the Rules of Court. It is recommended that these approved documents (attached
hereto as Attachment A) should be so included.

5
R. 1:5-6
1:5-6. Filing
(a) . . . no change.
(b) . . . no change.
(c) Nonconforming Papers. The clerk shall file all papers presented for filing and may notify
the person filing if such papers do not conform to these rules, except that
(1) the paper shall be returned stamped "Received but not Filed (date)" if it is presented for
filing unaccompanied by any of the following:
(A) . . . no change.
(B) . . . no change.
(C) in Family Part actions, the affidavit of insurance coverage required by R. 5:4-2(f), the
Parents Education Program registration fee required by N.J.S.A. 2A:34-12.2, [or] the
Confidential Litigant Information Sheet as required by R. 5:4-2(g) in the form prescribed in
Appendix XXIV, or the Affidavit or Certification of Notification of Complementary Dispute
Resolution Alternatives as described in R. 5:4-2(h) in the form prescribed in Appendix ___ or
___ of these rules [appendices proposed in this recommendation]; or
(D) . . . no change.
(E) . . . no change.
(2) . . . no change.
(3) . . . no change.
(4) . . . no change.
(d) . . . no change.
(e) . . . no change.
6
Note: Source -- R.R. 1:7-11, 1:12-3(b), 2:10, 3:11-4(d), 4:5-5(a), 4:5-6(a) (first and
second sentence), 4:5-7 (first sentence), 5:5-1(a). Paragraphs (b) and (c) amended July 14, 1972
to be effective September 5, 1972; paragraph (c) amended November 27, 1974 to be effective
April 1, 1975; paragraph (b) amended November 7, 1988 to be effective January 2, 1989;
paragraph (b) amended June 29, 1990 to be effective September 4, 1990; paragraph (c) amended
November 26, 1990 to be effective April 1, 1991; paragraphs (b) and (c) amended, new text
substituted for paragraph (d) and former paragraph (d) redesignated paragraph (e) July 13, 1994
to be effective September 1, 1994; paragraph (b)(1) amended, new paragraph (b)(2), adopted,
paragraphs (b)(2), (3), (4), (5) and (6) redesignated paragraphs (b)(3), (4), (5), (6) and (7), and
newly designated paragraph (b)(4) amended July 13, 1994 to be effective January 1, 1995;
paragraphs (b)(1),(3) and (4) amended June 28, 1996 to be effective September 1, 1996;
paragraph (b)(4) amended July 10, 1998 to be effective September 1, 1998; paragraph (c)
amended July 5, 2000 to be effective September 5, 2000; paragraphs (c)(1) and (c)(3) amended
July 28, 2004 to be effective September 1, 2004; subparagraph (c)(1)(E) adopted, paragraphs
(c)(2) and (c)(3) amended, and paragraph (c)(4) adopted July 27, 2006 to be effective September
1, 2006; paragraph (b) amended June 15, 2007 to be effective September 1, 2007; paragraph
(c)(1)(C) amended and Appendix ___ and ___ adopted __________________ to be effective
_________________.

7
C. Proposed Amendment to R. 1:6-3(b) - Cross-Motions
Discussion
Amend R. 1:6-3(b) (cross-motions) to clarify its exception to Family Part matters
As part of its comprehensive amendments to the Rules of Court, in 2007, the Supreme
Court adopted the Practice Committee's recommended amendment of R. 1:6-3(b) to add at the
beginning of the second sentence of that rule the phrase, "Other than in Family Part motions
brought under Part V of these Rules."
After the adoption of this rule, concern was expressed about whether the amendment
fully addressed its perceived and generally agreed upon purpose.
The amendment was intended to address the comprehensive changes then recommended
for the timelines for the adjudication of Family Part motions. There can be no doubt that before
R. 1:6-3(b) was amended, there were two sets of timelines for Family Part motions depending
upon whether the motion was pre- or post-judgment. As the result of the recommendation made
concerning the timing of motions, all of which were adopted by the Supreme Court, one uniform
timeline was created for all Family Part motions. It was also intended that the 2007 amendment
eliminated, in the Family Part, the R. 1:6-3(b) requirement that cross-motions relate to the
subject matter of the original motion.
The Practice Committee therefore recommends that the underlying rule be amended.
8
R. 1:6-3
1:6-3. Filing and service of motions and cross-motions
(a) . . . no change.
(b) Cross-Motions. A cross-motion may be filed and served by the responding party together
with that party's opposition to the motion and noticed for the same return date only if it relates to
the subject matter of the original motion[. Other than] except in Family Part motions brought
under Part V of these Rules[, a] where a notice of cross-motion may seek relief unrelated to that
sought in the original motion. A cross-motion relating to the subject matter of the original
motion shall, if timely filed pursuant to this rule, relate back to the date of the filing of the
original motion. The original moving party's response to the cross-motion shall be filed and
served as provided by paragraph (a) for reply papers. The court may, however, on request of the
original moving party, or on its own motion, enlarge the time for filing an answer to the cross-
motion, or fix a new return date for both. No reply papers may be served or filed by the cross-
movant without leave of court.
(c) . . . no change.
Note: Source -- R.R. 3:11-1, 4:6-3(a); amended July 24, 1978 to be effective September
11, 1978; amended July 16, 1979 to be effective September 10, 1979; amended July 16, 1981 to
be effective September 14, 1981; amended November 1, 1985 to be effective January 2, 1986;
amended June 29, 1990 to be effective September 4, 1990; amended July 13, 1994 to be effective
September 1, 1994; amended and paragraphs (a), (b) and (c) designated July 10, 1998 to be
effective September 1, 1998; paragraph (a) amended July 5, 2000 to be effective September 5,
2000; paragraph (b) amended July 12, 2002 to be effective September 3, 2002; paragraph (b)
amended June 15, 2007 to be effective September 1, 2007; paragraph (b) amended
__________________ to be effective _________________.

9
D. Proposed Amendment to R. 1:40-5(b) - Mediation of Economic
Aspects of Divorce
Discussion
Amend R. 1:40-5(b) to remove reference to Appendix XIX because the Economic
Mediation Pilot concluded and the appendix was deleted on February 6, 2007 (Technical
Change)
Both R. 1:40-5(b) and 5:5-6 contain references to Appendix XIX, which did not appear in
the 2008 Rules of Court but did appear in the 2007 Rules of Court. It is recommended that, as a
technical change, reference to Appendix XIX in R. 1:40-5(b) should be deleted, so that the sole
reference is to R. 5:5-6, which was adopted on September 1, 2006 and created a "post-MESP
Complementary Dispute Resolution (CDR) event." Accordingly, it is suggested that R. 1:40-
5(b) should read as follows.
10
R. 1:40-5
1:40-5. Mediation in Family Part Matters
(a) . . . no change.
(b) Mediation of Economic Aspects of Divorce. The CDR program of each vicinage shall
include a post-Matrimonial Early Settlement Panel (MESP) program for the mediation of the
economic aspects of divorce or for the conduct of a post-MESP alternate Complementary
Dispute Resolution (CDR) event consistent with R. 5:5-6 [and Appendix XIX of these Rules].
However, no matter shall be referred to mediation if a temporary or final restraining order is in
effect in the matter pursuant to the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et
seq.).
Note: Adopted July 14, 1992 to be effective September 1, 1992; new paragraph (c)
adopted January 21, 1999 to be effective April 5, 1999; caption and paragraphs (a) and (b)
amended July 5, 2000 to be effective September 5, 2000; caption amended, former paragraphs
(a), (b), and (c) redesignated as paragraphs (a)(1), (a)(2), and (a)(3), new paragraph (a) caption
adopted, and new paragraph (b) adopted July 27, 2006 to be effective September 1, 2006;
paragraph (a)(2) amended July 31, 2007 to be effective September 1, 2007; paragraph (b)
amended __________________ to be effective _________________.

11
E. Proposed Amendment to R. 2:6-11(e) - Advising Court of Custodial
Change
Discussion
Include reference to Children in Court matters because Appellate courts are routinely
interested in the placement status of children in the care of the Division of Youth and
Family Services
This recommendation relates to children who are the subject of Division of Youth and
Family Services (DYFS) litigation. This recommendation to amend R. 2:6-11 provides that the
appellant or respondent must advise the appellate court when the child's custodial status changes
so that the court receives current information regarding the child's placement.
12
R. 2:6-11
2:6-11. Time for serving and filing briefs; appendices; transcript; notice of custodial status
(a) . . . no change.
(b) . . . no change.
(c) . . . no change.
(d) . . . no change.
(e) Advising Court of Custodial Change. In criminal, quasi-criminal, [and] juvenile and
Division of Youth and Family Services matters, the appellant or respondent shall by letter advise
the court of any change in the custodial status of a defendant, juvenile, [or] other party subject to
confinement[,] or subject child during the pendency of the appeal.
Note: Source -- R.R. 1:7-12(a)(c), 1:10-14(b), 2:7-3. Paragraph (b) amended by order of
September 5, 1969 effective September 8, 1969; paragraph (a) amended July 7, 1971 to be
effective September 13, 1971; caption and paragraphs (a) and (b) amended June 29, 1973 to be
effective September 10, 1973; paragraph (a) amended May 8, 1975 to be effective immediately;
paragraphs (c), (d) and (e) adopted July 16, 1981 to be effective September 14, 1981; paragraphs
(a) and (b) amended and titles of paragraphs (c)(d) and (e) added November 2, 1987 to be
effective January 1, 1988; paragraphs (a) and (b) amended July 14, 1992 to be effective
September 1, 1992; paragraph (d) amended July 13, 1994 to be effective September 1, 1994;
paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraph (b) amended
July 28, 2004 to be effective September 1, 2004; paragraph (e) amended __________________
to be effective _________________.

13
F. Proposed Amendment to R. 2:9-1(c) - Control by Appellate Court of
Proceedings Pending Appeal or Certification
Discussion
Proposed procedures for an ineffective assistance of counsel claim in appeals from
judgment terminating parental rights
This recommendation is in response to the Supreme Court's decision of Division of
Youth and Family Services v. B.R., 192 N.J. 301 (2007). In B.R., the Court directed that
procedures should be established for ineffective assistance of counsel appeals in termination of
parental rights cases. This recommendation provides for amendments to R. 2:9-1 and the
adoption of two new rules, R. 2:10-6 and R. 5:12-7. See "Proposed New Rules for Adoption"
section, infra.
Although the Court in B.R. indicated that the remand hearing should be done in 14 days,
the majority of the Practice Committee believed that 30 days was necessary to complete the
hearing. The Practice Committee believes that the Public Defender's Office requires additional
time to assign new counsel who then needs the time to prepare for the remand hearing. As such,
this rule recommendation differs only as to the time to complete the ineffective assistance of
counsel remand hearing - 30 days instead of 14 days.

14
R. 2:9-1
2:9-1. Control by Appellate Court of Proceedings Pending Appeal or Certification
(a) . . . no change.
(b) . . . no change.
(c) Ineffective assistance of counsel claim in appeals from judgment terminating parental rights.
In appeals from judgments terminating parental rights pursuant to N.J.S.A. 30:4C-15 et seq. in
which ineffective assistance of counsel has been alleged, the appellate court, if it determines that
a genuine issue of material disputed fact on the issue of the representation provided by trial
defense counsel may require resolution, may retain jurisdiction and remand the case to the trial
judge for an accelerated hearing to be completed within 30 days to be followed promptly by an
oral opinion by the trial judge. The parties shall then be permitted simultaneously to exchange
supplemental appellate briefs within seven days on the limited issue of the remand.
Note: Source-R.R. 1:4-1 (first sentence), 1:10-6(a) (first and third sentences); paragraph
(a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended
November 1, 1985 to be effective January 2, 1986; new paragraph (c) adopted
_______________ to be effective _________________.

15
G. Proposed Amendment to R. 5:2-1 - Venue, Where Laid
Discussion
Proposed Amendment to Venue rule to be consistent with the Uniform Interstate Family
Support Act (UIFSA) and the Uniform Child Custody Jurisdiction and Enforcement Act
(UCCJEA)
The Practice Committee has been directed to prepare a proposed amendment to R. 5:2-1
so that it is consistent with the Uniform Interstate Family Support Act (UIFSA) and the Uniform
Child Custody Jurisdiction and Enforcement Act (UCCJEA).
The Practice Committee proposes the following rule amendments consistent with both
UIFSA and UCCJEA.
16
R. 5:2-1
5:2-1. Venue, Where Laid
Venue in family actions shall be laid in accordance with the applicable provisions of R.
3:14-1 and R. 4:3-2 except as follows:
(a) (1) In actions primarily involving the support or parentage of a child (except actions
in which the issue of support of a child is joined with claims for divorce or nullity) venue shall
be laid, pursuant to the Uniform Interstate Family Support Act (UIFSA), in the county of New
Jersey in which the child is domiciled, if New Jersey is determined to be the child's home state,
as defined under N.J.S.A. 2A: 4-30.65.
(2) In a proceeding to establish, enforce, or modify a support order or to determine
parentage, personal jurisdiction over nonresident individuals shall be governed by N.J.S.A. 2A:4-
30.68. and 2A:4-30.69.
(3) The jurisdictional basis for the establishment of a support order shall be governed
by N.J.S.A. 2A:4-30.71.
(4) The continuing exclusive jurisdiction of New Jersey or another issuing state,
exceptions thereto and modification of a support order issued by a court of this or another state,
shall be governed by N.J.S.A. 2A:4-30.72.
(5) Recognition of an order entered by this State, or by a tribunal of another state, and
the method to determine which order is controlling, when multiple orders exist, including
responses to multiple registrations or petitions for enforcement, shall be governed by N.J.S.A.
2A:4-30.74. and 2A:4-30.75.

17
(b) (1) [In actions involving custody of children where one party or the child does not
presently reside in New Jersey, venue shall be laid in the county designated by the courts of the
child's home state, which is defined as the state where the child, immediately preceding the time
involved, lived with his or her parents, a parent, or a person acting as parent, for at least six
consecutive months, unless it is found to be in the best interest of the child for another state to
accept jurisdiction.] In actions involving the welfare, custody, protection and status of a child
(except actions in which the issues of welfare, custody, protection and status of a child are joined
with claims for divorce or nullity), venue shall be laid, pursuant to the Uniform Child Custody
Jurisdiction and Enforcement Act (UCCJEA), in the county of New Jersey in which the child
was last domiciled if New Jersey is determined to be the child's home state, as defined under
N.J.S.A. 2A: 34-54, and pursuant to N.J.S.A. 2A:34-65.
(2) Pursuant to N.J.S.A. 2A:34-68, New Jersey may exercise temporary emergency
jurisdiction under the Rule.
[(b)] (c) In divorce and nullity actions, venue shall be laid in accordance with R. 5:7-1.
[(c)] (d) In actions for adoption, venue shall be laid in accordance with R. 5:10-1.
[(d)] (e) In actions for termination of parental rights, venue shall be laid in accordance
with R. 5:9-1.
[(e)] (f) In juvenile delinquency actions, venue shall be laid in accordance with R. 5:19-1.
[(f)] (g) In kinship legal guardianship actions, venue shall be laid in accordance with R.
5:9A-3.
Note: Source-new. Adopted December 20, 1983, to be effective December 31, 1983;
paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraph (a)
amended July 5, 2000 to be effective September 5, 2000; new paragraph (f) added June 15, 2007
to be effective September 1, 2007; paragraph (a) amended, paragraphs (b), (c), (d), (e) and (f)
18
renumbered to (c), (d), (e), (f) and (g), and new paragraph (b) adopted __________________ to
be effective _________________.

19
H. Proposed Amendment to R. 5:3-5 - Attorney fees and retainer
agreements in civil family actions; withdrawal
Discussion
Factors for awarding attorney fees
The Practice Committee discussed the issue of whether there has been full
implementation of the recommendations of the Special Committee on Matrimonial Litigation
dealing with counsel fee awards as contained in the Special Committee's 1998 Final Report.
Among the most significant reforms relating to the award of counsel fees proposed by the
Special Committee was the inclusion in what is now R. 5:3-5(c) of specific factors to be
considered in connection with all applications for the award of attorney fees in matrimonial
matters. An issue has arisen in the unreported opinion of Dounis v. Dounis, No. A-4717-05T2
(N.J. App. Div. Jan. 28, 2008). In the Appellate Division's slip opinion at page 18, the court
wrote:
A remand is also required to correct legal error. It was not proper
to consider settlement proposals in fixing counsel fees. A judge of
the Family Part may consider "the reasonableness and good faith
of the positions advanced by the parties" in assessing fees. R. 5:3-
5(c)(3). The reference to "positions advanced" should be read to
extend to positions asserted in court, not settlement proposals. We
have held that "failure to settle disputed claims is not in itself a
permissible consideration in assessing a fee." Diehl v. Diehl, 389
N.J. Super. 443, 455 (App. Div. 2006). We further recognize that
this court has noted that "'where one party acts in bad faith, the
relative economic position of the parties has little relevance'
because the purpose of the award is to protect the innocent party
from unnecessary costs and to punish the guilty part." Yueh v.
Yueh, 329 N.J. Super. 447, 461 (App. Div. 2000) (quoting Kelly v.
Kelly, 262 N.J. Super. 303, 307 (Ch. Div. 1992)). That settlement,
however, cannot be read too broadly and without regard to judicial
decisions discussing "bad faith."
In order to avoid discouraging litigation of meritorious claims that
may not ultimately prevail, the bad faith sufficient to allow the
Family Part to give less weight to the parties' relative need and
ability to pay requires more than the assertion of a position later
20
rejected by the court. Kelly, supra, 262 N.J. super. at 309. There
must be litigation conduct that is egregious, unjustified and
motivated by bad faith. The rationale is "to prevent a maliciously
motivated party from inflicted economic damage on an opposing
party by forcing expenditures fro counsel fees." Kelly, supra, 262
N.J. Super. at 307. Bad faith and unreasonable conduct has been
found where a party has unnecessarily complicated discovery or
the trial or unjustifiably increased the cost of the litigation through
defiance of court orders resulting in enforcement motions. See
Yueh, supra, 329 N.J. Super. at 462 (discussing relevant of failure
to comply with discovery and defiance of court orders); Chestone,
supra, 322 N.J. Super. at 259 (approving consideration of lack of
candor). Where specific conduct such as failure to comply with
court orders or unreasonably complication of litigation warrants an
award of fees, the fee assessed for that reason should be related
and proportionate to the expense incurred as a consequence of that
specific conduct. For example, where non-compliance is at issue,
an award in the amount of fees incurred to enforce the rights of the
non-offending litigant may be appropriate if those fees are
reasonable. There is, however, no authority to award or enhance a
fee because one party's settlement offer is "fairly reasonable" and
the other's offer is "decidedly less so."
The judgment, with the exception of the equitable distribution of
credit card debt and the award of counsel fees which are reversed,
is affirmed; the matter is remanded.
The Practice Committee has concluded that the Dounis opinion is inconsistent with the
intent of R. 5:3-5(c)(3), in that said rule specifically contemplated that, in making counsel fee
determinations, the court should consider "the reasonableness and good faith of the positions
advanced by the parties." This becomes clear in the discussion contained on pages 147-152 of
the Special Committee's Report, as follows:
The Committee recommends adoption of a new Part V rule setting
forth factors which the Family Part should consider in ruling upon
all applications for counsel fees. In this regard, and as previously
mentioned, the Committee is mindful that N.J.S.A. 2A:34-23
specifically provides:
[t]he court may order one party to pay a retainer on
behalf of the other for expert and legal services
when the respective financial circumstances of the
parties make the award reasonable and just. In
21
considering an application, the court shall review
the financial capacity of each party to conduct the
litigation and the criteria for award of counsel fees
that are then pertinent as set forth by court rule.
Whenever any other application is made to a court
which includes an application for pendente lite or
final award of counsel fees, the court shall
determine the appropriate award for counsel fees, if
any, at the same time that a decision is rendered on
the other issue then before the court and shall
consider the factors set forth in the court rule on
counsel fees, the financial circumstances of the
parties, and the good or bad faith of either party.
The Committee is also mindful that for almost three decades,
awards of counsel fees in Family Part actions have been guided by
the holding in Williams v. Williams, 59 N.J. 229, 233 (1971),
where our Supreme Court held in relevant part:
Under our practice, the award of counsel fees and
costs in a matrimonial action rests in the discretion
of the court. In deciding whether a wife is entitled
to counsel fees and costs, our court's focus on
several factors, including the wife's needs, the
husband's financial ability to pay and the wife's
good faith in instituting or defending the action.
Those factors being met, it is the policy of our law
that counsel fees and costs in matrimonial actions
are properly the obligation of the husband and he
should be compelled to furnish them to the wife. In
this respect, counsel fees and costs are not unlike
other categories of "necessaries," which the law
compels the husband, the usual repository of family
finances, to furnish to the wife. (Citations omitted)
In the years since Williams, a plethora of Appellate Division and
Family Part matters have focused upon the extent to which one
spouse should be compelled to contribute to the attorney's and
expert fees of the other. Among the issues raised has been the
question of whether good or bad faith should dictate the result of a
counsel fee award. In Darmanin v. Darmanin, 224 N.J. Super 427,
431 (App. Div. 1988), the Appellate Division observed:
Bad faith of a party in a family action may not be
the basis for assessing counsel fees against that
party. Our interpretation of the good-faith factor
find support in the express language of the Williams
22
opinion and by that court's reference to the doctrine
of "necessaries". Ibid.
In considering whether a husband should pay a
wife's counsel fees, the court said that factor is "the
wife's good faith in instituting or defending the
action given." Ibid. The Court made no reference to
the bona fides of the husband.
More recently, in Kelly v. Kelly, 262 N.J. Super 303, 311 (Ch.
Div. 1992), the Family Part considered the issue of attorney's fees
within the context of a matter in which one litigant refused to
accept the recommendation of both his lawyer and a Matrimonial
Early Settlement Panel. The Family Part wrote:
In sum, Defendant's pendente lite behavior does not
clearly suggest malice and his failure to accept the
recommendation of either his lawyer or the MESP
is not legally sufficient to justify the award of fees.
While this result imposes a substantial burden on
Plaintiff, it is, in the light of her economic parity,
required by the judicial philosophy of imposing fees
upon the party incurring them. While the wisdom
of a policy encouraging settlements by threatening
to award fees if an "unreasonable" position prevents
a settlement may be fairly debatable, the adoption
of such a philosophy (which constitutes a reversal
of the status quo) must first occur. Such directions
must come from an Appellate Court and under
existing law I am compelled to deny the application.
(Emphasis added.)
General Recommendation 7 of the Final Report of the Commission
To Study The Law of Divorce considered the same issue and
recommended as follows:
The Family Court should consider economic
sanctions on parties whose actions are unreasonable
but which to do not rise to the level of "bad faith"
set forth in the frivolous lawsuit statute. The court
should have expanded power to assess counsel fees
against litigants who take positions that are
unreasonable without first being required to make
findings of bad faith or that the position was
"frivolous". Rather, the court should insist upon
parties attempting to resolve cases on their own and
that their settlement positions be memorialized for
23
later review by a court. The courts' ability to assess
counsel fees for unreasonable positions, or dilatory
tactics, would have the effect of inducing people to
take more reasonable positions. Any requirement or
practice that there be a finding of "bad faith" is too
strict a standard and the Supreme Court is urged to
develop more flexible ways to insist upon
negotiating and attempts to resolve matters outside
of court with counsel fees assessed where the court
believes litigants to have acted unreasonably.
(Emphasis added.)
A theme that recurred throughout much of the testimony received
during its public hearings, as well as Committee debate, focused
upon the importance of litigants and their counsel reasonably and
realistically addressing the litigation process. So many members
of the public focused upon the length of litigation and the costs,
both personal and financial, that litigation spawns.
From the testimony and Committee debate, the Committee has
concluded that, in considering counsel fee applications at each
stage of litigation, the Family Part should take a multifactorial
approach considering, among others: the financial circumstances of
the parties; the ability of the parties to pay fees or contribute to
fees of the other party; the reasonableness of the positions
advanced by the parties; the extent of fees incurred by both parties;
the fees that may have been awarded previously; the amount of
fees previously paid by each party to their counsel; the results
obtained; the good or bad faith of the parties; the degree to which
fees were incurred to enforce existing orders or to compel
discovery; as well as any other factor that appropriately might bear
upon the fairness of the award.
All awards of counsel fees have and will continue to rest within the
sound discretion of the Family Part judge. That was the principle
originally enunciated in Williams, a principle which has withstood
the test of time. On the other hand, the Family Part of the 1990's is
very different than the Chancery Division of late 1960's which
originally considered Williams. Indeed, Williams itself was
decided within the context of different law at an earlier time and
long before the more recent amendments to N.J.S.A. 2A:34-23.
It is the Committee's view that, in making counsel fee
determinations, the Family Part should, following its tradition
rooted in equity, to do what it does best -- to weigh all relevant
considerations and reach the result that is fair under all of the
circumstances. In reaching the appropriate result, the Committee
24
agrees with the Commission To Study The Law Of Divorce that
litigants have a responsibility to take positions that are reasonable.
Certainly, a litigant's good or bad faith must be considered along
all other factors in determining an appropriate result.
In this regard, the Committee approves of the practice, generally
followed throughout New Jersey that, following final hearing, a
court may consider the positions each litigant took prior to the
matter being finally determined including their respective positions
in the light of recommendations that might have been made by a
Matrimonial Early Settlement Panel. Additionally, following final
hearing, the Family Part must take into account the totality of the
economic circumstances of each party including awards of
alimony, child support and equitable distribution of property.
In making its recommendations, the Committee specifically does
not disapprove of the holding in any prior case. Instead, the
Committee recommends the adoption of the multifactorial
approach contained in the proposed rule relying upon its
confidence that those who sit on the Family Part will, as they have
done for so long, do justice.
Accordingly, the Practice Committee recommends that R. 5:3-5(c) should be amended as
proposed herein. It is further recommended that the issue of counsel fees and related questions
also should be the focus of both judicial and continuing legal education for the benefit of both
the Bench and the Bar. As to the Bench, this recommendation is addressed for appropriate action
as a part of new judge training and continuing judicial education to the Conference of Presiding
Family Judges for appropriate action.
The Practice Committee concludes that it was the intent of the Special Committee's
creation of the factors now contained in the Rules of Court to assure that there is an equal
playing field for both a financially advantaged as well as a financially disadvantaged spouse, that
counsel fee awards are needed to level that playing field, and that there should be accountability
if one side is unreasonable with his or her settlement positions. Given the importance of this
issue, and the high turnover in the Family Part Bench over the last 10 years, professional and
judicial education is critical if there is to be full understanding of the impact of this issue.
25
A sub-issue focuses on whether, after deciding the merits of a case, the court should be
permitted to learn each litigant's settlement positions and the result of the Matrimonial Early
Settlement Panel hearing if one took place.
The Practice Committee concluded that, in deciding attorney fees, consideration should
be given to litigants, as suggested by the existing rule, to positions that had been taken. The
Practice Committee concluded that the existing rule should be amended to incorporate the
additional words "both during and prior to trial" so that Factor 3 would read, "the reasonableness
and good faith of the positions advanced by the parties both during and prior to trial." These
positions should not be made available to the Family Part before decision of the case has been
rendered.
26
R. 5:3-5
5:3-5. Attorney fees and retainer agreements in civil family actions; withdrawal
(a) Retainer Agreements. . . . no change.
(b) Limitations on Retainer Agreements. . . . no change.
(c) Award of Attorney Fees. Subject to the provisions of R. 4:42-9(b), (c), and (d), the court
in its discretion may make an allowance, both pendente lite and on final determination, tobe paid
by any party to the action, including, if deemed to be just, any party successful in the action, on
any claim for divorce, nullity, support, alimony, custody, parenting time, equitable distribution,
separate maintenance, enforcement of interspousal agreements relating to family type matters
and claims relating to family type matters in actions between unmarried persons. A pendente lite
allowance may include a fee based on an evaluation of prospective services likely to be
performed and the respective financial circumstances of the parties. The court may also, on good
cause shown, direct the parties to sell, mortgage, or otherwise encumber or pledge marital assets
to the extent the court deems necessary to permit both parties to fund the litigation. In
determining the amount of the fee award, the court should consider, in addition to the
information required to be submitted pursuant to R. 4:42-9, the following factors: (1) the
financial circumstances of the parties; (2) the ability of the parties to pay their own fees or to
contribute to the fees of the other party; (3) the reasonableness and good faith of the positions
advanced by the parties both during and prior to trial; (4) the extent of the fees incurred by both
parties; (5) any fees previously awarded; (6) the amount of fees previously paid to counsel by
each party; (7) the results obtained: (8) the degree to which fees were incurred to enforce existing
orders or to compel discovery; and (9) any other factor bearing on the fairness of an award.
27
(d) Withdrawal from Representation. . . . no change.

Note: Adopted January 21, 1999 to be effective April 5, 1999; paragraph (b) amended
July 5, 2000 to be effective September 5, 2000; new paragraph (a)(10) adopted, and paragraphs
(d)(1) and (d)(2) amended July 28, 2004 to be effective September 1, 2004; paragraph (c)
amended __________________ to be effective _________________.

28
I. Proposed Amendment to R. 5:4-2(g) - Complaint
Discussion
Clarify the intent of R. 5:4-2(g) that the Confidential Litigant Information Sheet (CLIS) is
not to be served upon the other party
Existing R. 5:4-2(g) does not state that the CLIS was not intended to be served upon
opposing parties. The Practice Committee recommends a clarifying amendment to the existing
rule adding the phrase, "a copy thereof shall not be served upon any opposing party."

29
R. 5:4-2
Rule 5:4-2. Complaint
(a) Complaint Generally. . . . no change.
(b) Corespondent. . . . no change.
(c) Affidavit of Verification and Non-collusion. . . . no change.
(d) Counterclaim. . . . no change.
(e) Amended or Supplemental Complaint or Counterclaim. . . . no change.
(f) Affidavit or Certification of Insurance Coverage. . . . no change.
(g) Confidential Litigant Information Sheet. The first pleading of each party to any
proceeding involving alimony, maintenance or child support shall be accompanied by a
completed Confidential Litigant Information Sheet in the form prescribed in Appendix XXIV.
The form shall be provided at the time of the filing of the first pleading but shall not be affixed to
the pleadings. The information contained in the Confidential Litigant Information Sheet shall be
maintained as confidential and shall be used for the sole purposes of establishing, modifying, and
enforcing support orders. The Administrative Office of the Courts shall develop and implement
procedures to maintain the Confidential Litigant Information Sheet as a confidential document
rather than a public record. The Confidential Litigant Information Sheet shall contain a
certification consistent with R. 1:4-4(b). A copy thereof shall not be served upon any opposing
party.
(h) Affidavit or Certification of Notification of Complementary Dispute Resolution
Alternatives. . . . no change.
30

Note: Source-R. (1969) 4:77-1(a)(b)(c)(d), 4:77-2, 4:77-3, 4:77-4, 4:78-3, 5:4-1(a) (first
two sentences). Adopted December 20, 1983, to be effective December 31, 1983; paragraph
(b)(2) amended November 5, 1986 to be effective January 1, 1987; paragraphs (a)(2) and (d)
amended November 2, 1987 to be effective January 1, 1988; paragraphs (b)(2) and (c) amended
July 13, 1994 to be effective September 1, 1994; paragraph (a)(2) amended July 10, 1998 to be
effective September 1, 1998; new paragraph (f) adopted January 21, 1999 to be effective April 5,
1999; paragraph (f) caption and text amendment July 12, 2002 to be effective September 3,
2002; new paragraph (g) adopted July 28, 2004 to be effective September 1, 2004; new
paragraph (h) adopted July 27, 2006 to be effective September 1, 2006; paragraph (h) amended
October 10, 2006 to be effective immediately; paragraph (g) amended June 15, 2007 to be
effective September 1, 2007; paragraph (g) amended __________________ to be effective
_________________.

31
J. Proposed Amendments to R. 5:5-4 - Motions in family actions
Discussion
When a case information statement (CIS) is required to be filed in post-judgment motions
This issue focuses upon when a current case information statement (CIS) must be filed in
connection with pre- or post-judgment alimony and child support matters. The applicable
sentence in R. 5:5-4(a) as now drafted provides:
When a motion is brought for the modification of an Order or
Judgment for alimony and child support, the pleading filed in
support of the motion shall have appended to it a copy of the prior
Case Information Statement or Statements filed before the entry of
the Order for Judgment sought to be modified and a copy of the
current Case Information Statement.
What is missing is whether a responding or cross-moving party similarly must provide a copy of
all prior CISs, as well as a copy of a current CIS.
For the very reasons that the rule requires the filing of CISs in motions dealing with
either alimony or child support, it is evident that a responding or cross-moving party should be
required to do likewise. This rule amendment is specifically intended to make very clear that
past CISs, as well as the current CIS, must be filed at the time of the filing of the original motion
for modification and at the time of the filing of any cross-motion that seeks similar relief rather
than filed as part of the responsive pleading permitted the moving party. The problem with
permitting CISs to be filed in a third pleading is that the responding party would then not be
permitted to offer commentary thereon without leave of court. It is suggested that when alimony
or child support modification relief is sought in a motion but the required past and present CISs
have not been furnished, the motion should be returned to the movant with a letter requiring the
submission of the required CISs. Handling this situation in this manner is preferable to the likely
adjournment after the responding party has been served and discovers the deficiency in the
32
moving papers presented by the original movant. These observations and recommendation of
how such situations should be treated are referred to the Conference of Family Presiding Judges.
The Practice Committee also recommends amending R. 5:5-4(a) to be consistent with the
holding in Lepis v. Lepis, 83 N.J. 139 (1980), which provides that a moving party make a prima
facie showing of a substantial change in circumstance before the responding party need provide
current financial data.
Accordingly, the Practice Committee recommends the amendments to R. 5:5-4(a).

33
Proposed Amendment to R. 5:5-4(b) dealing with page limits
As part of the omnibus rule amendments adopted by the Supreme Court in 2000 in
response to the 1998 Final Report of the Special Committee on Matrimonial Litigation, page
limits were adopted that regulated the length of certifications filed in support of Family Part
motions. In the eight years that have intervened, issues have arisen as to whether additional
testimonial material provided as attachments may be submitted beyond the stated page limits.
Issues also have arisen from time to time as to whether the page totals control whether one or
several certifications are filed.
The text of the Special Committee's February 4, 1998 Final Report is instructive:
The Supreme Court Special Committee on Matrimonial Litigation
recommends that certifications in support of a notice of motion
shall contain a total of no more than fifteen pages; that
certifications in answer to a notice of motion and/or in support of a
notice of cross-motion shall contain a total of no more than twenty-
five pages; and that certifications in response to opposing
pleadings shall contain a total of no more than ten pages. The
Committee finds that the page limits recommended provide a
reasonable number of pages for a litigant to present their
information.
To aid the bar in understanding the recommendation contained
herein, the page totals control whether one or several certifications
are filed. For example, counsel might choose to submit either one
certification consisting of fifteen pages or two certifications having
a total of fifteen pages. Exhibits attached to certifications are not
included within the page totals.
Although few will question that it is frequently more difficult to
present factual information succinctly, requiring page limits will
aid the system by curtailing what some view as the torrent of
rhetoric often presented in Family Part motions.
Accordingly, the Special Committee made clear that the page totals were to control
whether one or several certifications were filed.
34
The Special Committee's Report did not clearly answer the question of whether
testimonial exhibits appended to certifications were to count against the permitted page limits.
The Practice Committee has concluded that excluding certifications containing additional
testimony from the page count would negate the purpose of the page limit rule.
The Practice Committee concluded that it was the Special Committee's intent to include
within the page limits any testimonial materials whether in the form of a certification, an
affidavit, or anything else in which an individual is providing testimony to the court. For
example, if appended to a certification is an exhibit that includes brief statements, whether
certified or not, from third parties intended to support the testimony contained within the
certification or certifications filed in compliance with the rule, the rule would be circumvented.
The page limits were not, however, intended to apply to documents that counsel or a
litigant might deem appropriate to submit to the court. For example, if counsel or a litigant
determined it was necessary to provide credit card statements, tax returns, copies of deeds, or
other materials directly related to the subject matter of the certification, such documents would
not fall within the page limit requirements.
In order to foster consistency of interpretation of these requirements, the Practice
Committee recommends amending R. 5:5-4(b).
It is further noted that the Supreme Court adopted R. 5:5-4(g) in 2000 to address exhibits.

35
Notice to Litigants - Requirement to serve two copies of motions, cross-motions,
certifications and briefs (Technical Change)
In 2007, the Supreme Court amended R. 5:5-4(c) to require parties to serve two copies of
all motions, cross-motions, certifications, and briefs. This provision was adopted to assist
attorneys in providing the papers to their clients as expeditiously as possible. The Practice
Committee proposes a technical amendment to R. 5:5-4(d) to indicate in the Notice to Litigants
that two copies of all motions, cross-motions, certifications, and briefs must be served on the
opposing party. This rule recommendation ensures that R. 5:5-4(d) is consistent with R. 5:5-
4(c).

36
Using tabbed dividers to separate attachments to motions
Over the years, the Practice Committee has discussed practical problems that recur in
motion practice. In the last rules cycle, the Practice Committee recommended the amendment of
R. 5:5-4 to require the service of two copies of all motion pleadings because oftentimes motion
pleadings are served late on the deadline day making it difficult for a responding attorney to have
the papers copied in time to be mailed that day to the attorney's client. During the current cycle,
the Practice Committee considered a similar practical issue raised by a Family Presiding Judge.
In many cases, multiple lengthy exhibits may be attached to a certification. Often, there are no
dividers between exhibits making review of the material extremely difficult. In some instances,
the dividers were used but did not extend beyond a normal 8-1/2 by 11 inch sheet of paper.
Although the Practice Committee believes that as a courtesy to the Bench and Bar, litigants
should use dividers for ease of reference, it is not uncommon for dividers not to be employed.
Although the Practice Committee believes that the Civil Practice Committee should
consider this rule amendment for application to proceedings governed by Part IV of the Rules of
Court, doing so goes beyond the charge of the Family Practice Committee. Recognizing that
Family Part motions often prompt lengthy certifications, a differentiation that justified the
adoption of page limits in Family Part matters when comparable limits have not been imposed
upon civil matters, it is recommended that the following language should be inserted at the end
of R. 5:5-4(g): "All exhibits shall be differentiated from the text of a certification or affidavit by
the use of labeled dividers before each exhibit. Each divider shall extend beyond the 8-1/2 inch
by 11 inch size of the paper."

37
R. 5:5-4
5:5-4. Motions in Family Actions
(a) Motions. Motions in family actions shall be governed by R. 1:6-2(b) except that, in
exercising its discretion as to the mode and scheduling of disposition of motions, the court shall
ordinarily grant requests for oral argument on substantive and non-routine discovery motions and
ordinarily deny requests for oral argument on calendar and routine discovery motions. When a
motion is brought for enforcement or modification of a prior order or judgment, a copy of the
order or judgment sought to be enforced or modified shall be appended to the pleading filed in
support of the motion. When a motion or cross-motion is brought for the entry or modification of
an order or judgment for alimony or child support based on changed circumstances, the pleading
filed in support of the motion shall have appended to it a copy of the prior [Case Information
Statement or Statements] case information statement or statements filed before entry of the order
or judgment sought to be modified and a copy of a current [Case Information Statement] case
information statement, and the pleading filed in opposition to entry of such an order also shall
have appended to it a copy of all prior case information statements filed before the entry of the
order or judgment sought to be modified, and provided that the moving party has demonstrated a
prima facie showing of a substantial change of circumstances, a copy of a current case
information statement.
(b) Page Limits. Unless the court otherwise permits for good cause shown and except for the
certification required by R. 4:42-9(b) (affidavit of service), [a certification] all certifications in
support of a motion shall not exceed a total of fifteen pages. [A certification] Certifications in
opposition to a motion or in support of a cross-motion or both shall not exceed a total of twenty-
38
five pages. [A reply certification] Reply certifications to opposing pleadings shall not exceed a
total of ten pages.
(c) Time for Service and Filing. . . . no change
(d) Advance Notice. Every motion shall include the following language: "NOTICE TO
LITIGANTS: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN
WRITING. This written response shall be by affidavit or certification. (Affidavits and
certifications are documents filed with the court. In either document the person signing it swears
to its truth and acknowledges that they are aware that they can be punished for not filing a true
statement with the court. Affidavits are notarized and certifications are not.) If you would also
like to submit your own separate requests in a motion to the judge you can do so by filing a
cross-motion. Your response and/or cross-motion may ask for oral argument. That means you
can ask to appear before the court to explain your position. However, you must submit a written
response even if you request oral argument. Any papers you send to the court must be sent to the
opposing side, either to the attorney if the opposing party is represented by one, or to the other
party if they represent themselves. Two copies of all motions, cross-motions, certifications, and
briefs shall be sent to the opposing side.
"The response and/or cross-motion must be submitted to the court by a certain date. All
motions must be filed on the Tuesday 24 days before the return date. A response and/or cross
motion must be filed fifteen days (Thursday) before the return date. Answers or responses to any
opposing affidavits and cross-motions shall be served and filed not later than eight days
(Thursday) before the return date. No other response is permitted without permission of the
court. If you mail in your papers you must add three days to the above time periods.
39
"Response to motion papers sent to the court are to be sent to the following address: ............. .
Call the Family Division Manager's office (..............) if you have any questions on how to file a
motion, cross-motion or any response papers. Please note that the Family Division Manager's
office cannot give you legal advice."
(e) Tentative Decisions. . . . no change
(f) Orders on Family Part Motions. . . . no change
(g) Exhibits. Exhibits attached to certifications shall not be counted in determining compliance
with the page limits contained in this Rule. Certified statements not previously filed with the
court shall be included in page limit calculation. All exhibits shall be differentiated from the text
of a certification or affidavit by the use of labeled dividers before each exhibit. Each divider
shall extend beyond the 8-1/2 inch by 11 inch size of the paper.
Note: Source-R. (1969) 4:79-11. Adopted December 20, 1983, to be effective December
31, 1983; amended November 2, 1987 to be effective, January 1, 1988; former rule amended and
redesignated paragraph (a) and paragraph (b) adopted June 29, 1990 to be effective September 4,
1990; paragraph (b) amended and paragraph (c) adopted June 28, 1996 effective as of September
1, 1996; captions of paragraphs (a) and (b) amended and paragraph (d) adopted July 10, 1998 to
be effective September 1, 1998; new paragraph (b) added and former paragraphs (b), (c), and (d)
redesignated as paragraphs (c), (d), and (e) January 21, 1999 to be effective April 5, 1999;
paragraph (d) amended July 5, 2000 to be effective September 5, 2000; new paragraph (f) added
July 12, 2002 to be effective September 3, 2002; paragraphs (c) and (d) amended, and new
paragraph (g) adopted July 28, 2004 to be effective September 1, 2004; paragraphs (c) and (d)
amended June 15, 2007 to be effective September 1, 2007; paragraphs (a), (b), (d) and (g)
amended ________________ to be effective ________________.

40
K. Proposed Amendment to R. 5:5-6 - Participation in Mandatory Post-
MESP Mediation or in a Mandatory Post-MESP Complementary
Dispute Resolution Event
Discussion
Amend R. 5:5-6 to remove reference to Appendix XIX because the Economic Mediation
Pilot concluded and the appendix was deleted on February 6, 2007 (Technical Change)
Both R. 1:40-5(b) and R. 5:5-6 contain references to Appendix XIX, which did not
appear in the 2008 Rules of Court but did appear in the 2007 Rules of Court. It is recommended
that, as a technical change, reference to Appendix XIX in R. 5:5-6 should be deleted, so that the
sole reference is to R. 5:5-6, which was adopted on September 1, 2006 and created a "post-
MESP Complementary Dispute Resolution (CDR) event." Accordingly, it is suggested that R.
5:5-6 should read as follows.

41
R. 5:5-6
5:5-6. Participation in Mandatory Post-MESP Mediation or in a Mandatory Post-MESP
Complementary Dispute Resolution Event
Each vicinage shall establish a program for the post-Matrimonial Early Settlement Program
("MESP") mediation of the economic aspects of divorce [consistent with the procedures set forth
in Appendix XIX]. In any matter in which a settlement is not achieved at the time of the MESP,
an order for mediation or other post-MESP Complementary Dispute Resolution ("CDR") event
shall be entered. The order shall provide that the litigants may select a mediator from the
statewide-approved list of mediators or select an individual to conduct a post-MESP CDR event.
Litigants shall be permitted to select another individual who will conduct a post-MESP
mediation event, provided such selection is made within seven days.
Unless good cause is shown why a particular matter should not be referred to this post-
MESP program, litigants shall be required to participate in the program for no more than two
hours, consisting of one hour of preparation time by the mediator or other individual conducting
the alternate CDR event and one hour of time for the mediation or other CDR event.
Participation after the first two hours shall be voluntary.
Note: Adopted July 27, 2006 to be effective September 1, 2006; amended
__________________ to be effective _________________.
42
L. Proposed Amendment to R. 5:5-10 - Default, Notice for Final
Judgment
Discussion
Rename Notice of Equitable Distribution
The Practice Committee's attention was directed to the terms of R. 5:5-10, currently
captioned, "Default; Notice for Equitable Distribution, Alimony, Child Support and Other
Relief." The inquiry came in the form of a copy of correspondence dated March 22, 2007 from a
Family Presiding Judge to Family Practice Committee Chair Judge Serpentelli that referenced a
recommendation made by the Morris/Sussex Vicinage Liaison Committee. The Liaison
Committee suggested that the existing rule should be amended to rename the Notice required to
be filed and served in those cases where equitable distribution, alimony, child support, and other
relief are sought and a default has been entered.
The Practice Committee recommends a rule change to re-title the Notice with a new and
more generic title. Often, following default, substantive relief is sought that might go beyond the
relief mentioned in the current title. The relief sought might be as varied as the needs of each
family.
The Practice Committee recommends a rule change that would adopt a new name for the
document to be the "Notice of Proposed Final Judgment." The Practice Committee concluded
that the form would be more appropriately so entitled because other forms of relief beyond those
contained in the current title might be sought at the time of final hearing. Rather than lengthen
the title of each form, it is better that the form be generically titled a "Notice of Proposed Final
Judgment." Accordingly, the Practice Committee recommends that the rule's title and body
should read as follows:
43
R. 5:5-10
5:5-10. Default, Notice for Final Judgment
In those cases where equitable distribution, alimony, child support and other relief are
sought and a default has been entered, the plaintiff shall file and serve on the defaulting party, in
accordance with R. 1:5-2, a Notice of [Application for Equitable Distribution, Alimony, Child
Support and Other Relief] Proposed Final Judgment ("Notice"), not less than 20 days prior to the
hearing date. The Notice shall include the proposed trial date, a statement of the value of each
asset and the amount of each debt sought to be distributed and a proposal for distribution, a
statement as to whether plaintiff is seeking alimony and/or child support and, if so, in what
amount, and a statement as to all other relief sought including a proposed parenting time
schedule where applicable. Plaintiff shall annex to the Notice a completed and filed Case
Information Statement in the form set forth in Appendix V of these Rules. When a written
property settlement agreement has been executed, plaintiff shall not be obligated to file such a
Notice. When the summons and complaint have been served on the defendant by substituted
service pursuant to R. 4:4-4, a copy of the Notice shall be filed and served on the defendant in
the same manner as the summons and complaint or in any other manner permitted by the court,
at least twenty (20) days prior to the date set for hearing. The Notice shall state that such Notice
can be examined by the defendant during normal business hours at the Family Division
Manager's office in the county in which the Notice was filed. The Notice shall provide the
address of the county courthouse where the Notice has been filed. Defaults shall be entered in
accordance with R. 4:43-1, except that a default judgment in a Family Part matter may be entered
without separate notice of motion as set forth in R. 4:43-2.
Note: Former Rule 5:5-2(e), adopted as Rule 5:5-10 June 15, 2007 to be effective
September 1, 2007; amended __________________ to be effective _________________.
44
M. Proposed Amendment to R. 5:6B - Cost-of-living adjustments for
child support orders
Discussion
R. 5:6B Cost-of-Living Adjustments for Child Support Orders and R. 5:7-4(e)(7) Triennial
Review and Adjustment of Child Support Orders (N.J.S.A. §2A:17-56.9a) and 42 U.S.C.
§666
The Practice Committee reviewed the Cost-of-Living Adjustment (COLA) rule and the
state and federal statutes governing review and adjustment of child support orders. The Practice
Committee discussed the relationship between the COLA, the state triennial review and
adjustment statute (N.J.S.A. 2A:17-56.9a) and the federal laws and regulations governing
periodic review and adjustment of child support orders. Federal laws requiring the states to
implement procedures for three-year review of support orders apply only to orders entered under
Title IV-D of the federal Social Security Act. Pursuant to N.J.S.A. 2A:17-56.9a, the state IV-D
agency or its designee is required to review public assistance cases every three years; non-public
assistance cases undergo review at the request of a party.
The 1998 amendment to N.J.S.A. 2A:17-56.9a, in conjunction with the adoption of the
COLA rule (R. 5:6B) that same year, eliminated the right to an in-court triennial review as of
right, but continued the administrative right to a triennial review as part of the Title IV-D
services required to be offered by the State.
Although notices are routinely sent to parties advising them of the right to a triennial
review in Title IV-D cases, few exercise the option. Once a party submits a request for a
triennial review, the Title IV-D agency collects income information from various sources and
recalculates child support pursuant to the child support guidelines. Pursuant to N.J.A.C. 10:110-
14.2, before a new order can be entered, there must be at least a 20% change in the order.
45
Rule 5:6B provides for the biennial cost of living adjustment of all child support orders
based upon the consumer price index. The adjustment occurs automatically, without the need to
show a change of circumstances. The rule, as currently written, applies to all orders entered,
modified or enforced on or after September 1, 1998.
Child support cases not subject to a COLA could only be modified as the result of either
the triennial review process or by modification under a Lepis application. The Practice
Committee found that a significant number of child support cases are currently in the state Title
IV-D system and are not currently eligible for the COLA because the support orders were last
entered, modified or enforced prior to September 1, 1998. Although these cases are eligible for
triennial review, they have not been reviewed in many years (and in some cases, never).
Consequently, these orders have not kept pace with changes in the cost of living and are
inappropriately low. Expansion of the COLA rule to include these cases would, at the very least,
allow unchanged pre-September 1, 1998 cases to receive an automatic adjustment every two
years. Although the amount of the adjustment in most cases would not be substantial,
nonetheless this adjustment would be more than many cases otherwise would get.
The Practice Committee recommends that the rule be amended to apply to all active child
support cases, including those entered, modified or enforced prior to September 1, 1998, as set
forth below.

46
R. 5:6B
5:6B. Cost-of-living adjustments for child support orders
(a) All orders and judgments that include child support entered, modified, or enforced on or
after [the effective date of this rule] September 1, 1998 shall provide that the child support
amount will be adjusted every two years to reflect the cost of living.
(b) Orders and judgments that include child support entered, modified, or enforced on or
before August 31, 1998 shall be prospectively subject to adjustment every two years to reflect
the cost of living.
(c) The cost-of-living adjustment shall be based on the average change in the Consumer Price
Index for the metropolitan statistical areas that encompass New Jersey and shall be compounded.
(d) Before a cost-of-living adjustment is applied, the parties shall be provided with notice of
the proposed adjustment and an opportunity to contest the adjustment within 30 days of the
mailing of the notice. An obligor may contest the adjustment if the obligor's income has not
increased at a rate at least equal to the rate of inflation as measured by the Consumer Price Index
or if the order or judgment provides for an alternative periodic cost-of-living adjustment. [Either
party may contest the cost-of-living adjustment and may request that the Appendix IX child
support guidelines be applied to adjust the amount of child support to be paid. The application of
the child support guidelines shall take precedence over cost-of-living adjustments.] A cost-of-
living adjustment shall not impair the right of either parent to apply (1) to the court for a
modification of support provisions of the order or judgment based on changed circumstances, or
(2) to the State IV-D agency or its designee for a three-year review of a Title IV-D child support
order, without the need to show changed circumstances.
47
(e) The forms and procedures to implement cost-of-living adjustments shall be prescribed by
the Administrative Director of the Courts.
Note: Adopted July 10, 1998, to be effective September 1, 1998; amended
_____________ to be effective _______________.

48
N. Proposed Amendment to R. 5:12-4(g), 5:13-1 and 5:21-4
Discussion
Creation of Department of Children and Families (Technical Change)
Pursuant to P.L. 2006, c.47, the child welfare activities within the "Department of Human
Services" were moved to the new "Department of Children and Families." This law requires
technical changes to R. 5:12-4(g), 5:13-1 and 5:21-4.
49
R. 5:12-4
5:12-4. Case Management Conference, Hearings, or Trial
(a) Prompt Disposition; Case Management Conference; Adjournments. . . . no change
(b) Hearings in Private; Testimony of Child. Hearings and trials shall be conducted in private.
. . . no change
(c) Examinations and Investigations. . . . no change
(d) Reports. . . . no change
(e) Written Plan. . . . no change
(f) Progress Reports. . . . no change
(g) Foreign State Placement. In any case in which the court orders or plans to order that a child
be placed with a person or agency or institution in another State, the District of Columbia, or the
U.S. Virgin Islands, it shall act in compliance with the Interstate Compact on the Placement of
Children, as adopted in New Jersey, N.J.S.A. 9:23-5 et seq. (the Compact). The Administrative
Director of the Courts, in coordination with the Commissioner of the Department of [Human
Services] Children and Families, as the duly designated public authority responsible for
compliance with the Compact, may establish such guidelines and procedures as are necessary to
ensure that all actions subject to the Compact are in compliance therewith.
(h) Permanency Hearing. . . . no change
(i) Notice of Proceedings to Care Giver. . . . no change
Note: Source-R. (1969) 5:7A-4. Adopted December 20, 1983, to be effective December
31, 1983; paragraphs (e) and (f) adopted November 5, 1986 to be effective January 1, 1987;
paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a)
and (b) amended June 28, 1996 to be effective September 1, 1996; paragraph (g) adopted July
10, 1998 to be effective September 1, 1998; new paragraphs (h) and (i) adopted July 5, 2000 to
be effective September 5, 2000; paragraph (a) amended July 28, 2004 to be effective September
1, 2004; note that Appendix X-A previously referenced in paragraph (a) also deleted July 28,
2004 to be effective September 1, 2004; paragraph (d) amended, and captions added to
50
paragraphs (e), (f), and (g) June 15, 2007 to be effective September 1, 2007; paragraph (g)
amended _____________________ to be effective _____________________.

51
R. 5:13-1
5:13-1. Definitions
The definitions contained in the Child Placement Review Act (N.J.S. 30:4C-50 et al.) apply to
this rule. The term "act" as used in this rule means the Child Placement Review Act. The term
"board" as used in this rule means a child placement review board established under the act. The
term "court" as used in this rule means the Superior Court, Chancery Division, Family Part in the
child's county of supervision. The term "division" as used in this rule means the Division of
Youth and Family Services of the Department of [Human Services] Children and Families.
Note: Source-R. (1969) 5:7B(a). Adopted December 20, 1983, to be effective December
31, 1983; amended November 5, 1986 to be effective January 1, 1987; amended
_____________________ to be effective _____________________.

52
R. 5:21-4
5:21-4. Place of detention or shelter care
No juvenile shall be placed in detention or shelter care in any place other than that specified by
the State Juvenile Justice Commission or Department of [Human Services] Children and
Families as provided by law. No juvenile shall be detained or placed in any prison, jail, lockup,
or police station. If however, no other facility is reasonably available and if a brief holding is
necessary to allow the release of the juvenile to the juvenile's parent, or guardian, or other
suitable person, or approved facility, a juvenile may be held in a police station in a place other
than one designed for the detention of prisoners and apart from any adult charged with or
convicted of crime. Nor shall a juvenile be placed in a detention facility which has reached its
maximum population capacity as determined by the Juvenile Justice Commission.
Note: Source-R. (1969) 5:8-6(a). Adopted December 20, 1983, to be effective December
31, 1983; amended July 13, 1994 to be effective September 1, 1994; amended July 10, 1998 to
be effective September 1, 1998; amended _____________________ to be effective
_____________________.

53
O. Proposed Amendment to R. 5:13-4 and Deletion of Appendix XV -
Initial Court Order
Discussion
Deleting Reference to Initial Court Order in R. 5:13-4 and Deleting Appendix XV
This recommendation relates to the necessity of Appendix XV, Initial Court Order for
child placement cases and related R. 5:13-4. Since its first publication, this model order has been
revised and promulgated through the Office of the Administrative Director of the Courts. Most
recently, the order was revised in May 2005. The Practice Committee believes that this method
of promulgating revisions through the Administrative Director's Office is appropriate.
Therefore, the Practice Committee recommends deleting Appendix XV and removing any
reference to Appendix XV in R. 5:13-4. Appendix XV has never been amended since its
adoption in 1983. The Practice Committee believes that this technical change to the rules is
consistent with the current practice of promulgating Children in Court forms of order.

54
R. 5:13-4
5:13-4. Initial court determination
The court, within 15 days following receipt of the notice of the initial placement pursuant to a
voluntary agreement, shall make a determination in the manner prescribed by the act including a
determination as to whether or not reasonable efforts have been made to prevent the placement,
which determination shall be entered as an order in the form [set forth in Appendix XV of these
rules or in such other form as the court may direct] prescribed by the Administrative Director of
the Courts. The court shall give a copy of the notice of placement to the division, the child, the
parents or legal guardian and such other persons or agencies which the court determines have an
interest in or information relating to the welfare of the child, which may include the temporary
caretaker. If the court schedules a hearing it shall provide written notice thereof in the manner
prescribed by the act.

Note: Source-R. (1969) 5:7B(d). Adopted December 20, 1983, to be effective December
31, 1983; amended July 13, 1994 to be effective September 1, 1994; amended ______________
to be effective ______________.


55
Appendix XV - Initial Court Order, R. 5:13-4
[Appendix XV Initial Court Order]
Appendix XV deleted _________________ to be effective __________________.

56
P. Proposed Amendment to R. 5:25-3 - Child Support Hearing Officers
Discussion
Time to request Child Support Hearing Officer Appeals
The Conference of Family Presiding Judges, through a memorandum dated May 15,
2006, from Philip S. Carchman, J.A.D., then Acting Administrative Director of the Courts, asked
the Family Practice Committee to consider and recommend an amendment to R. 5:25-3 to clarify
that parties not requesting a hearing de novo before a judge at the conclusion (or within a 24 hour
period) of a hearing officer proceeding must file a motion if further relief is to be considered.
The current rule provides that "[f]ailure to request a de novo hearing does not bar a motion for a
new trial pursuant to Rule 4:49 or a motion for Relief from Judgment pursuant to Rule 4:50." R.
5:25-3(d)(2). The Conference felt that, since hearing officer proceedings are summary matters,
reference to R. 4:49 is not applicable, and that parties seeking relief from a hearing officer
determination should be directed to file under Rule 4:50. Accordingly, the Conference suggested
that R. 5:25-3(d)(2) be amended as follows:
A party not accepting a recommendation entered by the Child
Support Hearing Officer shall be entitled to an immediate appeal of
the recommendation to the Presiding Judge of the Family Part or a
Judge designated by the Presiding Judge who shall conduct a
hearing forthwith. Failure to request [a de novo] an appeal on the
day of the hearing does not bar a motion for [a new trial pursuant
to Rule 4:49 or a motion] Relief from Judgment pursuant to Rule
4:50.
The Practice Committee agreed with the Conference's suggestion to amend R. 5:25-3 in
order to provide clarification for parties seeking relief after a hearing officer recommendation
becomes ratified, but felt that there should be no reference to a specific rule under which a party
must file. The Practice Committee recommends the following amendment to the Rule.

57
R. 5:25-3
5:25-3. Child Support Hearing Officers
(a) Appointment. . . . no change
(b) Jurisdiction. . . . no change
(c) Duties, Powers, and Responsibilities. . . . no change
(d) Review by Presiding Judge or Designee; Appeal; Time; Record.
(1) . . . no change
(2) A party not accepting a recommendation entered by the Child Support Hearing Officer
shall be entitled to an immediate appeal of the recommendation to the Presiding Judge of the
Family Part or a Judge designated by the Presiding Judge who shall conduct a hearing forthwith.
Failure of a party to request a de novo appeal on the day of the hearing [does not bar a motion for
a new trial pursuant to Rule 4:49 or a motion Relief from Judgment pursuant to Rule 4:50.] shall
require the filing of a motion before further relief can be considered.
(3) . . . no change
(e) Service. . . . no change
(f) Standards and Guidelines. . . . no change
(g) Qualifications and Compensation. . . . no change
Note: Source-new. Adopted September 24, 1985 to be effective October 1, 1985;
paragraph (c)(12) adopted June 28, 1996 to be effective September 1, 1996; paragraph (b)(6)
amended May 25, 1999 to be effective July 1, 1999; paragraphs (c)(10) and (c)(11) amended
June 15, 2007 to be effective September 1, 2007; paragraph (d)(2) amended _____________ to
be effective _______________.

58
Q. Proposed Amendment to Appendix IX-A and Appendix IX-B - Child
Support Guidelines
Discussion
Calculating child support - Defining a child's derivative dependent benefit from the Social
Security Administration when the custodial parent is disabled
New Jersey Rules of Court, Appendix IX-A, §10.c., addresses the application of
derivative benefits to which a child may be entitled based on either parent's receipt of
government benefits including Social Security Disability. The derivative benefit, granted to the
child and paid directly to the custodial parent, is designed to replace lost earnings of the disabled
parent and is paid in addition to the parent's monthly benefit. The amount of benefit to the child
is deducted from the basic child support amount "because the receipt of such benefits reduces the
parents' contributions toward the child's living expenses (i.e., the marginal cost of the child)."
The deduction of the benefit from the basic support amount results in a significant reduction in
the obligor's obligation and, if the derivative benefit equals or exceeds the basic support amount,
eliminates the need for a child support order. Such an adjustment is equitable when the child's
benefit derives from the non-custodial parent's disability.
The custodial parent maintains his or her household income since the reduction in the
non-custodial parent's support obligation is offset by the government benefit to the child. When
the disabled parent is the custodial parent, however, the child's household loses significant
income from the parent's lost employment income in addition to a reduction or elimination of the
non-custodial parent's obligation to support the child. The effect of the deduction from the basic
support amount creates a windfall to the obligor by reducing or eliminating his or her obligation
to provide support for the child.
The Practice Committee proposes that Appendix IX-A and IX-B be amended to allow the
court, in its discretion, to disregard the deduction of the child's derivative benefit from the basic
59
child support amount in cases in which the benefit is the result of the custodial parent's disability.
A clarifying statement can be added to Appendix IX-A §10.c., sole parenting line instructions
(Line 12) and shared parenting line instructions (Line 11) of Appendix IX-B, as follows:
NOTE: There may be circumstances when the CP/PPR is the party
who is disabled and the child's share of derivative government
benefits such as Social Security Disability greatly reduces child
support at a time when the CP/PPR's personal income is also
reduced. This creates a situation where the government benefits
have the overall affect of being treated as a contribution made
entirely by the NCP/PAR which may result in an injustice to the
child. Under these circumstances, deviation from the guidelines
may be required to prevent a financial hardship in the child's
primary household due to the substantial reduction, or possible
elimination, of child support caused by the application of the
deduction allowed for government benefits against the basic child
support amount.

60
Appendix IX-A (Considerations in the Use of Child Support Guidelines) and
Appendix IX-B (Sole Parenting and Shared Parenting Worksheet Line
Instructions)
Appendix IX-A attached hereto as Attachment B.
Appendix IX-B attached hereto as Attachment C.
61
R. Proposed Amendment to Appendix X - Case Management Order
Discussion
Cite to R. 5:5-6 should be corrected to R. 5:5-7 (Technical Change)
The Practice Committee considered an issue relating to the Case Management Order form
set forth in Appendix X of the Rules of Court and referenced in R. 5:5-7. The form incorrectly
refers to R. 5:5-6 rather than R. 5:5-7, which addresses Case Management Conferences in Family
matters.
A note to the existing rule in the 2009 edition of Judge Pressler's annotated Rules
Governing the Courts of the State of New Jersey reflects that this rule had been renumbered from
R. 5:5-6 to R. 5:5-7 as the result of rule changes adopted by the Supreme Court on September 1,
2006.
The problem is in the heading of the form which appeared on page 2412 of the 2008
edition of the Pressler Rule Book that refers to: "FORM OF CASE MANAGEMENT ORDER
RULE 5:5-6."1 The technical change amends the reference to the current rule designation, R.
5:5-7.



1
A question was raised as to the accessibility of this form to the public. Some of the appendices, including
Appendix X, do not appear in their entirety in the 2009 edition of the book. These appendices are incorporated only
by reference in the book. The publisher's notes in the book provide that copies of the form may be obtained free of
charge "by fax, e-mail or regular mail" with the limitation of one copy per purchased book. These appendices,
however, are available free of charge from the Gann website. Note that the Rules of Court and all appendices are
available on the Judiciary's website - www.njcourtsonline.com.
62
Appendix X
Appendix X attached hereto as Attachment D.2


2
The attached form Case Management Order contains selections for Differentiated Case Management tracks
pursuant to requirements set forth in R. 5:1-4, effective April 5, 1999. The Judicial Council approved this form of
order as part of the Family Division Best Practices revisions to the Dissolution Operations Manual on December 11,
2003, which were promulgated by Assignment Judge memorandum dated January 5, 2004.
63
S. Proposed Amendment to Appendix XXIV - Confidential Litigant
Information Sheet
Discussion
Deleting Reference to Mother's maiden name in the Confidential Litigant Information
Sheet (CLIS) and other technical changes
By letter dated January 21, 2005, the American Civil Liberties Union of New Jersey
(NJACLU) wrote to AOC Assistant Director Harry Cassidy, expressing concern that inclusion of
the "mother's maiden name" on the Confidential Litigant Information Sheet (CN 10486) required
by R. 5:4-2(g) implicated serious privacy concerns. The NJACLU expressed the view that
inclusion of this information would not outweigh the privacy interests implicated. Thus, the
NJACLU wrote:
Even if the Courts had an independent justification to collect a
non-party's name and address, it would not outweigh the privacy
interests implicated. First, the party's mother has an interest in
maintaining her privacy. Individuals have a protected "nontrivial"
privacy interest in their home address. See Paul P. v. Verniero,
170 F.3d 396, 404 (3d Cir. 1999) ("home addresses are entitled to
some privacy protection, whether or not so required by a statute").
Regardless of the fact that the non-party's address may be publicly
available, her privacy interests are implicated when her home
address is disclosed with other information. Doe v. Poritz, 142
N.J. 1, 83 (1995). In this case, her home address, her maiden
name, and information about her child are provided - without her
consent and potentially without her knowledge.

The Practice Committee recognizes that, in all likelihood, the reason for the inclusion of
this information was to permit differentiation between obligors with the same or similar names.
After deliberation, the Practice Committee recommends that the mother's maiden name and
address be deleted from Appendix XXIV.
Additionally, a technical change is required to improve the form's user interface.
Specifically, amendments are recommended for the sections at the top of the form relating to the
following:
64

"Are You: Plaintiff or Defendant? (circle one)"
"Active Domestic Violence Order in this case? Yes or No (circle one)"
It is recommended that the form use checkboxes for these selections and that the "(circle one)"
text be replaced with "(check one)."


65
Appendix XXIV (Confidential Litigant Information Sheet)
Appendix XXIV attached hereto as Attachment E.


66
III. Proposed New Rules for Adoption
A. Proposed New R. 2:10-6 and New R. 5:12-7 - Ineffective Assistance of
Counsel Appeals
Discussion
Proposed procedures for an ineffective assistance of counsel claim in appeals from
judgment terminating parental rights
This recommendation is in response to the Supreme Court's decision of Division of
Youth and Family Services v. B.R., 192 N.J. 301 (2007). In B.R., the Court directed that
procedures should be established for ineffective assistance of counsel appeals in termination of
parental rights cases. This recommendation provides for the adoption of two new rules, R. 2:10-
6 and 5:12-7, and amendments to R. 2:9-1, supra.

67
[New] R. 2:10-6
[New] 2:10-6. Allegation of Ineffective Assistance of Counsel in Termination of Parental Rights
Cases.
In appeals from judgments terminating parental rights pursuant to N.J.S.A. 30:4C-15 et seq. in
which ineffective assistance of counsel has been alleged, the issue shall be raised in the direct
appeal of the matter below. The brief submitted by appellate counsel must set forth the factual
basis for asserting that trial counsel's performance was deficient and explain why the result
would have been different had the lawyer's performance not been deficient. In appropriate cases,
counsel shall proffer certifications or other documentary evidence to support the claim. If the
appellate court determines that a genuine issue of material disputed fact on the issue of the
representation provided by trial defense counsel is raised, the matter may be remanded to the trial
judge and proceed in accordance with R. 2:9-1(c) [amendment proposed in this
recommendation].
Note: Adopted _______________, to be effective _______________.

68
[New] R. 5:12-7
[New] 5:12-7. Claims of Ineffective Assistance of Counsel.
Claims of ineffective assistance of trial counsel shall be raised exclusively on direct appeal of a
final judgment or order. The matter shall proceed expeditiously in accordance with R. 2:9-1(c)
[amendment proposed in this recommendation] and R. 2:10-6 [new rule proposed in this
recommendation].
Note: Adopted _______________, to be effective _______________.


69
IV. Issues Considered Without Recommendation
A. Notice Period for Motion for Reconsideration
This was a carry forward issue from the 2004-2007 rules cycle. By letter dated October
17, 2005, the Practice Committee was asked to review the notice period for post-judgment
motions for reconsideration. The Practice Committee recognizes that, as a result of its 2007
recommendations, the timing of pre- and post-judgment motions were amended so that both pre-
and post-judgment motions were required to be filed with 24 days' notice rather than upon 16
and 29 days' notice respectively, as previously required. The Practice Committee concluded that
any dispute that might exist as to whether a motion for reconsideration should be regarded as
pre- or post-judgment requiring either 16 or 29 days' notice was resolved by the adoption of a
uniform 24-day notice period in 2007. Therefore, the Practice Committee makes no rule
recommendation.

70
B. Name change of a minor child during a divorce
This was a carry forward issue from the 2004-2007 rules cycle. The specific issue relates
to whether a rule amendment dealing with name change applications for children in the context
of a divorce would be either necessary or appropriate. Disputes concerning the surname of a
child were addressed in Gubernat v. Deremer, 140 N.J. 120 (1995). In that matter, the Supreme
Court applied the best interest of the child standard to this issue and further applied a
presumption in favor of the custodial parent to the facts then present. Thus, Justice Stein wrote:
We do not accept the preference that some courts accord to
paternal surnames in the context of determining the best interests
of the child. See, e.g., Bobo v. Jewell, 38 Ohio St. 3d 330, 528
N.E.2d 180, 184-85 (1988) ("We . . . refrain from defining the
best-interest-of-the-child test as purporting to give primary or
greater weight to the father's interest in having the child bear the
paternal surname."). The preservation of the paternal bond is not
and should not be dependent on the retention of the paternal
surname; nor is the paternal surname an indispensable element of
the relationship between father and child. As one author found:
"[T]his impairment of the father-child relationship had been an
assumption by the courts, and fathers had not introduced
circumstantial or scientific evidence of harm. More significantly,
children and fathers frequently testify that they would not love
each other less if the child bore a different surname." Doll, supra,
35 How.L.J. at 234 (footnote omitted); see also Seng, supra, 70
Va.L.Rev. at 1339 ("[T]his rationale for the paternal surname
presumption confuses the child's best interests with the father's
need for a symbol."). Accordingly, in resolving disputes over
surnames we apply the best-interests-of-the-child standard free of
gender-based notions of parental rights.
Id. at 141.
The presumption that the parent who exercises physical
custody or sole legal custody should determine the surname of the
child is firmly grounded in the judicial and legislative recognition
that the custodial parent will act in the best interest of the child.
Accordingly, we adopt a strong presumption in favor of the
surname chosen by the custodial parent. However, we readily
envision circumstances in which the presumption could be
rebutted. A young child who has used the non-custodial surname
for a period of time, is known to all by that surname, expresses
71
comfort with the continuation of that surname, and maintains
frequent contact with the non-custodial parent might be ill-served
by the presumption that the assumption of the custodial surname
would be in his or her best interests. Although we accord the
presumption substantial weight, it is not irrefutable.

The non-custodial parent bears the burden of demonstrating
by a preponderance of the evidence that despite the presumption
favoring the custodial parent's choice of name, the chosen surname
is not in the best interests of the child. Courts should examine
scrupulously all factors relevant to the best interests of the child
and should avoid giving weight to any interests unsupported by
evidence or rooted in impermissible gender preferences. See Bobo,
supra, 528 N.E.2d at 184-85; In re Schidlmeier, supra, 496 A.2d at
1253. The rebuttable character of the custodial-parent presumption
serves two ends: it protects the right of the custodial parent to
make decisions in the best interests of the child; and it permits
judicial intervention, on a sufficient showing by the non-custodial
parent, when that decision does not reflect the best interests of the
child. See Urbonya, supra, 58 N.D. L. Rev. at 805-06.

Id. at 144-45.

The Practice Committee has concluded that there is no need for the adoption of a rule
dealing with name changes for minors during divorce. Rather, as set forth in Gubernat, these
matters may be best addressed by the development of case law. Therefore, the Practice
Committee makes no rule recommendation.

72
C. Use of an abbreviated case information statement (CIS) to satisfy the
requirements of R. 5:5-4(a) for child support modifications
Currently, R. 5:5-4(a) requires that, when a motion is brought for enforcement or
modification of a prior Order or Judgment, a copy of the Order or Judgment sought to be
enforced or modified must be appended to the pleading filed in support of the motion and that
when a motion is brought for the modification of an Order or Judgment for alimony or child
support, a copy of the prior CIS or CISs filed before the entry of the Order or Judgment sought to
be modified and a copy a current CIS must be appended to the pleading filed in support of the
motion.
The Practice Committee was asked to address whether litigants should be permitted to
submit a less formal CIS when modifications are sought.
The Practice Committee carefully considered this issue and has concluded that the rule
should not be changed. By requiring the submission of past CISs, the existing rules assist the
court in assuring that base point information is available to the court. In the aftermath of Crews
v. Crews, 164 N.J. 11 (2000), and Weishaus v. Weishaus, 180 N.J. 131 (2004), it is particularly
important that basis information is provided, and maintaining CISs for later use should
modifications be brought has specifically been incorporated within R. 5:5-2(e) that provides as
follows:
(e) Marital Standard of Living Declaration. In any matter in which
an agreement or settlement contains an award of alimony, (1) the
parties shall include a declaration that the marital standard of living
is satisfied by the agreement or settlement; or (2) the parties shall
by stipulation define the marital standard of living; or (3) the
parties shall preserve copies of their respective filed Family Case
Information Statements until such time as alimony is terminated;
or (4) any party who has not filed a Family Case Information
Statement shall prepare Part D ("Monthly Expenses") of the
Family Case Information Statement form serving a copy thereof on
the other party and preserving that completed Part D until such
time as alimony is terminated.
73
The Practice Committee concluded that, in considering post-judgment modification and
enforcement motions, it was important that the court have the benefit of each of the schedules
incorporated within the full CIS form so that, not only income and budget information would be
available to the court in a standardized form, but also asset and liability information.
Accordingly, the Practice Committee has concluded that this issue requires no rule, directive or
referral. Therefore, the Practice Committee makes no rule recommendation.

74
D. Counsel Fees in General and for Appellate Practice
In addition to the recommendation to amend R. 5:3-5(c), supra, the Practice Committee
considered R. 5:3-5 in its entirety and the issue of counsel fees for appellate practice relating to
Family Part matters. The Practice Committee has reviewed this issue and it believes that there is
no need to adopt a rule. Therefore, the Practice Committees makes no additional rule
recommendations at this time.

75
E. Parental Alienation
A letter dated March 23, 2007, from an attorney requested an assessment of parental
alienation and whether it is being unfairly used by parents with resources and access to the legal
system as a means by which to continue to harass and oppress the other parent. The writer
posited that the oppressors are more often the fathers, and the oppressed the mothers and
children. The writer expressed a need for continued training for judges, parent coordinators and
experts on the potential misuse of this 'phenomenon' (which she said was not recognized by the
American Psychiatric Association) to punish mothers for merely doing what they can to protect
their children from real risk.
The Practice Committee does not agree with the suggestion in the letter that there must be
a creation of "concrete and consistent criteria before one parent who is accused of alienating
another has imposed court sanctions."
The letter writer characterized parental alienation as a "syndrome" and "phenomenon"
and accurately set forth that neither were recognized by the American Psychiatric Association.
The Diagnostic and Statistical Manual of Mental Disorders (DSM) is published by the American
Psychiatric Association and provides diagnostic criteria for mental disorders. DSM-IV, the
fourth revision to the DSM, does not recognize parental alienation as a "Syndrome" (PAS).
There is a great body of literature about parental alienation. Dr. Richard Gardner was a principle
advocate of parental alienation being characterized as a syndrome. Dr. Gardner, now deceased,
wrote a book entitled, "The Parental Alienation Syndrome." Dr. Gardner opined that he had
observed behavior in divorced family situations that justified the diagnosis of "syndrome" to
describe alienating behavior by one parent or another in some divorcing families. Dr. Gardner
was a controversial expert who sought to take credit for a phenomenon he believed he had
discovered and that he wanted classified as a syndrome.
76
Judge and attorney members of the Practice Committee agreed that they have not
encountered any situations that supported the theory of the writer regarding judges, in effect,
being manipulated and duped by false claims of alienation. Members agreed that judges are able
to distinguish and make the appropriate findings about the causation of certain behavior and its
resulting impact on relationships between parents and children.
The Practice Committee recognizes that, in a divorce, children may align themselves with
one parent or another. Moreover, it is the Practice Committee's common experience that, in
many divorce cases, one parent or another may have some conscious or subconscious influence
on the other parent's relationship with a child or children.
The Practice Committee believes that judges receive education and should continue to be
educated regarding issues pertaining to true and false allegations of alienating parental behavior
and the impact that parental conduct and anger may have on a child's relationship with the other
parent. The Practice Committee believes that judges strive to maintain relationships between the
children and each of the parents in divorce situations. The Practice Committee does not believe,
however, that specific criteria must be defined or conditions precedent to be set in order for a
court to find that alienation is occurring and that one parent is inappropriately and adversely
affecting the relationship between the children and the other parent. The Practice Committee
believes that judges must use their fact finding skills to make determinations about what is best
for children and, in that regard, must be aware of all circumstances and factors that affect the
child's interactions with each of the parents. The Practice Committee believes that more focus
should be placed on judicial education with respect to this issue.
Moreover, it is the Practice Committee's view that this topic does not lend itself to
creation of a court rule. Any litigant can accuse any other litigant of any conduct, action
77
behavior or motivation. The court must sort it out factually with the aid of experts, if necessary.
Courts must determine whether a parent is acting inappropriately with respect to influencing a
child's relationship with the other parent and a court should determine the remedies to be
employed in the event an adverse finding is made. These issues are fact sensitive and vary from
case to case. What may be alienating in one family may not be alienating in another. There is
enough dispute and controversy about this topic that each case must be judged on its own merits
based on the expertise available to provide insight and guidance on a case by case basis to the
trier of fact.
Therefore, the Practice Committee makes no rule recommendation.
78
F. Evaluate systemic pressure to settle domestic violence cases
A letter dated March 23, 2007, from an attorney suggested that the system to handle
domestic violence cases pressures litigants to settle these matters. The Practice Committee has
reviewed the court procedures for processing domestic violence cases. Standard operating
procedures do not foster or approve of practices that would culminate in pressure on either the
plaintiff or defendant to settle a domestic violence case. Furthermore, mediation of domestic
violence cases is expressly prohibited by N.J.S.A. 2C:25-29(a). Current judicial training
expressly provides that the court should never put pressure on litigants to settle domestic
violence cases. If there are specific incidents of this occurrence, it should be brought to the
attention of the Family Presiding Judge in the vicinage in question. The Practice Committee
does not believe the issue requires further action. Therefore, the Practice Committee makes no
rule recommendation.

79
G. Child support - Entering the judgment and credit reporting
immediately upon establishment of the child support case
Correspondence from an attorney dated April 3, 2007 expressed concern with
"Probation's hyper-vigilance" in the reporting of child support delinquencies to consumer credit
reporting agencies (a.k.a. credit bureaus).3 The attorney acknowledged that the law requires this
information to be reported; nonetheless, he seeks the Court's assistance in fashioning a remedy,
presumably by court rule, which would not allow a Probation account to be established for at
least 30 days before the delinquency would be reported. According to the writer, this would
allow the obligor to satisfy the arrears before his or her credit rating is adversely affected.
The federal Personal Responsibility and Work Opportunity Reconciliation Act
(PRWORA) requires the States, as a condition of receiving federal funds, to institute measures to
report periodically unpaid child support to credit bureaus. The law requires that States provide
the non-custodial parent with due process. It permits reporting only to recognized consumer
credit reporting agencies. The information that must be reported includes the name of the
delinquent non-custodial parent and the amount of the child support arrears.
Consumer reporting agencies are defined by 15 U.S.C. § 1681a(f) as follows:
any person which, for monetary fees, dues, or on a cooperative
nonprofit basis, regularly engages in whole or in part in the
practice of assembling or evaluating consumer credit information
or other information on consumers for the purpose of furnishing
consumer reports to third parties, and which uses any means or
facility of interstate commerce for the purpose of preparing or
furnishing consumer reports.
The federal Office of Child Support Enforcement (OCSE) Federal Tax Refund Offset
program provides a pre-offset notice to non-custodial parents. This notice includes a statement

3
By letter dated April 10, 2007, Frank Louis, Esq. forwarded the attorney's correspondence to Judge Serpentelli for
possible action by the Family Practice Committee.
80
warning the non-custodial parent that child support arrearages may be reported as a delinquent
debt to a consumer credit reporting agency. Credit bureau reporting primarily serves as a
valuable enforcement tool in that it encourages obligors to make timely child support payments
to avoid a negative credit rating.
Pursuant to N.J.S.A. 2A:17-56.21, the State IV-D agency is required to make available
the name of any delinquent obligor and the amount of overdue support owed by the obligor to
consumer credit reporting agencies, subject to privacy safeguards and due process. Current
practice requires that the obligor owe a minimum of $1,000 in arrears before notice of intended
credit reporting is issued; any amount of past due support, however, qualifies for notification.
Credit bureau reporting is an automated process and may occur only after an affected
obligor has been afforded all due process required by law, including notice and a reasonable
opportunity to contest the accuracy of information to be reported. All delinquent child support
accounts that are properly coded on New Jersey's Automated Child Support Enforcement System
(ACSES) and meet the eligibility criteria are included in a report. On a quarterly basis (the last
Saturday in February, May, August and November), ACSES generates a report of delinquent
obligors and this information is sent electronically to the three major consumer credit reporting
agencies (Equifax, Experian, and TransUnion). Before the end of the calendar quarter, a notice
is sent to the obligor indicating that the arrears will be reported to the consumer credit reporting
agencies, and the obligor will have the opportunity to dispute the reporting at an administrative
review. The obligor also may file a motion to stop the credit bureau reporting.
Past due child support obligations become judgments automatically by operation of law.
Generally, judgment information is stored in the Judiciary's paper and electronic records, which
are available to the public. Electronic case docket information is available to the public, through
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the Superior Court Clerk's Office in Trenton, in four ways: public access terminals, bulk reports,
computer dial-up access, and, to a limited extent, Internet posting.
Once docketed, judgment information is public information that can be obtained by
anyone. Any interested person, such as an obligee or obligee's representative, is not precluded
from obtaining information from the public record and also reporting it to the consumer credit
reporting agencies. Credit bureaus generally receive judgment information in quarterly reports,
and usually do not actively seek out this information.
The Practice Committee finds no hyper-vigilance in reporting delinquencies to consumer
credit reporting agencies. Adequate safeguards are built into the reporting system to ensure that
due process has been met. Prior to reporting information to consumer credit reporting agencies,
child support obligors are notified. Obligors are provided with the opportunity to correct errors
or to pay the arrears before any delinquencies are reported. Accordingly, the Practice Committee
recommends no rule amendment to address this issue.

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H. Model Orders to Show Cause (AOC Directive 16-05)
On November 16, 2005, Philip S. Carchman, J.A.D., then Acting Administrative Director
of the Courts, issued AOC Directive #16-05, which established uniform provisions to be
included in all orders to show cause (OTSC) used as original process. The intent of the directive
was to ensure that all orders to show cause used as initial process contain standardized and
complete information necessary for a court to act. The directive also noted that the Supreme
Court asked the respective rules committees to draft and submit proposed amendments to the
Rules of Court to include these three model forms in the appendices to the rules and also to
provide necessary references to the existence of these forms and their required use in the relevant
rules.
Pursuant to R. 5:7-5(d) and AOC Directive #5-95, in the context of child support
enforcement, the Probation Division is authorized to apply for an OTSC against a noncompliant
employer or other source of income, and to proceed with contempt proceedings to enforce payor
compliance under R. 1:10-3. In order to ensure that it is in compliance with AOC Directive #16-
05, the AOC Probation Services Division reviewed its procedures and determined that they do
not fit within the directive. Seeking procedural and operational guidance, the AOC Probation
Services Division sought additional internal AOC review and comment on the procedures and
forms.
The Practice Committee held this issue from the 2004-2007 rules cycle, and now
addresses it in the current cycle. The Probation Division enforces employer noncompliance by
OTSC in accordance with §1603 of the Probation Child Support Enforcement (PCSE)
Operations Manual, and as authorized by R. 5-7-5(d) and AOC Directive #5-95. It was
determined that the OTSC process and forms that Probation uses for employer noncompliance
with income withholding orders does not conflict with AOC Directive #16-05.
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The OTSC process and forms authorized by AOC Directive #5-95 are used only for
Probation-initiated actions against noncompliant payors. All other OTSC actions, including
those arising out of child support matters not supervised by Probation, are governed by the
provisions of AOC Directive #16-05. Accordingly, the Practice Committee recommends no
amendment to R. 5-7-5(d).

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I. Child support modification and emancipation hearings for cases
involving one obligor and multiple families
Discussion
Venue and notice requirements for serial family obligations
Over the course of several rules cycles, the Practice Committee has reviewed the
recurring issue of obligors with multiple support obligations to address the issues of venue and
equality of support orders when an obligor has cases in multiple counties. The general policies
regarding such cases are set forth in the Rules of Court, Appendix IX-A, specifically in §10,
"Adjustments to the Support Obligation, (b) Multiple Family Obligations" and in §21, "Other
Factors that May Require an Adjustment to a Guidelines Based Award." Section 21 provides
that, having "one obligor owing support to more than one family (e.g. multiple prior support
orders)," gives the court discretion to adjust a Guidelines based child support award. Appendix
IX-A, §10 (b) provides:
(b) Multiple Family Obligations. In some cases, one individual
may be obligated to pay child support to multiple families. When
the court adjudicates a case involving an obligor with multiple
family obligations, it may be necessary to review all past orders for
that individual. If the court has jurisdiction over all matters, it may
either average the orders or fashion some other equitable solution
to treat all supported children fairly under the guidelines. If
multiple orders reduce the obligor's income to an amount below
the self-support reserve, the orders should be adjusted to distribute
the obligor's available income among all children while preserving
the obligor's self-support reserve. If other jurisdiction's tribunals
ordered the obligor to pay child support for a different family, the
New Jersey court may consider that fact for the purpose of
maintaining the obligor's self-support reserve.

The above resulted from amendments in 2000 and expresses the general policy as to the court's
responsibility to the obligor with multiple obligations and the children who are the subject of the
child support orders. Venue is a pivotal issue to adjudicating these cases. The Practice
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Committee discussed whether the solution was to consolidate all the cases in one venue. There
is nothing easy in addressing serial obligor cases. The Practice Committee identified various
obstacles in modifying serial obligor cases in order to adjust the support in multiple cases:
 different venues;
 attempts to list all cases together for one hearing was often frustrating since lack
of service on one matter required all cases to be rescheduled;
 notices generated by the Family Automated Case Tracking System (FACTS) for
modification could not issue unless all matters could be heard in the county of
venue, thus requiring manual notices (Probation is unable to schedule these cases
for modification).
In the current rules cycle, the Practice Committee balanced the interests of the obligor, the
multiple families located in different counties, and court resources. The Practice Committee
found that the existing procedure (i.e., inter-vicinage communication to fashion a remedy, as
determined by the judges presiding over such matters) is sufficient to address this issue. The
Practice Committee recommends no amendment to the Rules of Court, as the courts already have
the discretion to adjust orders equitably as warranted.
The Practice Committee recognizes the benefits of advising interested parties that
application to modify child support has been filed by a party on a related case or cases. Such
information could allow interested parties to file their own applications for appropriate relief.
Such a protocol may be feasible at some future time through developing NJKiDS4 technology,
which could allow the system to identify and notice parties automatically in these situations. The
technology is not currently available and therefore the Practice Committee makes no rule
recommendation.

4
NJKiDS is the automated child support enforcement and case tracking system that will replace ACSES in the near
future.
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Whether child support guidelines technology could provide for offsets related to the other
orders to assist in the determination of the modification similar to the programming used
for establishments
With respect to addressing serial family obligations through technology, the Practice
Committee found that guidelines technology is not necessary to allow the courts to provide for
offsets related to other orders. The courts already have the discretion to enter orders that provide
for offsets. Therefore, the Practice Committee makes no rule recommendation.

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J. (1) Deviations of calculations among commercial child support
guidelines software and (2) Unavailability of the child support
guidelines software used by the courts to private litigants
By correspondence dated November 19, 2007, an attorney asked the Practice Committee
to review issues relating to child support guidelines calculation software and whether the
software used by the courts will be available to the public. The attorney expressed concerns that
differences exist in various commercial child support guidelines programs, and that the PSI web-
based application used by the Judiciary is not available to private attorneys. The AOC advised
this attorney that the differences in the results obtained from the various commercial programs
were caused by variations in the parameters entered by the users and that such differences were
not found to be significant. This issue was resolved by way of communication between the AOC
and the attorney. Further, the AOC advised the attorney that the New Jersey Department of
Human Services, Division of Family Development, was having technical problems with
providing the web-based calculator to private litigants and attorneys.
The Practice Committee makes no rule recommendation.

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K. (1) Clarification of Appendix IX personal tax withholding allowances
amended on March 11, 2008 and (2) Table limits of Appendix IX-H
By fax sent on March 26, 2008, an individual asked Richard Russell, Esq., a member of
the Practice Committee, to consider this issue. Mr. Russell communicated with the individual,
explaining that the withholding allowances were based on the federal W-4 form. After receiving
this explanation, the individual verbally withdrew his request for review. Accordingly, the
Practice Committee recommends that no further action be taken.

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L. Case information statement: Statement of Liabilities contains column
for equitable distribution that does not match the Statement of
Assets column for equitable distribution
In the Family Part CIS, under Part E, Balance Sheet of All Family Assets and Liabilities,
Statement of Assets, the third column states, "Date of purchase/acquisition. If claim that asset is
exempt, state reason and value of what is claimed to be exempt." In this column, the litigant
indicates whether a claim is made that the asset identified is exempt from equitable distribution,
and states the reason and the value of what is claimed to be exempt. Under Statement of
Liabilities section, however, a member of the Practice Committee asserted that the language in
the equitable distribution column is not the same. The Practice Committee recognizes the
difference; however, the Practice Committee believes that a rule amendment is not necessary at
this time because it would involve only one minor change to the CIS and the litigant may still
elect to provide said information on the current CIS without any change to the form.


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V. Other Recommendations
A. Whether a rule should be adopted requiring the court to advise both
litigants in an application for a restraining order under the
Prevention of Domestic Violence Act of their right to be represented
by counsel
Discussion
The Practice Committee concluded that, in applications for temporary restraining orders,
the Domestic Violence Procedures Manual, sections 4.1.3, 4.3.3 and 4.5.4 already direct staff
and the judge hearing the case to ensure that the plaintiff is advised of his or her legal rights and
options available. The Practice Committee agreed that the best practice is that both litigants be
advised of their right to obtain counsel at the start of the final hearing.
Recommendation
The Practice Committee recommends that, rather than proceed by rule making, this is a
training issue to ensure that judges handling these matters are advising litigants, and in particular
the defendants, of the right to secure private counsel.

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B. Creating Standards for Batterer Intervention Programs
Discussion
A letter dated March 23, 2007, from an attorney indicated that there are no specific
standards for batterer intervention programs in domestic violence matters. The letter noted that
the courts commingle these programs with anger management programs that do not address
anger and control. Currently, there are no specific standards regarding batterer intervention
programs. There are variants of opinion nationwide regarding the components, length of
program and nature of resources necessary to establish a functional program. Some states have
strict protocols and other states have not developed any standards for batterer programs. The
Practice Committee understands the New Jersey Coalition for Battered Women has not taken a
position concerning what, if any, formal standards should be promulgated for these programs.
Recommendation
The Practice Committee recommends that this issue should be referred to the State
Domestic Violence Working Group to determine whether there is a need for specific standards,
and if so, to propose recommendations to address this issue.

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C. Review alternate or modified models for child support guidelines and
inclusion of automobile expenses and insurance in the child support
guidelines
Discussion
The issues of reviewing other child support guidelines models and including automobile
expenses within the child support guidelines are closely related and they will be addressed
together.
Federal law requires the states to review their child support guidelines every four years
(quadrennial review). States must examine current economic data to ensure that the awards meet
the children's economic needs. States also must review child support cases and see how often
they deviate from the guidelines. New Jersey, like most states, adopted the income shares
guidelines model, in which child support is determined based on both parents' incomes. The
most common alternative to the income shares model is the percentage of income model, which
considers only the income of the non-custodial parent. Finally, a few states adopted the Melson
model, which is somewhat more complex than the others and provides a self-support reserve for
the non-custodial parent. Many states, particularly those with income shares and Melson models,
also permit certain deviations from the basic child support calculation to provide for expenses
such as health care, child care and private education.
The AOC sponsored two reports to satisfy this quadrennial review requirement: (1) "New
Jersey Economic Basis for Updated Child Support Schedule Report," dated March 30, 2004
(Economic Basis Report); and (2) "Findings from Child Support Order Case File Reviews,"
dated January 12, 2005 (File Reviews Report). The Economic Basis Report reviewed current
economic data, and applied more recent Consumer Expenditures Survey ("CEX") data than
reflected in the existing child support guidelines. Using the more recent CEX data, 2004 price
levels, and income and spending factors specific to New Jersey, the Economic Basis Report
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recommended adoption of an updated Child Support Schedule and suggested that an anomaly
exists in the self-support reserve. The File Reviews Report set out an analysis of actual New
Jersey child support cases to determine the application of and deviation from the child support
guidelines. The case file review attempted to verify that any deviation from the child support
guidelines was the exception rather than the norm.
On June 15, 2007, the New Jersey Supreme Court adopted the findings of the quadrennial
review, which resulted in significant changes in the Appendix IX-F Schedule of Child Support
Awards. Subsequent to the adoption of the revised guidelines, concerns were expressed that the
income shares model used may have been based on faulty underlying economic research and that
the underlying economic data failed to reflect true child-related expenditures, most notably in
upper income families. Thus, it was suggested that the guidelines do not accomplish the goal of
ensuring that parents, after they break up, continue to spend on their children the same
percentage of income that they would have spent if the parents were together. Consequently, the
Practice Committee considered whether the New Jersey economic data used in the quadrennial
review were accurate. The Practice Committee also considered whether New Jersey should
adopt a different guidelines model.
Recommendation
The Practice Committee recommends that expert opinions will be necessary to provide
assistance in responding to these questions. The Practice Committee, through AOC staff, has
sought the assistance of the New Jersey Department of Human Services, Division of Family
Development (New Jersey's Title IV-D agency) to determine if and when funding will be
available to conduct an extensive review of current economic data and examination of child
support guidelines models in accordance with quadrennial review. Such funding will be
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necessary to employ experts to review New Jersey's economic data to determine the most
appropriate guidelines model for this state.
As the Practice Committee has not yet received information as to the availability of
funding, the Practice Committee could not submit an out of cycle recommendation to amend the
child support guidelines methodology and structure. The Practice Committee recommends that
the Judiciary and the Division of Family Development continue to discuss the funding and
employment of experts to resolve this issue.

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D. Review of "rebuttable presumption" language in Appendix IX-A
regarding guidelines deviation and identifying expenses covered
under the Child Support Guidelines for deviation
Discussion
The Practice Committee held two related issues from the 2004-2007 rules cycle: (1)
review of "rebuttable presumption" language in Appendix IX-A of the Rules of Court, to
determine whether it should be modified to clarify when deviation is appropriate; (2) identify
expenses covered under the guidelines to give the court further guidance in determining whether
a deviation is warranted.
The Practice Committee felt that both issues are so closely related that they should be
addressed together. Child support guidelines are a rebuttable presumption when determining
support and can be disregarded or adjusted if there is a conflict with the presumptive expenses in
a particular case or if an injustice would occur through its application. Appendix IX-A, §§ 2 and
3, outlines the nature of the rebuttable presumption and the general principles for deviation.
Appendix IX-A, §21, outlines a number of factors that may require deviation or adjustment to a
guidelines based support determination. Appendix IX-A, §8, details presumed incurred expenses
captured within a guidelines calculation under the categories of housing, food, clothing,
transportation, unreimbursed heath care up to and including $250 per child per year,
entertainment, and miscellaneous items. Appendix IX-A also details how certain incurred child
rearing costs are attributed to fixed (housing), variable (food and transportation) and controlled
(the presumed responsibility of the custodial parent) expenses.
It has been suggested that the courts seldom deviate from a child support guidelines
calculation. This may be attributed to attorneys not aggressively advocating for deviation in
appropriate situations. The Practice Committee also recognizes that the bench and bar may lack
understanding of deviation factors set forth in the child support guidelines. The Practice
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Committee believes that there is sufficient language in Appendix IX-A to provide direction to
lawyers and judges to help identify family situations in which a deviation or adjustment may be
warranted and modification to the language of Appendix IX-A is not necessary.
Recommendation
The Practice Committee recommends that, rather than proceed by rule making, these
issues can best be dealt with through attorney and judicial education.



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VI. Matters Held for Consideration
A. Civil Unions
The Practice Committee has compiled a number of issues relating to civil unions. The
Practice Committee believes that these issues require extensive review and discussion.
Therefore, the Practice Committee reserves its recommendations of these issues for the next rules
cycle.

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B. Audio or video taping custody evaluations
The Practice Committee has discussed this issue extensively, but it has not concluded its
review of the issue. Therefore, the Practice Committee reserves its recommendations of these
issues for the next rules cycle.

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C. Whether eight days is sufficient time to reply to a cross motion and
whether ten pages is adequate for a reply certification to a cross
motion
An attorney questioned whether the eight days now allowed for response to a cross-
motion is sufficient and whether a 10-page limit on reply certifications is adequate particularly
when a cross-motion involves multiple subparts.
The time frame for responding to cross-motions was adopted as part of the 2007 rule
amendments now in effect that require motions to be served on 24-days' notice, responses and
cross-motions to be served on 15-days' notice and reply certifications including responses to
cross-motions to be filed eight days in advance of the motion hearing. The Practice Committee
does not recommend a review of these deadlines within the current rules cycle. The Practice
Committee refers this topic to the Conference of Family Presiding Judges for consideration
during its deliberations after at least another full year has passed.
It is noted that these issues are related to the clarifying language the Practice Committee
recommends to R. 1:6-3(b). The Practice Committee believes that these issues should be
reviewed after the Court makes a determination regarding the R. 1:6-3(b) recommendation,
supra. After the passage of a reasonable period of time, these topics should then be considered
by the Conference of Family Presiding Judges and the Practice Committee.
Therefore, the Practice Committee reserves its recommendations of these issues for the
next rules cycle.
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D. Proof of service using U.S. Postal Service website's Tracking and
Confirmation page
The United States Postal Service (USPS) website does not indicate the name of the
person who signs a return receipt (a.k.a. green card) signifying receipt of motions or other
notices sent by certified mail. The New Jersey Department of Human Services (DHS) may
address this issue, but only as to Title IV-D cases, which include summary actions or post-
judgment applications. Therefore, the Practice Committee reserves its recommendations of this
issue for the next rules cycle for a more comprehensive review.

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E. Whether R. 5:7-1 provides a determination on venue for
irreconcilable differences
An attorney contacted the Judiciary with the following statement: "R. 5:7-1 provides a
determination on venue for extreme cruelty complaints but does not provide a determination on
venue for irreconcilable differences." The Practice Committee has not completed its discussion
of this issue. Therefore, the Practice Committee reserves its recommendations of this issue for
the next rules cycle.

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F. Compensation for Mediators
It has been reported that the Supreme Court's Complementary Dispute Resolution (CDR)
Committee is now conducting a review of compensation guidelines for mediators and is
considering the establishment of procedures for mediators to obtain payment for services. The
Practice Committee reserves action on this topic until the recommendations of the CDR
Committee have been made and released. At that point, the Practice Committee recommends
that it be permitted to consider the topic.

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G. Confirming arbitrations in the Family Part
Discussion at a Practice Committee meeting suggested that the Rules of Court require
arbitrations to be confirmed in the Law Division. It was noted that, if an arbitration is held
pursuant to a Family Part case, then it should be confirmed in the Family Part. It was noted that
this issue should be addressed by the CDR Committee. The Practice Committee reserves its
recommendations of this issue for the next rules cycle and asks the Court also to refer this matter
to the CDR Committee.

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H. Child support - Electronic signatures for complaints and orders, and
amending Rules of Court relating to the implementation of a new
automated child support enforcement system
On December 2, 2008, the Supreme Court entered two orders relaxing various Rules of
Court that relate to the implementation of a new automated child support enforcement system in
New Jersey. One order addressed the electronic signatures for child support orders and
complaints. The second order related to replacing references to "ACSES," the outgoing
automated child support enforcement system. In response to these Supreme Court orders, the
Practice Committee was asked to develop conforming rule amendment recommendations.
Therefore, the Practice Committee will review the relevant Rules of Court and make
recommendations in the next rules cycle.

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I. Default Judgment
In the 2004-2007 rules cycle, the Practice Committee proposed an amendment to R. 4:43-
2 (b), Final Judgment by Default, excepting Family Part matters recognized by Part V, which
was adopted. As a result, the Practice Committee acknowledges that a Part V default rule is
warranted to address the unique practice requirements of the Family Part. The Practice
Committee did review and consider a new default rule primarily with regard to matrimonial
cases. Nonetheless, in order for the proposed default rule to address both matrimonial and non-
dissolution practices, it is recommended that this issue be carried to the next rules cycle for
further consideration. Related to this issue, the Conference of Family Presiding Judges is
developing recommendations regarding summary proceedings, and such recommendations will
be provided to the Practice Committee for its consideration in the next rules cycle.


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VII. Out of Cycle Activity
A. Public Access to Court Records
On November 29, 2007, the Special Committee on Public Access to Court Records
submitted its final report (Public Access Report) to the Supreme Court. The Special Committee
was directed to conduct a comprehensive review of the Judiciary's policies governing the public's
right to inspect and copy court records. In January 2008, the Supreme Court requested
comments to the Special Committee's report. In response, the Practice Committee devoted a
significant amount of resources and time to discussing the Special Committee's report and
providing its comments to the Supreme Court.
A substantial majority of the Practice Committee believes that Family Part records, with
limited exceptions, should be kept presumptively closed to public scrutiny subject to individual
application for opening records based upon specific criteria. The Practice Committee further
recommended that the Supreme Court provide the Practice Committee with the opportunity to
conduct a thorough review of existing Part V Rules of Court, so that appropriate amendments
and implementing rules may be drafted, and submitted to the Supreme Court.
The Practice Committee provided the following comments:
1. The Practice Committee recognized the Special Committee's R. 1:38-2 recommendation
to exempt a number of Family Part documents from public access.
. . .
f) Guardian ad litem records and reports to the extent provided
under N.J.S.A. 9:2-1;
. . .
h) Criminal, Family, and Probation Division records pertaining to
investigations and reports made for a court or pertaining to persons
either on probation or ordered to pay child support;
. . .
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t) Medical, psychiatric, psychological, and alcohol and drug
dependency records, reports, and evaluations in matters related to
child support, child custody, or parenting time determinations;
u) Domestic violence records and reports pursuant to N.J.S.A.
2C:25-33;
v) Names and addresses of victims or alleged victims of domestic
violence pursuant to N.J.S.A. 2C:25-26, and sexual offenses
pursuant to N.J.S.A. 2C:14-12;
w) Family Case Information Statements including all attachments;
x) Confidential Litigant Information Sheets pursuant to Rule 5:4-
2(g);
y) Records relating to child victims of sexual abuse pursuant to
N.J.S.A. 2A:82-46 and to N.J.S.A. 9:6-8.10a;
z) Child custody evaluations and reports pursuant to Rule 5:8-4
and N.J.S.A. 9:2-3;
aa) Child abuse and neglect records and reports pursuant to
N.J.S.A. 9:6-8.10a;
bb) Parental termination records and reports pursuant to Rule
5:12(b);
cc) Paternity records and reports, except for the final judgments or
birth certificates pursuant to N.J.S.A. 9:17-42;
dd) Child Placement Review Board records and reports pursuant
to Rule 5:13-8;
ee) Child support information received from the New Jersey
Department of Human Services pursuant to 42 U.S.C.A. section
654, and N.J.A.C. 10:110-1.7;
ff) Juvenile delinquency records and reports pursuant to Rule
5:19-2 and N.J.S.A. 2A:4A-60;
gg) Adoption records and reports pursuant to N.J.S.A. 9:3-52;
hh) Records of hearings on the welfare or status of a child, to the
extent provided under Rule 5:3-2; and
ii) Records of the Juvenile Conference Committees to the extent
provided under Rule 5:25-1.

Public Access Report at 18-20. The Practice Committee noted, however, that the list of
exempt documents cannot be sufficiently comprehensive to assure appropriate
confidentiality. The Practice Committee recommended instead deleting the above
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references in the Special Committee's R. 1:38-2 proposal, adopting a general rule
exempting Family Part records, and permitting access only to limited information that
would include docket information and published opinions. The Practice Committee
noted that the general rule should permit motions to be filed in order to open particular
records on a case by case basis based upon specific criteria to be drafted.
2. The Practice Committee recognized that court hearings should be, with limited
exceptions, open to the public.
3. The Practice Committee acknowledged the Special Committee's recommendation
regarding the posting of Family Part records on the Internet. The chart in the Public
Access Report indicated that the recommendation for the future on Internet posting
stated: "No – Not at this time. Pending analysis of civil & conviction-only docket."
Public Access Report at 51. The Practice Committee, however, expressed concerns
regarding this noncommittal recommendation.
4. The Practice Committee believes that the Public Access Report, by designating specific
Family Part records to be exempt from public access, did not consider the broad range of
pleadings and documentary evidence containing highly sensitive and confidential
information (including reference to those closed documents) that routinely come to court
in Family Part matters. The Practice Committee cited examples of documents submitted
in a Family Part case that should be exempt from public access: (a) Certifications
attached to Family Part motions, under R. 5:5.4, (b) other supporting attachments
including, but not limited to, federal and state personal and corporate income tax returns,
business documentation, and appraisals or other expert reports in tax appeal matters,
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retirement related orders, Notices for Equitable Distribution, (c) certifications relating to
children, (d) submissions to Mandatory Early Settlement Program (MESP) panels.
5. The Practice Committee acknowledged that current court staffing levels make it
impossible for court staff to redact from filed documents all exempt documents and all
references to those confidential documents. Furthermore, the Practice Committee noted
that the obligation of redacting identifiers should not be placed upon counsel. To do so
would increase the cost of divorces and prevent counsel from referring to the case
information statement or custody report, which are crucial to the legal arguments
advanced.
6. The Practice Committee expressed concerns regarding a self-represented litigant's ability
to recognize and redact the protected confidential information noted in the Public Access
Report.
7. The Practice Committee noted that, pursuant to federal law, all information related to
child support matters is confidential; particularly any information protected by Title IV-D
of the federal Social Security Act.
8. The Practice Committee recognized that there is a two tiered system of justice in that
financially advantaged litigants have access to alternate dispute resolution (ADR)
mechanisms that would allow Family Part issues to be resolved by mediators or
arbitrators and, in the process, have their matters resolved without information ever
entering the public domain. Financially disadvantaged parties, however, would be
required to use the courts because they cannot afford to use ADR services. The Practice
Committee concluded that this is inherently unfair.
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9. The Practice Committee expressed concern with regard to the public’s need to view the
unsubstantiated allegations of divorce complaints.
10. As to the public's right to observe a judge's performance of his or her duties, the Practice
Committee noted that public review of paper pleadings and judicial orders is not
necessarily the best way to determine how a judge is performing. The Practice
Committee agreed that attending a public court session in an open courtroom and
reviewing appellate and trial judges while they conduct proceedings is the most effective
method of observing judicial performance.
11. In Recommendation 3.3.2 of the Public Access Report, the Special Committee
specifically referred to the Practice Committee's Final Report of the 1990-1992 rules
cycle, where the Practice Committee had advocated for open records. The current
Practice Committee has concluded, however, that with the advent of greater access
through computers and the fear of where expanded openness might lead, the Practice
Committee's now 16-year old recommendation should be reconsidered.
12. The Practice Committee reviewed the laws and policies regarding public access to court
records in Pennsylvania, Connecticut and New York. In Philadelphia, Pennsylvania,
family court records are presumptively closed and a petition for access to court records is
required. PA Philadelphia Cty. Family LR Admin.J.Admin. Reg. 97-1. In Connecticut,
family court records are presumptively open. Nonetheless, the records may be sealed at
the discretion of the judge. See Conn. Prac. Book §25-59A and Conn. Gen. Stat. §46b-11.
Similar to Pennsylvania law, New York law regarding public access to family court
records is presumptively closed. NY CLS Family Ct Act §166.

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Committee Members and Staff
Hon. Eugene D. Serpentelli, Chair
Hon. Ellen L. Koblitz, P.J.Ch., Vice-Chair
Lesley Renee Adams, Esq.
Jane R. Altman, Esq.
Ivette Ramos Alvarez, Esq.
Johanna Antonacci, F.D.M.
Lorraine M. Augostini, Esq.
Hon. Glenn Berman, J.S.C.
Patrick J. Boyle, Esq.
Lauren Fleischer Carlton, Esq.
Laurence J. Cutler, Esq.
Hon. Louise D. Donaldson, J.S.C.
Diana Dunker, Esq.
Valerie L. Egar, Esq.
Jason D. Ferguson, Esq.
John E. Finnerty, Esq.
Thomas Fisken, Esq.
Hon. F. Lee Forrester, J.S.C.
Bonnie C. Frost, Esq.
Susan J. Gleason, Esq.
Monica C. Gural, Esq.
Stephen J. Hyland, Esq.
Lee M. Hymerling, Esq.
Hon. Eugene A. Iadanza, J.S.C.
Jennifer Lazor, Esq.
Hon. Marie E. Lihotz, J.A.D.
Frank A. Louis, Esq.
Madeline M. Marzano-Lesnevich, Esq.
Mary M. McManus-Smith, Esq.
Hon. Julio L. Mendez, P.J.F.P.
Hon. E. David Millard, P.J.F.P.
Lynn Fontaine Newsome, Esq.
Hon. Patricia B. Roe, P.J.F.P.
Richard A. Russell, Esq.
Cynthia L. Samuels, Esq.
Edward S. Snyder, Esq.
Mark H. Sobel, Esq.
Harry T. Cassidy, Asst. Director, AOC Staff
David Tang, Esq., AOC Staff





Respectfully submitted,



Hon. Eugene D. Serpentelli, Chair

Dated: January 20, 2009

112

List of Attachments
A. Complementary Dispute Resolution (CDR) - Notice to the Bar dated December 4, 2006,
R. 5:4-2(h) CDR descriptive materials and certifications
B. Appendix IX-A - Considerations in the Use of Child Support Guidelines
C. Appendix IX-B - Sole Parenting and Shared Parenting Worksheet Line Instructions
D. Appendix X - Family Part Case Management Order
E. Appendix XXIV - Confidential Litigant Information Sheet



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NOTICE TO THE BAR

DIVORCE – DISPUTE RESOLUTION ALTERNATIVES TO CONVENTIONAL LITIGATION
– DESCRIPTIVE MATERIAL REQUIRED BY RULE 5:4-2(h); CERTIFICATION FORMS


As part of the July 27 rule amendments that went into effect September 1, the
Supreme Court adopted a new paragraph in Rule 5:4-2 (“Complaint”) that requires the
first pleading of each party in a divorce action to include an affidavit or certification “that
the litigant has been informed of the availability of complementary dispute resolution
(‘CDR’) alternatives to conventional litigation, including but not limited to mediation or
arbitration, and that the litigant has received descriptive literature regarding such CDR
alternatives.” Rule 5:4-2(h) (“Affidavit or Certification of Notification of Complementary
Dispute Resolution Alternatives”). The Court recently adopted a clarifying amendment
to that paragraph, changing “descriptive literature” to “descriptive material.”

In a September 18 Notice to the Bar, I advised that the “descriptive material” was
still in the process of being developed by the Committee on Complementary Dispute
Resolution. The Committee completed its work and submitted the proposed text and
the accompanying certification forms. The Court at its October 10 Administrative
Conference approved the “descriptive material” text and the certification forms, subject
to some final editing.

That final editing having been made, attached as approved by the Supreme
Court is the “descriptive material” on dispute resolution alternatives to conventional
divorce litigation, as referenced in Rule 5:4-2(h). Also attached are the two approved
certification forms relating to the descriptive literature, one for use by self-represented
matrimonial litigants, the other by those litigants represented by counsel. The
descriptive material and certification forms should be used effective immediately.

The descriptive material and certification forms also will be published and posted
by a Notice to the Bar. Questions may be directed to Assistant Director Harry Cassidy
at 609-984-4228.

Note: The adoption of Rule 5:4-2(h) and the promulgation of the attached
descriptive material is in no way intended to indicate any change in the Court’s policy,
grounded in statutes and court rules, against mediation in any matter in which a
temporary or final restraining order has been entered pursuant to the Prevention of
Domestic Violence Act.

/s/ Philip S. Carchman

Philip S. Carchman, J.A.D.
Acting Administrative Director of the Courts
Dated: December 4, 2006
DIVORCE – DISPUTE RESOLUTION ALTERNATIVES
TO CONVENTIONAL LITIGATION*

[Text Promulgated 12/04/06 as Approved by the Supreme Court]

Resolving issues concerning your divorce can be costly and difficult. While only a judge
can actually grant a divorce, division of your property and your debts, alimony, child support,
custody and parenting time are some of the other issues that may need to be resolved. A judge
can decide all issues at trial. However, there are other ways to resolve many of the issues in your
divorce. These alternate dispute resolution methods offer greater privacy than resolving the
issues in a public trial. They also may be faster and less expensive, and may reduce the level of
conflict between you and your spouse during your divorce. You are encouraged to discuss
alternative dispute resolution with your lawyer to decide whether these alternate methods may
help you and your spouse resolve as many of the issues relating to your divorce as possible
before the matter is presented to the judge.

What follows are short descriptions of various forms of alternative dispute resolution that
may be used in divorce cases.
MEDIATION**
Mediation is a means of resolving differences with the help of a trained, impartial third
party. The parties, with or without lawyers, are brought together by the mediator in a neutral

*
This constitutes the “descriptive material” referenced in Rule 5:4-2(h) that each divorce litigant
must receive and certify as having received (using the attached certification forms).

**
Note: The adoption of Rule 5:4-2(h) and the promulgation of this descriptive material is in no
way intended to indicate any change in the Court’s policy, grounded in statutes and court rules,
against mediation in any matter in which a temporary or final restraining order has been entered
pursuant to the Prevention of Domestic Violence Act.

1
setting. A mediator does not represent either side and does not offer legal advice. Parties are
encouraged to retain an attorney to advise them of their rights during the mediation process. The
mediator helps the parties identify the issues, gather the information they need to make informed
decisions, and communicate so that they can find a solution agreeable to both. Mediation is
designed to facilitate settlements in an informal, non-adversarial manner. The court maintains a
roster of approved mediators or you can use private mediation services. The judge would still
make the final determination as to whether to grant the divorce.

ARBITRATION
In an arbitration proceeding, an impartial third party decides issues in a case. The parties
select the arbitrator and agree on which issues the arbitrator will decide. The parties also agree in
advance whether the arbitrator’s decisions will be binding on them or instead treated merely as a
recommendation. While an arbitrator may decide issues within a divorce case, the judge would
still make the final determination as to whether to grant the divorce.

USE OF PROFESSIONALS
Parties in a divorce may also seek the assistance of other skilled professionals to help
resolve issues in a case, such as attorneys, accountants or other financial professionals, and
various types of mental health professionals (e.g., psychiatrists, psychologists, social workers,
therapists). These professionals may help the parties resolve all of the issues or just specific
portions of the case. As with mediation and arbitration, parties making use of these
professionals to resolve issues in the divorce are encouraged to consult their attorney for advice

2
throughout this process. While this approach may resolve some issues in the case, the judge
would still need to make the final decision to grant the divorce.

COMBINATIONS OF ALTERNATIVES
Depending on your circumstances, it may be helpful for you to use a combination of
mediation, arbitration, and skilled professionals to resolve issues in your divorce.

CONCLUSION
Just as every marriage is unique, every divorce is unique as well. The specific
circumstances of your divorce determine what method or methods of dispute resolution are best
suited to resolve issues in your divorce. You are encouraged to ask your attorney about these
alternative dispute resolution methods to resolve issues relating to your divorce.

Using these alternative dispute resolution methods allows you to participate in the
decision on those issues, rather than leaving all of the issues to the judge to decide. And
presenting the judge with a case in which the only decision remaining is whether to grant the
divorce will permit that decision to be made more expeditiously. While the judge must be the
one to decide whether to grant the divorce, your role in deciding some or all of the other issues
can be enhanced through these alternative dispute resolution methods.




3
[Rule 5:4-2(h) Certification Forms Promulgated 12/04/06 as Approved by the Supreme Court]
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION, FAMILY PART
Plaintiff
COUNTY
DOCKET NO. FM-
vs.


Defendant
CIVIL ACTION
RULE 5:4-2(h) CERTIFICATION BY
SELF-REPRESENTED LITIGANT


__________________________, of full age, hereby certifies as follows:
1. I am the Plaintiff Defendant in the above captioned matter.
2. I make this Certification pursuant to New Jersey Court Rule 5:4-2(h).
3. I have read the document entitled “Divorce -- Dispute Resolution Alternatives to
Conventional Litigation”.
4. I thus have been informed as to the availability of complementary dispute
resolution alternatives to conventional litigation.

I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.



Dated:

Published 12/04/2006, CN 10889-English page 1 of 1
[Rule 5:4-2(h) Certification Forms Promulgated 12/04/06 as Approved by the Supreme Court]
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION, FAMILY PART
Plaintiff
COUNTY
DOCKET NO. FM-
vs.


Defendant
CIVIL ACTION
RULE 5:4-2(h) CERTIFICATION BY
ATTORNEY AND CLIENT


_____________________________, being of full age, hereby certifies as follows:
1. I am the attorney for the Plaintiff Defendant in the above captioned
matter.
2. I make this Certification pursuant to New Jersey Court Rule 5:4-2(h).
3. I have provided my client with a copy of the document entitled “Divorce --
Dispute Resolution Alternatives to Conventional Litigation”.
4. I have discussed with my client the complementary dispute resolution alternatives
to litigation contained in that document.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.



Dated:



**************************************************************************
_____________________________, being of full age, hereby certifies as follows:
1. I am the Plaintiff Defendant in the above captioned matter and am
represented in this divorce matter by _____________________________.
Published 12/04/2006, CN 10890-English page 1 of 2
2. I make this Certification pursuant to New Jersey Court Rule 5:4-2(h).
3. I have read the document entitled “Divorce – Dispute Resolution Alternatives to
Conventional Litigation.”
4. I thus have been informed as to the availability of complementary dispute
resolution alternatives to litigation.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.



Dated:

Published 12/04/2006, CN 10890-English page 2 of 2

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APPENDIX IX-A
CONSIDERATIONS IN THE USE OF CHILD SUPPORT GUIDELINES
(Includes Amendments through those effective _____________)

1. Philosophy of the Child Support Guidelines
. . . no change.

2. Use of the Child Support Guidelines As a Rebuttable Presumption
. . . no change.

3. Deviating from the Child Support Guidelines
. . . no change.

4. The Income Shares Approach to Sharing Child-Rearing Expenses
. . . no change.

5. Economic Basis for the Child Support Guidelines
. . . no change.

6. Economic Principles Included in the Child Support Guidelines
. . . no change.

7. Assumptions Included in the Child Support Guidelines
. . . no change.

8. Expenses Included in the Child Support Schedules
. . . no change.

9. Expenses That May Be Added to the Basic Child Support Obligation
. . . no change.

10. Adjustments to the Support Obligation
The factors listed below may require an adjustment to the basic child support obligation.

- 2 -

a. Other Legal Dependents of Either Parent. . . . no change.

b. Multiple Family Obligations. . . . no change.

c. Government Benefits Paid to or for Children - In some cases, government
benefits may be received by or for a child based on a parent's earnings
record, disability, or retirement (e.g., Black Lung, Veterans Disability, Social
Security). Such payments are meant to replace the lost earnings of the
parent and are paid in addition to the worker's or member's benefits
(i.e., payments to family members do not reduce the member's benefits). A
parent may also receive other non-means-tested government benefits that
are meant to reduce the cost of the child such as adoption subsidies (N.J.A.C.
10:121-2). Supplemental Security Income (SSI) and welfare payments
received for or on behalf of a child are not included in this category since they
supplement parental income based on financial need. If non-means tested
benefits are paid to or for a dependent child for whom support is being
determined, the benefits must be deducted from the basic support obligation
(see Potter v. Potter, 169 N.J. Super. 140 (App. Div. 1979), De La Ossa v. De
La Ossa, 291 N.J. Super. 557 (App.Div. 1996), Pasternak v. Pasternak, 310
N.J. Super. 483 (1997), Herd v. Herd, 307 N.J. Super. 501 (App.Div.1998)).
The deduction is provided because the receipt of such benefits reduces the
parents' contributions toward the child's living expenses (i.e., the marginal
cost of the child). If the benefits received by the child are greater than the
total support obligation (i.e., the amount of the obligation after deducting the
benefits is zero), no support award should be ordered while the child is
receiving the benefits. The benefits will continue to be paid by the
government agency to the custodial parent in lieu of child support. If the total
obligation is greater than the benefits received by the child, the non-custodial
parent's income share of the residual amount (after deducting the benefits) is
the support award to be paid to the custodial parent. Government benefits
paid to or for a child that reduce benefits paid to a non-custodial parent (an
apportionment) should not be deducted from the basic child support award,
but should be used to offset the parent's child support order (i.e., the
apportionment represents a payment toward the support order similar to a
garnishment). NOTE: There may be circumstances when the CP/PPR is the
party who is disabled and the child's share of derivative government benefits
such as Social Security Disability greatly reduces child support at a time when
the CP/PPR's personal income is also reduced. This creates a situation
where the government benefits have the overall affect of being treated as a
contribution made entirely by the NCP/PAR which may result in an injustice to
the child. Under these circumstances, deviation from the guidelines may be
required to prevent a financial hardship in the child's primary household due
to the substantial reduction, or possible elimination, of child support caused
by the application of the deduction allowed for government benefits against
the basic child support amount.

- 3 -

11. Defining Income
. . . no change.

12. Imputing Income to Parents
. . . no change.

13. Adjustments for PAR Time (formerly Visitation Time)
. . . no change.

14. Shared-Parenting Arrangements
. . . no change.

15. Split-Parenting Arrangements
. . . no change.

16. Child in the Custody of a Third Party
. . . no change.

17. Adjustments for the Age of the Children
. . . no change.

18. College or Other Post-Secondary Education Expenses
. . . no change.

19. Determining Child Support and Alimony or Spousal Support Simultaneously
. . . no change.

20. Extreme Parental Income Situations
. . . no change.

21. Other Factors that May Require an Adjustment to a Guidelines-Based Award
. . . no change.

- 4 -

22. Stipulated Agreements
. . . no change.

23. Modification of Support Awards
. . . no change.

24. Effect of Emancipation of a Child
. . . no change.

25. Support for a Child Who has Reached Majority
. . . no change.

26. Health Insurance for Children
. . . no change.

27. Unpredictable, Non-Recurring Unreimbursed Health-Care In Excess of $250
Per Child Per Year
. . . no change.

28. Distribution of Worksheets and Financial Affidavits
. . . no change.

29. Background Reports and Publications
. . . no change.



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APPENDIX IX-B
USE OF THE CHILD SUPPORT GUIDELINES
(Includes Amendments through those effective March 11, 2008)

GENERAL INFORMATION

Completion and Filing of the Worksheet
. . . no change.

Use of Weekly Amounts
. . . no change.

Rounding to Whole Dollars and Percentages
. . . no change.

Defining Parental Roles
. . . no change.

Selection of a Worksheet
. . . no change.


Line Instructions for the Sole-Parenting Worksheet
- 2 -

LINE INSTRUCTIONS FOR THE SOLE-PARENTING WORKSHEET

Caption
. . . no change.

Lines 1 through 5 - Determining Income
. . . no change.

Line 1 - Gross Taxable Income
. . . no change.

Line 1a - Mandatory Retirement Contributions
. . . no change.

Line 1b - Alimony Paid
. . . no change.

Line 1c - Alimony Received
. . . no change.

Line 2 - Adjusted Gross Taxable Income
. . . no change.

Line 2a - Withholding Taxes
. . . no change.

Line 2b - Prior Child Support Orders
. . . no change.

Line 2c - Mandatory Union Dues
. . . no change.

Line 2d - Other-Dependent Deduction
. . . no change.

Line 3 - Net Taxable Income
. . . no change.

Line Instructions for the Sole-Parenting Worksheet
- 3 -
Line 4 - Non-Taxable Income
. . . no change.

Line 5 - Net Income
. . . no change.

Line 6 - Percentage Share of Income
. . . no change.

Line 7 - Basic Child Support Amount
. . . no change.

Line 8 - Adding Net Work-Related Child Care Costs to the Basic Obligation
. . . no change.

Line 9 - Adding Health Insurance Costs for the Child to the Basic Obligation
. . . no change.

Line 10 - Adding Predictable and Recurring Unreimbursed Health Care to
the Basic Obligation
. . . no change.

Line 11 - Adding Court-Approved Predictable and Recurring Extraordinary
Expenses to the Basic Support Amount
. . . no change.

Line 12 - Deducting Government Benefits Paid to or for the Child
Enter government benefits received by the child on behalf of either parent on Line 12.

If a child is receiving government benefits based on either parent's earning record,
disability, or retirement, the amount of those benefits must be deducted from the total
support award (regardless of the effect of the child's benefit payments on benefits paid
to the parent). Such benefits include, but are not limited to: Social Security Retirement
or Disability, Black Lung, and Veteran's Administration benefits. Also included are non-
means-tested government benefits meant to offset the cost of the child such as
adoption subsidies (N.J.A.C. 10:121-2). SSI, public assistance (TANF), and other
means-tested benefits are not government benefits based on a parent's earnings
record, disability or retirement and should not be included on Line 12. If the government
benefit received by the child is greater than the total support award (i.e., the amount of
the total support award after deducting the government benefit is zero or less), the
amount of the government benefit that is being paid to or for the child represents the
support award. In such cases, the support award should be made payable directly to the
Line Instructions for the Sole-Parenting Worksheet
- 4 -
obligee (i.e., from the government agency to the obligee; not through Probation). If the
government benefit is less than the total support obligation, it shall continue to be paid
directly to the obligee and the residual amount shall be paid through Probation. See
Appendix IX-A, paragraph 10(b).

Note that these benefits are not included in the gross income of the recipient parent.

NOTE: There may be circumstances when the CP/PPR is the party who is disabled and
the child's share of derivative government benefits such as Social Security Disability
greatly reduces child support at a time when the CP/PPR's personal income is also
reduced. This creates a situation where the government benefits have the overall affect
of being treated as a contribution made entirely by the NCP/PAR which may result in an
injustice to the child. Under these circumstances, deviation from the guidelines may be
required to prevent a financial hardship in the child's primary household due to the
substantial reduction, or possible elimination, of child support caused by the application
of the deduction allowed for government benefits against the basic child support
amount.

Line 13 - Calculating the Total Child Support Amount
. . . no change.

Line 14 - Parental Share of the Total Child Support Obligation
. . . no change.

Line 15 - Credit for Child- Care Payments
. . . no change.

Line 16 - Credit for Payment of Child's Health Insurance Cost
. . . no change.

Line 17 - Credit for Payment of Child's Predictable and Recurring
Unreimbursed Health Care
. . . no change.

Line 18 - Credit for Payment of Court-Approved Extraordinary Expenses
. . . no change.

Line 19 - Adjustment for Parenting Time Variable Expenses
. . . no change.

Line 20 - Figuring Each Parent's Net Support Obligation
. . . no change.
Line Instructions for the Sole-Parenting Worksheet
- 5 -

Lines 21, 22, and 23 - Adjusting the Child Support Obligation for Other-
Dependents
. . . no change.

Line 21 - Line 20 CS Obligation With Other-Dependent Deduction
. . . no change.

Line 22 - Line 20 CS Obligation Without Other-Dependent Deduction
. . . no change.

Line 23 - Obligation Adjusted for Other Dependents
. . . no change.

Lines 24, 25, and 26 - Maintaining a Self-Support Reserve
. . . no change.

Line 24 - Self-Support Reserve Test
. . . no change.

Line 25 - Maximum Child Support Order
. . . no change.

Line 26 - Child Support Order
. . . no change.


Line Instructions for the Sole-Parenting Worksheet
- 6 -

LINE INSTRUCTIONS FOR THE SHARED-PARENTING WORKSHEET

Caption
. . . no change.

Lines 1 through 5 - Determining Income
. . . no change.

Line 1 - Gross Taxable Income
. . . no change.

Line 1a - Mandatory Retirement Contributions
. . . no change.

Line 1b - Alimony Paid
. . . no change.

Line 1c - Alimony Received
. . . no change.

Line 2 - Adjusted Gross Taxable Income
. . . no change.

Line 2a - Withholding Taxes
. . . no change.

Line 2b - Prior Child Support Orders
. . . no change.

Line 2c - Mandatory Union Dues
. . . no change.

Line 2d - Other-Dependent Deduction
. . . no change.

Line 3 - Net Taxable Income
. . . no change.

Line Instructions for the Sole-Parenting Worksheet
- 7 -
Line 4 - Non-Taxable Income
. . . no change.

Line 5 - Net Income
. . . no change.

Line 6 - Percentage Share of Income
. . . no change.

Line 7 - Number of Overnights with Each Parent
. . . no change.

Line 8 - Percentage of Overnights with Each Parent
. . . no change.

Line 9 - Basic Child Support Amount
. . . no change.

Line 10 - PAR Shared Parenting Fixed Expenses
. . . no change.

Line 11 - Deducting Government Benefits Paid to or for the Child
Enter the weekly amount of government benefits received by the child on behalf of
either parent on Line 11. If a child is receiving government benefits (non-means tested)
based on either parent's earning record, disability, or retirement, the amount of those
benefits must be deducted from the total support award (regardless of the effect of the
child's benefit payments on benefits paid to the parent). Such benefits include, but are
not limited to: Social Security Retirement or Disability, Black Lung, and Veteran's
Administration benefits. Also included are non-means-tested government benefits
meant to offset the cost of the child such as adoption subsidies (N.J.A.C. 10:121-2).
SSI, public assistance (TANF), and other means-tested benefits are not government
benefits based on a parent's earnings record, disability or retirement and should not be
included on Line 12. If the government benefit received by the child is greater than the
total support award (i.e., the amount of the total support award after deducting the
government benefit is zero or less), the amount of the government benefit that is being
paid to or for the child represents the support award. In such cases, the support award
should be made payable directly to the obligee (i.e., from the government agency to the
obligee; not through Probation). If the government benefit is less than the total support
obligation, it shall continue to be paid directly to the obligee and the residual amount
shall be paid through Probation. Note that these benefits are not included in the gross
income of the recipient parent. See Appendix IX-A, paragraph 10(b) for more
information on the treatment of government benefits.
Line Instructions for the Sole-Parenting Worksheet
- 8 -

NOTE: There may be circumstances when the CP/PPR is the party who is disabled and
the child's share of derivative government benefits such as Social Security Disability
greatly reduces child support at a time when the CP/PPR's personal income is also
reduced. This creates a situation where the government benefits have the overall affect
of being treated as a contribution made entirely by the NCP/PAR which may result in an
injustice to the child. Under these circumstances, deviation from the guidelines may be
required to prevent a financial hardship in the child's primary household due to the
substantial reduction, or possible elimination, of child support caused by the application
of the deduction allowed for government benefits against the basic child support
amount.

Line 12 - Shared Parenting Basic Child Support Amount
. . . no change.

Line 13 - PAR Share of Shared Parenting Basic Child Support Amount
. . . no change.

Line 14 - PAR Shared Parenting Variable Expenses
. . . no change.

Line 15 - PAR Adjusted Shared Parenting Basic Child Support Amount
. . . no change.

Lines 16 through 20 - Figuring Supplemental Expenses to be Added to the
Shared Parenting Basic Child Support Amount
. . . no change.

Line 16 - Adding Net Work-Related Child Care Costs
. . . no change.

Line 17 - Adding Health Insurance Costs for the Child
. . . no change.

Line 18 - Adding Predictable and Recurring Unreimbursed Health Care
. . . no change.

Line 19 - Adding Court-Approved Predictable and Recurring Extraordinary
Expenses
. . . no change.

Line Instructions for the Sole-Parenting Worksheet
- 9 -
Line 20 - Total Supplemental Expenses
. . . no change.

Line 21 - PAR's Share of the Total Supplemental Expenses
. . . no change.

Line 22 - Credit for PAR's Child-Care Payments
. . . no change.

Line 23 - Credit for PAR's Payment of Child's Health Insurance Cost
. . . no change.

Line 24 - Credit for PAR's Payment of Unreimbursed Health Care
. . . no change.

Line 25 - Credit for PAR's Payment of Court-Approved Extraordinary
Expenses
. . . no change.

Line 26 - PAR's Total Payments for Supplemental Expenses
. . . no change.

Line 27 - PAR's Net Supplemental Expenses
. . . no change.

Line 28 - PAR's Net Child Support Obligation
. . . no change.

Lines 29, 30, and 31 - Adjusting the Child Support Obligation for Other
Dependents
. . . no change.

Line 29 - Line 28 PAR CS Obligation WITH Other Dependent Deduction
. . . no change.

Line 30 - Line 28 PAR CS Obligation WITHOUT Other Dependent Deduction
. . . no change.

Line 31 - Adjusted PAR CS Obligation
. . . no change.
Line Instructions for the Sole-Parenting Worksheet
- 10 -

Lines 32 and 33 - Maintaining a Self-Support Reserve
. . . no change.

Line 32 - Self-Support Reserve Test
. . . no change.

Line 33 - PAR's Maximum Child Support Order
. . . no change.

Line 34 - Child Support Order
. . . no change.

Line 35 - PPR Household Income Test
. . . no change.




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Revised: mm/yyyy, CN 10484-English Page 1 of 5



_______________________________,
Plaintiff,
v.

_______________________________,
Defendant.

SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION - FAMILY PART
COUNTY OF
DOCKET NO. FM -


CIVIL ACTION


CASE MANAGEMENT ORDER
(R. [5:5-6] 5:5-7)



This matter being opened to the Court on _____________________, 20_____,

(a) during a case management conference before:
___________________________________________________________________

(b) during a telephonic conference with:
___________________________________________________________________

(c) by consent of both attorneys

Plaintiff being represented by ____________________________, of the firm of
___________________________________________, and the Defendant being represented by
_____________________of the firm
of__________________________________________________________________

and good cause existing for entry of this Order,

IT IS hereby ORDERED that the above titled matter is assigned to the following track. (If custody is in issue
the case shall be placed on the Priority Track.)

A. EXPEDITED TRACK (Discovery shall not exceed 90 days)
If checked go directly to Page 3.

B. STANDARD TRACK (Discovery shall not exceed 120 days)

C. PRIORITY TRACK (Discovery to be set at first Case Management Conference)

D. COMPLEX TRACK (Discovery to be set at first Case Management Conference)

Revised: mm/yyyy, CN 10484-English Page 2 of 5

IT FURTHER APPEARING that on the issue of Custody and Parenting Time:

There are no children. The children are emancipated.
DV Order in effect.
Custody is an issue. Custody not in issue.
All issues relating to Custody and Parenting Time have been resolved pursuant to the Custody/Parenting
Time stipulation attached hereto.
The matter is referred to Custody/Parenting Time mediation.
The Custody/Parenting Time Plan, required pursuant to R. 5:8-5 is attached hereto/or will be submitted by
_______________________________.

IT FURTHER APPEARING that the following issues are in dispute:
Child Support

Alimony

Equitable Distribution
Counsel Fees
Cause of Action
Medical Insurance
Other Issues: ___________________________
Life Insurance

IT IS FURTHER ORDERED that the following be furnished no later than the dates indicated:

Case Information Statement filed? Plaintiff (Yes / No ) Defendant (Yes / No )

CIS to be filed by Plaintiff / Defendant / Both by________________, 20_____

Plaintiff / Defendant / Both - shall propound Interrogatories/Notice to Produce by __________,
20___

Plaintiff / Defendant / Both - shall answer Interrogatories and comply with Notice to Produce by
__________, 20___

Plaintiff / Defendant / Both - shall complete Depositions
by____________________________20______

Plaintiff / Defendant / Both - shall produce proof of bank account balances, pension, or other
records, such as: ____________________________________________________ by
_________________________, 20____

Plaintiff / Defendant / Both shall also:
___________________________________________________________________
___________________________________________________________________

Date
(00/00/0000) Joint or Court
Appointed Expert Plaintiff
Expert Defendant
Expert Cost Paid
by (H/W)
Real Estate appraisals to be completed by
Personalty appraisals to be completed by
Business appraisals to be completed by
Pension appraisals to be completed by

Revised: mm/yyyy, CN 10484-English Page 3 of 5

Other (Expert Reports or related issues):
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________


IT IS FURTHER ORDERED that this matter shall be scheduled before the County Early Settlement Panel on
_______________________, 20_____, at ____________.

IT IS FURTHER ORDERED that a second Case Management Conference has been scheduled on
_______________________, 20 ____, at _____________, before ________________________________

IT IS FURTHER ORDERED that all motions, emergent applications, plenary hearings and the ultimate trial of
this matter, if necessary, shall be handled by Judge _____________________. All future correspondence to the
Court shall be forwarded to the Judge assigned. The attorney appearing in Priority or Complex Track
Cases should be familiar with and have full authority to participate in the case.

IT IS FURTHER ORDERED
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________


Trial Date ___________________________ Trial Date To Be Determined



___________________________________
, J.S.C.



We hereby consent to the form and entry
of the within Order.
_______________________________________ ___________________________________
Attorney for Plaintiff Attorney for Defendant


Attorney Address: __________________________ Attorney Address: _________________________
_________________________________________ _________________________________________

Phone: ______________ Fax No. ________________ Phone: _____________ Fax No. ______________

Revised: mm/yyyy, CN 10484-English Page 4 of 5



IMPORTANT

DO NOT provide an undisclosed address and telephone number of a party if a Domestic Violence
Restraining Order is in effect.

Plaintiff: ______________________________ Defendant: _____________________________
Address: ______________________________
______________________________ Address: ______________________________
______________________________
Phone: _____________ Fax No. ____________ Phone: _____________ Fax No. ____________




Revised: mm/yyyy, CN 10484-English Page 5 of 5

Case Management Conference
And
Track Assignment Standards and Procedures

In accordance with Court Rule [5:5-6] 5:5-7, Case Management Conferences in Civil Family
Actions and 5:1-4(b) Procedures for Track Assignment, the following procedures shall guide the
court in implementing these rules.

1. An initial case management conference shall be held for all initial filings of divorce
within 30 days after the Family Court receives the last permissible responsive pleading.
2. A notice shall be sent to all parties with the time and place of the initial case management
conference. Included in the notice should be a blank case management order which may
be completed by counsel and forwarded to court for review and approval.
3. In determining track assignments pursuant to Rule 5:1-4, the court shall consider an
attorney’s request for a track assignment. If all the attorneys agree on a track assignment,
the case shall not be assigned to another track except if good cause is shown and after
providing the opportunity for all attorneys to be heard on the matter. If the track
assignment cannot be agreed upon by the attorneys, the court shall assign the track that
affords the greatest degree of management and notify the parties of the track assignment.
4. A Case Management Conference may be conducted by a judge or staff designated by a
judge. The conference may be held in person or by telephone.
5. Attorneys may submit to the court a Case Management Consent Order for review and
approval. The Case Management Consent Order shall provide the court with all the
information required to effectively manage the case including dates for completion of all
applicable issues outlined in the order and appropriate signatures.
6. The initial Case Management Conference shall result in a case management order which
shall clearly depict, on the front of the order, the designated track for the case. The case
management order shall also fix the schedule for discovery and any future case
management conferences that may be necessary or trial dates when appropriate.
7. A case may be reassigned to a different track, other than the initial track assignment, on
the court’s motion or upon application of a party. Such an application may be made
informally, but must be in writing to the court, copy to the other party, stipulating the
reason(s) for the request for reassignment. The court shall make the final determination
and notify the parties.



A
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E

Confidential Litigant Information Sheet (R. 5:4-2(g))
To Assure Accuracy of Court Records
To be filled out by plaintiff or defendant or attorney
Collection of the following information is pursuant to N.J.S.A. 2A:17-56.60 and R. 5:7-4.
Confidentiality of this information must be maintained.
Note: Form adopted July 28, 2004 to be effective September 1, 2004; amended June 15, 2007 to be effective September 1, 2007; amended
__________________ to be effective __________________.
Revised Form Effective: mm/yyyy, CN: 10486-English
Docket # CS
Your Name (last, first, middle initial):
Are You: Plaintiff or Defendant?
(check [circle] one) Social Security
Number Date of Birth Place of Birth Driver's License Number
(state of issuance)
Active Domestic Violence Order in this case?
Yes or No (check [circle] one)

Address Telephone Number

Employer Name and Address (or other income source) Telephone Number

Professional, Occupational, Recreational Licenses (Types and Numbers) Attorney Name and Address

Health Coverage for Children (available through parent filling out this form)
Health Care Provider Policy # Group #
Dental Care Provider Policy # Group #
Prescription Drug Provider Policy # Group #
Children Information
Name (last, first, middle initial) Date of Birth Race Sex Social Security
Number Place of Birth
1.
2.
3.
4.
5.
6.

Sex Race Height Weight Eyes Hair

Auto License Plate #
(State of issuance) Car
(model, make, year) [Mother's maiden name and address]

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me
are wilfully false, I am subject to punishment.

Date Signature

N.J.A.C. 13:45A-1 et seq. Regulations Division of Consumer Affairs

This is the html version of the file http://www.state.nj.us/lps/ca/ocp/ocpreg.pdf.
Google automatically generates html versions of documents as we crawl the web.
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Regulations(N.J.A.C. 13:45A-1 et seq.)Division of Consumer AffairsN.J. Department of Law & Public Safety New Jersey Department of Law & Public Safety Division ofConsumerAffairs As of June 2003
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N.J. Department of Law & Public SafetyDivision of Consumer Affairs Location:Mailing Address:124 Halsey StreetP.O. Box 45025Newark, New Jersey 07102Newark, New Jersey 07101(973) 504-6200 Division ofConsumerAffairs Please note:To see if there have been any changes to these regulations,please see the Division of Consumer Affairs’ Web site(www.state.nj/lps/ca/adopt.htm). Ifthe Office of ConsumerProtection is not listed at the Web site, then no changeshave been made to the regulations.
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Guide to Regulations SUBCHAPTER 1.DECEPTIVE MAIL ORDER PRACTICES13:45A-1.1General provisions ..............................................................................................................................1SUBCHAPTER 2.RESERVEDSUBCHAPTER 3.SALE OF MEAT AT RETAIL13:45A-3.1Definitions ..........................................................................................................................................213:45A-3.2Labeling and advertising requirements .............................................................................................. 513:45A-3.3Exemption for certain meats............................................................................................................... 513:45A-3.4Exemptions for meat inspected under United States Department of Agriculture .............................. 613:45A-3.5Name in addition to the species and primal cut ..................................................................................613:45A-3.6Advertising when additional name used.............................................................................................613:45A-3.7Use of United States Department of Agriculture grading terms.........................................................613:45A-3.8Use of United States Department of Agriculture grading terms for pork........................................... 613:45A-3.9Labeling or advertising when certain United States Department ofAgriculture grading terms used ..........................................................................................................613:45A-3.10Labeling of certain meat food products .............................................................................................. 613:45A-3.11Fabricated steak ..................................................................................................................................713:45A-3.12Supply of meat advertised ..................................................................................................................713:45A-3.13Frozen meat ........................................................................................................................................ 713:45A-3.14Violations ............................................................................................................................................713:45A-3.15Meat charts .........................................................................................................................................7SUBCHAPTER 4.BANNED HAZARDOUS PRODUCTS13:45A-4.1Unconscionable commercial practice ...............................................................................................1213:45A-4.2Consumer product defined ............................................................................................................... 1213:45A-4.3Violations ..........................................................................................................................................12SUBCHAPTER 5.DELIVERY OF HOUSEHOLD FURNITURE AND FURNISHINGS13:45A-5.1Deceptive practices; generally......................................................................................................... 1213:45A-5.2Contract forms; date of order .......................................................................................................... 1213:45A-5.3Contract form; delayed delivery ...................................................................................................... 1313:45A-5.4Violations; sanctions ........................................................................................................................13SUBCHAPTER 6. throughSUBCHAPTER 8.(RESERVED)SUBCHAPTER 9.GENERAL ADVERTISING13:45A-9.1Definitions ........................................................................................................................................ 1313:45A-9.2General advertising practices ...........................................................................................................1413:45A-9.3Price reduction advertisements; merchandise advertised at a price of less than $100.00 ...............1613:45A-9.4Price reduction advertisements; items of merchandise specifically advertised at aprice of more than $100.00............................................................................................................... 1613:45A-9.5Price reduction advertisements; merchandise advertised as a savings o apercentage or a range of percentages................................................................................................ 1713:45A-9.6Pricing; prohibition on fictitious pricing and methods of substantiation ........................................1713:45A-9.7Application of regulation.................................................................................................................. 1813:45A-9.8Retail discounts in scanner stores; percentage-off discounts; point-of-salediscounts; multi-tiered pricing offers; targeted discounts .............................................................. 18SUBCHAPTER 10. SERVICING AND REPAIRING OF HOME APPLIANCES13:45A-10.1Definitions ........................................................................................................................................ 1913:45A-10.2Required information........................................................................................................................1913:45A-10.3Deceptive practices ........................................................................................................................... 2013:45A-10.4Exceptions ........................................................................................................................................ 2013:45A-10.5Violations ..........................................................................................................................................20SUBCHAPTER 11. (RESERVED)SUBCHAPTER 12. SALE OF ANIMALS13:45A-12.1Definitions ........................................................................................................................................ 20
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13:45A-12.2General provisions ............................................................................................................................2113:45A-12.3Required practices related to the health of animals and fitness for sale and purchase ..................... 23SUBCHAPTER 13. POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERSOF CONSUMER AFFAIRS13:45A-13.1Statement of general purpose and intent ..........................................................................................2613:45A-13.2Definitions ........................................................................................................................................ 2613:45A-13.3General provisions ............................................................................................................................2713:45A-13.4Qualifications of county or municipal director ................................................................................ 2713:45A-13.5Termination of authority to exercise delegated authority .................................................................2713:45A-13.6Delegated powers .............................................................................................................................2713:45A-13.7Limitations; litigation ...................................................................................................................... 2813:45A-13.8Restrictions; powers ........................................................................................................................2813:45A-13.9(Reserved).........................................................................................................................................28SUBCHAPTER 14. UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS13:45A-14.1General provisions ............................................................................................................................2813:45A-14.2Definitions ........................................................................................................................................ 2813:45A-14.3Persons and operations exempted from complying with Unit Price Disclosure Act........................ 2913:45A-14.4Regulated consumer commodities and their approved units of measure ......................................... 2913:45A-14.5Exempt consumer commodities .......................................................................................................3113:45A-14.6Calculation of the numerical unit price of a regulated consumer commodity.................................. 3213:45A-14.7Unit price labels approved for display.............................................................................................. 3213:45A-14.8Unit price signs and unit price lists .................................................................................................. 3313:45A-14.9Unit price tags................................................................................................................................... 3313:45A-14.10Means of disclosing unit price information ......................................................................................3313:45A-14.11Placement of unit price information on consumer commodities by nonretailers ............................. 3413:45A-14.12Extension of time to comply with these regulations ........................................................................ 3413:45A-14.13Nonintentional technical errors ........................................................................................................3413:45A-14.14Waiver of unit price requirements .................................................................................................... 3413:45A-14.15Penalties ............................................................................................................................................ 34SUBCHAPTER 15. DISCLOSURE OF REFUND POLICY IN RETAIL ESTABLISHMENT13:45A-15.1Definitions ........................................................................................................................................ 3413:45A-15.2Unlawful practices ............................................................................................................................3413:45A-15.3Exemption.........................................................................................................................................3513:45A-15.4Remedy .............................................................................................................................................35SUBCHAPTER 16. HOME IMPROVEMENT PRACTICES13:45A-16.1Definitions ........................................................................................................................................ 3513:45A-16.2Unlawful practices ............................................................................................................................36SUBCHAPTER 17. (RESERVED)SUBCHAPTER 18. PLAIN LANGUAGE REVIEW13:45A-18.1Fee for contract review ..................................................................................................................... 39SUBCHAPTER 19. PETITION FOR RULEMAKING13:45A-19.1Petition for promulgating, amending or repealing rules................................................................... 39SUBCHAPTER 20. RESALE OF TICKETS OF ADMISSION TO PLACES OF ENTERTAINMENT13:45A-20.1Delayed effective date of regulation ................................................................................................. 4013:45A-20.1ADefinitions ........................................................................................................................................ 4013:45A-20.2Licensure ..........................................................................................................................................4013:45A-20.3Fees: new or renewal license ...........................................................................................................4113:45A-20.4Place of business............................................................................................................................... 4113:45A-20.5Sale or exchange ............................................................................................................................... 4113:45A-20.6Records .............................................................................................................................................4213:45A-20.7Advertising ....................................................................................................................................... 42SUBCHAPTER 21. REGULATIONS CONCERNING THE SALE OF FOOD REPRESENTED AS KOSHER13:45A-21.1Definitions ........................................................................................................................................ 4213:45A-21.2Disclosure requirements ................................................................................................................... 43
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13:45A-21.3Labeling requirements ...................................................................................................................... 4413:45A-21.4Recordkeeping requirements ............................................................................................................4613:45A-21.5Filing requirements ........................................................................................................................... 4613:45A-21.6Inspections of dealers ....................................................................................................................... 4713:45A-21.7Unlawful practices ............................................................................................................................4713:45A-21.8Presumptions .................................................................................................................................... 48SUBCHAPTER 22. (RESERVED)SUBCHAPTER 23. DECEPTIVE PRACTICES CONCERNING WATERCRAFT REPAIR13:45A-23.1Definitions ........................................................................................................................................ 4813:45A-23.2Deceptive practices: watercraft repairs............................................................................................. 49SUBCHAPTER 24. TOY AND BICYCLE SAFETY13:45A-24.1Purpose and scope ............................................................................................................................5113:45A-24.2Reporting of toy-related injuries ...................................................................................................... 5213:45A-24.3Toy recall notices .............................................................................................................................. 5213:45A-24.4Bicycle safety notices ....................................................................................................................... 53SUBCHAPTER 25. SELLERS OF HEALTH CLUB SERVICES13:45A-25.1“Health club” defined ....................................................................................................................... 5413:45A-25.2Registration; fees .............................................................................................................................5413:45A-25.3Exemption from registration............................................................................................................. 5513:45A-25.4Exemption from security requirement .............................................................................................. 5513:45A-25.5Documentation of maintenance of security ......................................................................................5513:45A-25.6Violations; sanctions ........................................................................................................................55SUBCHAPTER 26. AUTOMOTIVE DISPUTE RESOLUTION13:45A-26.1Purpose and scope ............................................................................................................................5613:45A-26.2Definitions ........................................................................................................................................ 5613:45A-26.3Statements to consumer; other notices ............................................................................................ 5613:45A-26.4Lemon Law Unit............................................................................................................................... 5813:45A-26.5Preliminary steps .............................................................................................................................. 5813:45A-26.6Eligibility ..........................................................................................................................................5813:45A-26.7Application ....................................................................................................................................... 5913:45A-26.8Filing fee........................................................................................................................................... 6013:45A-26.9Processing of applications ................................................................................................................6013:45A-26.10Notification and scheduling of hearings ...........................................................................................6013:45A-26.11Computation of refund ..................................................................................................................... 6013:45A-26.12Final decision.................................................................................................................................... 6113:45A-26.13Appeals .............................................................................................................................................6113:45A-26.14Manufacturer’s reporting requirements ............................................................................................ 6213:45A-26.15Index of disputes............................................................................................................................... 62SUBCHAPTER 26A. MOTOR VEHICLE ADVERTISING PRACTICES13:45A-26A.1Scope ................................................................................................................................................ 6213:45A-26A.2Application ....................................................................................................................................... 6313:45A-26A.3Definitions ........................................................................................................................................ 6313:45A-26A.4Bait and switch .................................................................................................................................6413:45A-26A.5Advertisements; mandatory disclosure requirements in all advertisements for sale .......................6413:45A-26A.6Advertisements: mandatory disclosure in advertisements for lease of anew or used motor vehicle ................................................................................................................6513:45A-26A.7Unlawful advertising practices ......................................................................................................... 6613:45A-26A.8Certain credit and installment sale advertisements ..........................................................................6713:45A-26A.9On-site disclosures............................................................................................................................6813:45A-26A.10Record of transactions ...................................................................................................................... 68SUBCHAPTER 26B. AUTOMOTIVE SALES PRACTICES13:45A-26B.1Definitions ........................................................................................................................................ 6813:45A-26B.2Unlawful practices ............................................................................................................................69
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SUBCHAPTER 26C. AUTOMOTIVE REPAIRS13:45A-26C.1Definitions ........................................................................................................................................ 6913:45A-26C.2Deceptive practices; automotive repairs ..........................................................................................70SUBCHAPTER 26D. TIRE DISTRIBUTORS AND DEALERS13:45A-26D.1General provisions ............................................................................................................................7213:45A-26D.2Deceptive practices ........................................................................................................................... 7213:45A-26D.3Violations ..........................................................................................................................................72SUBCHAPTER 26E. MOTORIZED WHEELCHAIR DISPUTE RESOLUTION13:45A-26E.1Purpose and scope ............................................................................................................................7213:45A-26E.2Definitions ........................................................................................................................................ 7313:45A-26E.3Manufacturer warranty ..................................................................................................................... 7313:45A-26E.4Wheelchair Lemon Law Unit ...........................................................................................................7413:45A-26E.5Repair of nonconformity .................................................................................................................. 7413:45A-26E.6Eligibility ..........................................................................................................................................7413:45A-26E.7Application ....................................................................................................................................... 7513:45A-26E.8Filing fee........................................................................................................................................... 7513:45A-26E.9Processing of applications ................................................................................................................7613:45A-26E.10Notification and scheduling of hearings ...........................................................................................7613:45A-26E.11Computation of refund ..................................................................................................................... 7613:45A-26E.12Final decision.................................................................................................................................... 7713:45A-26E.13Appeals .............................................................................................................................................7713:45A-26E.14Manufacturer’s informal dispute resolution system .........................................................................7713:45A-26E.15Index of disputes............................................................................................................................... 77SUBCHAPTER 26F. UNFAIR TRADE PRACTICES--USED MOTOR VEHICLES--SALE AND WARRANTY13:45A-26F.1Purpose and scope ............................................................................................................................7713:45A-26F.2Definitions ........................................................................................................................................ 7813:45A-26F.3Dealer warranty; form; scope; purchaser’s obligations .................................................................7913:45A-26F.4Waiver of warranty ........................................................................................................................... 7913:45A-26F.5Bond requirement .............................................................................................................................8013:45A-26F.6Administrative fee ............................................................................................................................8013:45A-26F.7Procedures regarding repair of material defect ................................................................................ 8013:45A-26F.8Used Car Lemon Law Unit; duties; address ...................................................................................8113:45A-26F.9Procedures for resolving a complaint ...............................................................................................8113:45A-26F.10Application for dispute resolution .................................................................................................... 8113:45A-26F.11Processing of applications ................................................................................................................8213:45A-26F.12Notification of scheduling of hearings ............................................................................................. 8213:45A-26F.13Final decision.................................................................................................................................... 8213:45A-26F.14Computation of refund ..................................................................................................................... 8313:45A-26F.15Appeals .............................................................................................................................................8313:45A-26F.16Dealer’s informal dispute resolution procedures ..............................................................................8313:45A-26F.17Index of disputes............................................................................................................................... 8313:45A-26F.18Violations ..........................................................................................................................................83SUBCHAPTER 27. (RESERVED)SUBCHAPTER 28. MOTOR VEHICLE LEASING13:45A-28.1 through13:45A-28.7(Reserved).........................................................................................................................................8713:45A-28.8Credit check of lessee; right to review contract ..............................................................................87
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1 New Jersey Administrative CodeTitle 13, Chapter 45A.Administrative Rules of the Division of Consumer Affairs SUBCHAPTER 1.DECEPTIVE MAIL ORDER PRACTICES13:45A-1.1General provisions(a) Without limiting any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A. 56:8-1 et seq.,this rule makes unlawful thereunder some specific practices in the mail order or catalog business.(b) It is an unlawful practice in connection with the advertisement or sale of merchandise for a person conducting a mailorder or catalog business to accept money through the mail or any electronic transfer medium, for merchandiseordered by mail, telephone, facsimile transmission or electronic mail and then permit six weeks to elapse withouteither:1.Delivering or mailing the merchandise order; or2.Making a full refund; or3.Sending the consumer a letter or notice advising the consumer of the duration of an expected delay or thesubstitution of merchandise of equivalent or superior quality, and offering to send a refund within one week ifso requested. If a proposal to substitute merchandise is made, it shall describe, in specific detail, how thesubstituted merchandise differs from the merchandise ordered; or4.Sending the consumer substituted merchandise of equivalent or superior quality, together with:i.A written notice offering, without reservation, to accept the return of the merchandise at the seller’s expensewithin 14 days of receipt of the merchandise and, upon request, the consumer’s choice of either, a refund ofcash paid, including the amount of postage to return the item, or a credit; andii.A postage-paid letter or card on which the consumer may indicate whether he wishes the purchase price tobe refunded or credited to his account within 14 days of receipt of the letter or card by the seller. Theconsumer’s request entered on such a letter or card must be honored by the seller; andiii. The written notice and postage-paid letter or card, as stated in (b)4i and ii above, need not be sent with themerchandise, if in lieu thereof, a statement that the seller will accept the return of the merchandise for aperiod of at least 14 days without reservation is printed in the catalog itself.(c) For purposes of (b)3 and 4 above, merchandise may not be considered of “equivalent or superior quality” if it is notsubstantially similar to the merchandise ordered or not fit for the purposes intended, or if the seller normally offersthe substituted merchandise at a price lower than the price of the merchandise ordered.(d) Subsection (b) above does not apply:1.To merchandise ordered pursuant to an open-end credit plan as defined in the Federal Consumer Credit Protec-tion Act or any other credit plan pursuant to which the consumer’s account was opened prior to the mail orderin question, and under which the creditor may permit the customer to make purchases from time to time fromthe creditor or by use of a credit card; or2.When all advertising for the merchandise contains a notice (which, in the case of printed advertising, shall be ina type size at least as large as the price) that delay may be expected of a specified period. In such cases, one ofthe events described in (b) above must occur no later than one week after expiration of the period specified inthe advertisement; or3.To merchandise, such as quarterly magazines, which by their nature are not produced until a future date and forthat reason cannot be stocked at the time of order; or4.To installments other than the first of merchandise, such as magazine subscriptions, ordered for serial delivery.(e) It is an unlawful practice in connection with the advertisement or sale of merchandise for a person conducting a mailorder or catalog business to fail to disclose the legal name of the company and the complete and permanent streetaddress from which the business is actually conducted in any materials, including advertising and promotional
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2 materials, order blanks and order forms, which contain a mailing address other than the actual street address fromwhich the business actually engages in or conducts business.(f) The provisions of this section shall apply to any person who conducts a mail order or catalog business in or from theState of New Jersey or who advertises or sells merchandise via mail order or catalog into this State.SUBCHAPTER 2.(RESERVED)SUBCHAPTER 3.SALE OF MEAT AT RETAIL13:45A-3.1DefinitionsThe following words and terms, when used in this Subchapter, shall have the following meanings unless the contextclearly indicates otherwise.“Back ribs” means ribs derived from the rib area of pork loin.“Bottom sirloin butt” means meat derived from the posterior portion of the loin of cattle after removal of the short loinand which is the lower portion (ventral side) of the sirloin after removal of the top sirloin butt (dorsal side) by a cut followingthe natural muscle seam (blue tissue).“Club steak” means meat derived from the anterior end (rib end) of the short loin of cattle or the posterior end (loin end)of the rib. Any labeling of or advertising for “club steak” shall indicate short loin or rib, whichever is appropriate.“Delmonico steak” means boneless meat derived from the anterior end (rib end) of the short loin of cattle or the poste-rior end (loin end) of the rib. Any labeling of or advertising for “delmonico steak” shall indicate short loin or rib, whicheveris appropriate.“Filet mignon” means meat derived from the tenderloin (psoas muscle) of cattle.“Ground beef”, “ground veal”, “ground lamb” or “ground pork” means chopped, fresh and/or frozen meat, other thanfrom the heart, esophagus, the tongue or cheeks, of the species indicated without the addition of fat as such and shall notcontain more than 30 per cent of fat and shall not contain added water, binders or extenders.“Hamburger” means chopped fresh and/or frozen beef, other than from the heart, esophagus, tongue or cheeks, with orwithout the addition of beef fat as such and/or seasoning and shall not contain more than 30 per cent of fat and shall notcontain added water, binders or extenders.“Hanging tender” means meat derived from the thick, muscular dorsal attachment (pillar) of the diaphragm of cattle.Whenever such meat is labeled or advertised for sale at retail, the term “hanging tender”, and only said term, shall be used insaid labeling or advertising and then only if in conjunction with the term “pillar of diaphragm”.“Meat” means the edible part of the muscle of cattle, swine or sheep which is skeletal or which is found in the tongue,in the diaphragm, in the heart or in the esophagus, with or without the accompanying or overlying fat and portions of bone,skin, nerve and blood vessels which normally accompany the muscle tissue and which are separated from it in the process ofdressing. It does not include the muscle found in the lips, snout or ears.“Porterhouse steak” means meat derived from the short loin of cattle and which exhibits not less than 1 1/4 inch indiameter of tenderloin (psoas muscle).“Sale at retail” means a transaction wherein a person sells meat to the consumer, whether at the place of business of suchperson or whether such sale is consummated by mail, by telephone or in writing at a place other than at the place of business.Places of business carrying on the aforesaid transaction include, but are not limited to, supermarkets, grocery stores, butchershops, food freezer dealers and food plan companies.“Short loin” is the anterior portion of the loin of cattle remaining after the removal of the posterior portion (sirloin) of theloin and is obtained by a straight cut perpendicular to the contour of the outer skin surface and perpendicular to the splitsurface of the lumbar vertebrae and which passes through the ilium (pelvic bone) leaving a small part of hip bone in the shortloin.“Sirloin” is the posterior portion of the loin of cattle and is obtained by a straight cut made perpendicular to the contourof the outer skin surface and perpendicular to the split surface of the lumbar vertebrae and which passes flush with the ilium(pelvic bone) leaving a small part of hip bone in the short loin.
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3 “Sirloin knuckle” or “sirloin tip” means meat derived from the beef round by a straight cut from the knee cap parallel toand along the femur on the inside of the round and the natural seam of the outside of the round.“Sirloin steak” means meat derived from the posterior portion of the loin of cattle after removal of the short loin.“Skirt steak” means meat derived from the diaphragm of cattle.“Stew beef” means meat, other than from the heart, esophagus, tongue or cheeks, which is derived from cattle, slicedinto cubes and commonly used for stewing.“Strip loin steak” or “shell steak” means meat derived from that portion of the short loin of cattle remaining after thetenderloin (psoas muscle) has been removed.“Spare ribs” means ribs which are removed from the belly portion of the pork carcass mid-section extending from thescribe line at the fat back side of the belly to and including portions of the rib cartilages, with or without a portion of the splitbreast bone and with or without the skirt (diaphragm) remaining. Use of such term shall be confined to labeling or advertis-ing the said meat as herein defined.“T-bone steak” means meat derived from the short loin of cattle and which exhibits not less than 1/2 inch diameter oftenderloin (psoas muscle).“Tenderloin” means meat derived from the psoas muscle of cattle, sheep or swine.“Top sirloin butt” means meat derived from the posterior portion of the loin of cattle after removal of the short loin andwhich is the thick upper portion (dorsal side) of the sirloin after removal of the bottom sirloin (ventral side) by a cut follow-ing the natural muscle seam (blue tissue).“True name” means the species of animal, that is, beef, veal, lamb or pork, and the primal source or area of the animalcarcass from which meat is derived and shall consist of one, but not more than one, of the following:1.For beef--cheeks, tongue, gullets or esophagus, heart, neck, shoulder, brisket or breast, foreshank, chuck, dia-phragm, rib, plate, hind shank, round, rump, loin, flank or pillar of diaphragm:i.As used in relation to beef herein and as set forth in Chart 1 herein.“Brisket” or “breast” is derived from the area of the chuck which includes part of ribs one through five and the sternum(breast bone).“Chuck” is derived from that area of the forequarter containing ribs one through five without the neck, brisket andforeshank.“Diaphragm” is derived from the forequarter and includes the muscles and tendon attachments which separate thethoracic (chest) cavity from the abdominal cavity.“Flank” is derived by stripping the serous membrane from over the abdominis muscles (flank steak) by pulling theabdominis muscles from the thick membrane which lies underneath.“Foreshank” is derived from the upper portion of the foreleg and contains the upper shank bone.“Hind shank” is derived by cutting through the stifle joint severing the shank meat and shank bone from the round.“Loin” is located between the rib and the round and is removed by a cut between the 12 and 13 ribs (posterior end of therib) and contains the 13 ribs vertebrae, six lumbar vertebrae and five sacral vertebrae.“Neck” is derived from the area of the chuck containing atlas bone through the fifth cervical vertebrae.“Plate” is derived from the forequarter and includes the sixth through 12th ribs after removal of the plate approximatelyten inches from the chime bone.“Plate” is derived from the forequarter and includes the sixth through 12 ribs cut approximately ten inches from thechime bone.“Rib” is derived from the forequarter and includes the sixth through the 12 ribs after removal of the plate approximatelyten inches from the chime bone.“Round” is separated from the full beef loin by a straight cut which starts at a point on the backbone at the juncture of thelast (fifth) sacral vertebrae and the first tail (caudal) vertebrae, passes through a second point which is immediately anterior
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4 to the protuberance of the femur bone and exposes the ball of the femur and then continues in the same straight line beyondthe second point to complete the cut.“Rump” is derived from the round and is removed therefrom by a straight cut perpendicular to the outer skin surfaceimmediately posterior to, and parallel with, the long axis of the exposed surface of the aitch bone.“Shoulder” is derived from the area of the chuck which includes clod, forearm, brisket muscle and arm bone and mayinclude cross sections of the ribs:2.For veal--cheeks, tongue, gullets or esophagus, heart, neck, shank, breast, shoulder, rib, loin, sirloin, rump orleg:i.As used in relation to veal herein andas set forth in Chart 2 herein.“Breast” is derived by a cut perpendicular to the outer surface which passes through the cartilaginous juncture of thefirst rib and anterior extremity of the sternum and perpendicular to the long axis of the 12th rib approximately four inchesfrom the eye of the rib, and contains the sternum, first 12 ribs and all overlaying muscle, except the foreshank.“Leg” is removed from the sirloin and rump by a straight line cut perpendicular to the outer skin surface immediatelyposterior to and parallel with the long axis of the exposed surface of the aitch bone, leaving no part of the aitch bone in theleg. The separation of the sirloin and rump.“Loin” is located between the sirloin and rib and is removed from the rib by a cut between the 12th and the 13th ribs andfrom the sirloin by a cut perpendicular to the outer surface immediately anterior to and flush with the ilium (pelvic bone)leaving no part of the hip bone in the loin and includes the 13th rib vertebrae and five lumbar vertebrae.“Neck” is derived from the shoulder by a straight line cut in front of the blade bone approximately between the fourthand fifth cervical vertebrae and parallel to the rib end of the shoulder.“Ribs” is removed from the shoulder by cutting between the fifth and sixth ribs and contains featherbone, chime boneand rib bones.“Rump” is removed from the leg as aforesaid and is removed from the loin by a cut perpendicular to the outer skinsurface and perpendicular to the backbone at the anterior end of the hip bone leaving all the hip bone in the rump.“Shank” is derived from the leg bone (tibia) or the arm bone (radius).“Shoulder” is the section remaining after removal of the foreshank breast and neck and contains the first through thefifth ribs.“Sirloin” is derived from the anterior end of the rump by a cut perpendicular to the dorsal side starting at any point on thebackbone between the juncture of the last (fifth) lumbar vertebrae:3.For lamb--cheeks, tongue, gullets or esophagus, heart, neck, shank, breast, shoulder, rib, loin or leg:i.As used in relation to lamb herein and as set forth in Chart 3 herein.“Breast” is cut from the loin, neck and shoulder starting at the cod or udder to and through the shank just above theelbow.“Leg” is the portion remaining after the loin has been removed as aforesaid.“Loin” is separated from the leg by cutting just in front of the hip bone.“Neck” is derived from the anterior area of the shoulder and contains the atlas and cervical vertebrae.“Rib” is separated from the loin by cutting between the last two ribs.“Shoulder” is separated from the ribs by cutting between the fifth and sixth ribs.4.For pork--cheeks, tongue, gullets or esophagus, heart, tail, jowl, shoulder, shoulder picnic, shoulder butt, feet,side, spareribs, loin, loin-shoulder end or loin-rib end, loin-center cut, loin-loin end, fat back, ham or hock:i.As used in relation to pork herein and as set forth in Chart 4 herein.“Fat Back” is the section remaining after removal of the loin and side.
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5 “Ham” is the posterior portion of the hog side removed by a cut 2 1/4 to 2 3/4 inches anterior to the knob end of the aitchbone. The cut shall be at right angles to an imaginary line from the tip of the aitch bone through the center of the ham andshank. At the flank pocket the cut shall divert at a 45 degree angle posteriorly.“Jowl” shall be removed closely to the body of the shoulder on a line approximately parallel to the opposite straight cutside of the shoulder, starting behind the “ear dip” which must remain on the jowl, and continuing the cut so as to remove theentire jowl.“Loin” is removed from the middle portion by a cut (scribe) extending from a point on the first rib of the loin which isnot more than 1 3/4 inches from the junction of the foremost rib and the foremost thoracic vertebrae to a point on the ham endwhich is immediately adjacent to the major tenderloin muscle. The loin shall be removed from the fat back and shall contain11 or more ribs, seven lumbar vertebrae and at least three sacral vertebrae.“Loin-center cut” is derived from the pork loin after the shoulder end has been removed by cutting crosswise to thelength of the loin at a point posterior to the edge of the scapular cartilage and from which the ham end of the loin has beenremoved by cutting crosswise to its length anterior to the cartilage on the tuber coxae.“Loin-loin end” is derived from the posterior end of the loin by a cut perpendicular to the length of the loin flush with thelast rib and usually includes the hip (pelvic) bone.“Loin-shoulder end” or “loin-rib end” is derived from the anterior end of the loin by a cut perpendicular to the length ofthe loin flush with the last rib and usually includes the blade bone.“Shoulder” includes the shoulder picnic and shoulder butt and is derived by a cut starting at a point in the armpit that isnot more than one inch posterior to the elbow joint, but does not expose the elbow joint, and continues reasonably straightacross the hog hide. The foot, ribs and related cartilages, breast bone, intercostal meat, breast flap, and neck bones shall beexcluded.“Shoulder picnic” is separated from the “shoulder butt” by a cut which is reasonably straight and perpendicular to theoutside skin surface (not slanted or under cut) and approximately parallel to the breast side of the shoulder leaving all themajor shoulder bone (humerus) and not less than one nor more than two inches of the blade bone (scapula) in the shoulderpicnic.“Side” (belly) shall be separated from the fat back on a straight line not more than 3/4 inch beyond the outermostcurvature of the scribe line. The belly must be boneless and the major cartilages of the sternum and the ribs must be closelyand smoothly removed without deep scoring. Any enlarged soft, porous, or seedy mammary tissue and the pizzle recess ofbarrow bellies must be removed.5.The true name for pork chops shall consist of one of the following primal sources: shoulder or blade, rib, loin,center, or loin end or sirloin.“Veal cutlet” means a single slice of veal derived from the leg and contains top, bottom, eye and sirloin tip and crosssection of the leg bone. If the word “cutlet” is used in labeling or advertising a single slice of meat derived other than fromthe leg of veal, the species of animal and primal source from which such meat is derived shall precede the word “cutlet” in atleast the same size and style lettering and on the same background as the word “cutlet”, for example:VEAL SHOULDER CUTLET13:45A-3.2Labeling and advertising requirements(a) Except as otherwise exempted in this rule, no person shall produce, prepare, package, advertise, sell or offer for saleat retail any meat unless it is clearly and conspicuously labeled or advertised, as the case may be, as to its true name.(b) This Section shall not require the labeling of meat cut to the order of the retail customer.13:45A-3.3Exemption for certain meatsThe provisions of N.J.A.C. 13:45A-3.2(a) shall not apply to bacon, filet mignon, ground beef, ground veal, groundlamb, ground pork, hamburger, porterhouse steak, sirloin steak, stew beef, T-bone steak, beef tenderloin, pork tenderloin orveal cutlet provided, in the case of any one of these meats, it is clearly and conspicuously labeled or advertised as to its nameset forth in this Section.
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6 13:45A-3.4Exemptions for meat inspected under United States Department of Agriculture(a) The provisions of this rule shall not apply to meat which is produced, prepared or packaged for sale at retail withinthe State of New Jersey under meat inspection of the United States Department of Agriculture until after such meatleaves the premises of a United States Department of Agriculture official establishment for distribution.(b) The provisions of this rule shall not apply to meat which is produced, prepared or packaged under meat inspection ofthe United States Department of Agriculture for sale at retail outside the States Department of Agriculture for sale atretail outside the State of New Jersey.13:45A-3.5Name in addition to the species and primal cut(a) A name in addition to the species and primal cut of a meat as set forth in Section 1 of this Subchapter may be used inlabeling such meat provided that the requirements of this rule are complied with and that any such additional nameor labeling appears contiguous to the species and primal cut name in letters of the same size and style, for example:SANDWICH STEAKBEEF TOP ROUND(b) Such name shall not be false, misleading, deceptive or confusing in any way.13:45A-3.6Advertising when additional name used(a) If a name in addition to the species and primal cut as set forth in Section 5 (Name in addition to the species andprimal cut) of this Subchapter is used in advertising meat, the species and primal cut of the meat shall be prominentlydisplayed contiguous to the additional name and be shown in the same style lettering and on the same background asthe addition name and meet the following requirements as to size:1.If the additional name is one inch or more in height, the species and primal cut shall be at least 1/4 the size of theadditional name in height.2.If the additional name is less than one inch in height, the species and primal cut shall be at least 1/3 the size ofthe additional name in height.13:45A-3.7Use of United States Department of Agriculture grading termsUnited States Department of Agriculture grading terms, for example, “prime”, “choice” and the like, shall not be usedin labeling or advertising meat unless the carcass or part thereof from which such meat is derived has been so marked by theUnited States Department of Agriculture.13:45A-3.8Use of United States Department of Agriculture grading terms for porkUnited States Department of Agriculture grading terms, for example, “prime”, “choice” and so forth shall not be usedin labeling or advertising pork.13:45A-3.9Labeling or advertising when certain United States Department of Agriculture grading terms usedIf meat is advertised, sold or offered for sale at retail and the carcass or part thereof from which such meat is derived hasbeen marked with a United States Department of Agriculture grade other than “prime” or “choice”, the trading term orrecognized abbreviation thereof of such meat shall appear contiguous to the true name of such meat and be at least as equalin size toand as prominent as the true name, for example:BEEF ROUNDUNITED STATES COMMERCIAL13:45A-3.10 Labeling of certain meat food products(a) Any meat food product in the form of chopped and shaped steaks, patties, loaves, loaf mixes, and so forth which isuncooked and contains fat, extenders and/or added water, flavorings, batter, breading, and so forth shall display alabel clearly and conspicuously exhibiting the product name, qualifying statement, if appropriate, and ingredientstatement.
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7 (b) The ingredients in such meat food product shall be listed by their common usual names in the descending order ofthe amount of each ingredient used in formulating the product together with the percentage of each such ingredientcontained therein, for example:“BEEF PATTY, Beef fat and cereal added”Ingredients: Beef 77%, Beef Fat added 8%,Cereal 7%, Added water 6%, Flavoring 1%,Monosodium Glutamate 1%, total fat not in excess of 30%or“BREADED VEAL STEAK, Beef fat added,chopped and shaped”Veal 61%, Breading and Batter not inexcess of 30% (Flour, Water, Salt,Nonfat Dry Milk, Baking Powder, DryEggs, Monosodium Glutamate, Dextrose,Flavorings,) Beef fat added 8%,Monosodium Glutamate 1%. Total fat notin excess of 30%.(c) Any meat food product to which this Section is applicable shall not contain more than 30 per cent fat and the label forsuch product shall so indicate.(d) The amount of batter and breading used as a coating for breaded product shall not exceed 30 per cent of the weightof the finished breaded product and the label for such product shall so indicate.13:45A-3.11Fabricated steakFabricated beef steaks, veal steaks, beef and veal steaks, or veal and beef steaks, and similar products, such as thoselabeled “Beef Steak, Chopped, Shaped, Frozen,” “Veal Steaks, BeefAdded,” Chopped--Molded--Cubed--Frozen, HydrolizedPlant Protein and Flavoring shall be prepared by comminuting and forming the product from fresh and/or frozen meat; withor without added fat, of the species indicated on the label. Such products shall not contain more than 30 per cent fat and shallnot contain added water, binders or extenders.13:45A-3.12 Supply of meat advertisedNo person shall advertise meat for sale at retail unless such person shall have available at all outlets listed in theadvertisement a sufficient quantity of the advertised meat to meet reasonably anticipated demands, unless the advertisementclearly and adequately discloses that supply is limited and/or the product is available only at designated outlets.13:45A-3.13 Frozen meatAll meat other than that which is used in hamburger, ground beef, ground pork, ground veal or ground lamb which hasbeen frozen at any time prior to such meat being offered or exposed for sale at retail shall be clearly and conspicuouslylabeled or advertised as “Frozen” or “Frozen and thawed”, whichever is appropriate, and such term shall be contiguous toand in the same size and style lettering and on the same background as the product name.13:45A-3.14 ViolationsWithout limiting any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A. 56:8-1et seq., anyviolation of the provisions of this rule shall be subject to the sanctions contained in said Consumer Fraud Act.13:45A-3.15 Meat charts(a) The meat charts referred to in this rule are as follows:
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12 SUBCHAPTER 4.BANNED HAZARDOUS PRODUCTS13:45A-4.1Unconscionable commercial practiceIt shall be an unconscionable commercial practice for any person, including any business entity, to manufacture, distrib-ute, sell or offer for sale any consumer product contrary to any order of the Consumer Product Safety Commission, pursuantto 15 U.S.C. §2051 et seq.13:45A-4.2Consumer product defined(a) For purposes of this rule, the term “consumer product” means any article or component part thereof, produced ordistributed:1.For sale to a consumer for use in or around a permanent or temporary household or residence, a school, inrecreation or otherwise; or2.For the personal use, consumption or enjoyment of a permanent or temporary household or residence, a school,in recreation or otherwise.13:45A-4.3ViolationsWithout limiting the prosecution of any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A.56:8-1 et seq. any violation of the provisions of this rule shall be subject to the sanctions contained in said Consumer FraudAct.SUBCHAPTER 5.DELIVERY OF HOUSEHOLD FURNITURE AND FURNISHINGS13:45A-5.1Deceptive practices; generally(a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used formerchandise ordered for future delivery shall:1.Deliver all of the ordered merchandise by or on the promised delivery date; or2.Provide written notice to the consumer of the impossibility of meeting the promised delivery date. The noticeshall offer the consumer the option to cancel said order with a prompt, full refund of any payments alreadymade or to accept delivery at a specified later time. Said written notice shall be mailed on or prior to thedelivery date.(b) In the event a seller fails to deliver all of the ordered merchandise on the promised delivery date and makes only apartial delivery, the seller shall comply with the notice requirement of (a) above. Said notice shall offer the con-sumer the option of cancelling the order with a prompt, full refund of any payments already made or acceptingdelivery of the balance of the ordered merchandise at a specified later date.(c) Failure to comply with (a) above shall constitute a deceptive practice under the Consumer Fraud Act.(d) For purposes of this rule, “household furniture” includes, but is not limited to, furniture, major electrical appliances,and such items as carpets and draperies.(e) For the purposes of this section, delivery of furniture or furnishings that are damaged or that are not the exact size,style, color or condition indicated on the sales contract, shall not constitute delivery as required by (a)1 above.1.Upon receipt of such non-conforming merchandise, the consumer shall have the option of either accepting thefurniture or of exercising any of the options set forth in (a)2 above.13:45A-5.2Contract forms; date of order(a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence inten-point bold face type:The merchandise you have ordered is promised for delivery to you on or before (insert date or length of timeagreed upon).(b) The blank delivery date shall be filled in by the seller either as a specific day of a specific month or as a length of timeagreed upon by the buyer and seller (for example, “six weeks from date of order”).
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13 13:45A-5.3Contract form; delayed delivery(a) The contract forms or sales documents shall conspicuously disclose the seller’s obligations in the case of delayeddelivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on the first page of the contract form or salesdocument, the following notice in ten-point bold face type:If the merchandise ordered by you is not delivered by the promised delivery date, (insert name of seller) mustoffer you the choice of (1) canceling your order with a prompt, full refund of any payments you have made, or(2) accepting delivery at a specific later date.(b) The provisions of this subchapter shall apply to any person who sells household furniture in or from the State of NewJersey or to any person located outside of the State of New Jersey who sells household furniture into this State.(c) It shall be unlawful for any person to use any contract or sales agreement that contains any terms, such as “all salesfinal” or “no cancellations”, which violate or are contrary to the rights and responsibilities provided for by this rule.Any contract or sales agreement which contains such a provision shall be null and void and unenforceable.13:45A-5.4Violations; sanctionsWithout limiting the prosecution of any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A.56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions contained in said ConsumerFraud Act.SUBCHAPTER 6. THROUGHSUBCHAPTER 8.(RESERVED)SUBCHAPTER 9.GENERAL ADVERTISING13:45A-9.1DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly indicates otherwise.“Advertisement” means any attempt by an advertiser, other than by use of a price tag, catalog or any offering for the saleof a motor vehicle subject to the requirements of N.J.A.C. 13:45A-26A, to directly or indirectly induce the purchase or rentalof merchandise at retail, appearing in any newspaper, magazine, periodical, circular, in-store or out-of-store sign or otherwritten matter placed before the consuming public, or in any radio broadcast, television broadcast, electronic medium ordelivered to or through any computer.“Advertiser” means any person as defined by N.J.S.A. 56:8-1(d) who in the ordinary course of business is engaged in thesale or rental of merchandise at retail and who placed, either directly or through an advertising agency, an advertisementbefore the public.“Catalog” means a multi-page solicitation in which a seller offers goods for sale or rental for a seasonal or specifiedperiod of time, from which consumers can order goods directly without going to the seller’s place of business. An advertis-ing circular, distributed through inclusion in a newspaper, representing a seller’s partial offering of goods for sale or rentalfor a period of time not to exceed two weeks, shall not be considered a catalog.“Closeout sale” means a sale in which an advertiser offers for sale at a reduced price items of merchandise remaining atone or more specified locations which the advertiser will not have available for sale within a reasonable period of time afterall such items have been sold.“Division” means the Division of Consumer Affairs.“Factoryoutlet” meansanestablishment ownedby a manufacturerthat isusedprimarilytooffer, at retail, the manufacturer’sproducts directly to the consumer for his or her own use and not for resale.“Fictitious former price” means an artificially inflated price for an item or items of merchandise established for thepurpose of enabling the advertiser to subsequently offer the item or items at a large reduction.“Former price or price range” in a price reduction advertisement means an advertised price or price range for an item ofmerchandise that has been offered or sold by the advertiser in his or her trade area or competitors in their trade area.“Home appliance” means any electrical, mechanical or thermal article produced or distributed for sale to a consumer foruse in or around a permanent or temporary household or residence including, but not limited to, air conditioners, cameras,
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14 computers, dehumidifiers, dishwashers, dryers, electric blankets, electronic games, fans, freezers, motorized kitchen aids,ovens, radios, ranges, refrigerators, stereo equipment, televisions and washers.“Merchandise” means any objects, wares, goods, commodities, services or anything offered directly or indirectly to thepublic for sale or rental at retail.“Multi-tiered pricing” means a form of offer where the price of merchandise or the extent of a discount is contingentupon the consumer’s merchandise selections, such as the number of units purchased, the purchase of other merchandisepursuant to the terms of the advertiser’s offer, or the total dollar amount of the consumer’s order, for example, “Buy two cansof soda, get a third can at half price.”“Percentage-off discount” means an offer to sell merchandise expressed in terms of a percentage reduction or range ofpercentage reductions in price, such as “10% off” or “25% to 50% off.”“Point of display” means a location within a retail establishment where an item of merchandise is displayed for thepurpose of selection by the consumer with the intention of purchase.“Point of sale” means any location in a retail establishment where purchases of merchandise are totaled by a scanner andpayment is made by a consumer.“Point of sale discount” means a price reduction which, although it is advertised or posted at the point of display, isautomatically applied to reduce the retail price of the merchandise at the time it is scanned for consumer purchase, or a pricereduction manually entered through a cash reduction or similar device, then scanned for consumer purchase.“Price advertisement” means any advertisement in which a specific dollar price is stated with regard to specific adver-tised merchandise.“Price reduction advertisement” means an advertisement which in any way states or suggests directly or indirectly thatmerchandise is being offered or made available for sale at a price less than that at which it has been routinely sold or offeredfor sale in the past or at which it will be sold or offered for sale in the future. The following words and terms or theirsubstantial equivalent, when used in any advertisement except when used exclusively as part of the advertiser’s corporate,partnership or trade name, shall be deemed to indicate a price reduction advertisement: sale, discount, special savings, pricecut, bargain, reduced, prices slashed, clearance, regularly, usually, cut rate, originally, formerly, warehouse or factory clear-ance, buy one get one free, at cost, below cost, wholesale.“Rain check” means a written statement issued by an advertiser allowing the purchase of designated merchandise at apreviously advertised price.“Scanner” means an electronic system that employs a laser bar code reader to retrieve product identity, price and otherinformation stored in computer memory.“Targeted discount” means a price reduction on merchandise which reduction is restricted to customers designated bythe advertiser, such as those who possess a card or other device bearing a scanner-readable code issued by the advertiser, aparticular type of credit card, or some other device which, when read by the scanner, shall apply the discount at the time ofpurchase.“Trade area” means that geographical area in which an advertiser solicits or makes a substantial number of sales.13:45A-9.2General advertising practices(a) Without limiting the application of N.J.S.A. 56:8-1 et seq., the following practices shall be unlawful with respect toall advertisements:1.The failure of an advertiser to maintain and offer for immediate purchase advertised merchandise in a quantitysufficient to meet reasonably anticipated consumer demand therefor. When an advertisement states a specificperiod of time during which merchandise will be available for sale, a sufficient quantity of such merchandiseshall be made available to meet reasonably anticipated consumer demand during the stated period. When nostated period appears in the advertisement, a sufficient quantity of merchandise shall be made available to meetreasonably anticipated consumer demand during three consecutive business days commencing with the effec-tive date of the advertisement. The requirement of this subsection shall not be applicable to merchandise whichis advertised:i.On an in-store sign only with no corresponding out-of-store sign;
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15 ii.As being available in a specific quantity; oriii. As being available in a “limited supply,” pursuant to a “closeout sale” or pursuant to a “clearance sale” ifsuch offering meets the definition of a closeout sale; or if represented to be permanently reduced.2.The failure of an advertiser to specifically designate within an advertisement which merchandise items possessspecial or limiting factors relating to price, quality, condition or availability. By way of illustration, and not bylimitation, the following shall be deemed violative of this subparagraph:i.The failure to specifically designate which merchandise items are below cost, if any amount less than alladvertised items are below cost, when a statement of below cost sales is set forth in an advertisement;ii.The failure to specifically designate which merchandise items, if any, are damaged or in any way less thanfirst quality condition;iii. The failure to specifically designate merchandise as floor models, discontinued models or one of a kind,when applicable;iv. The failure to clearly designate or describe the retail outlets at which advertised merchandise will or will notbe available. Such information need not be disclosed on any in-store advertisement.3.The failure to conspicuously post notice of advertised merchandise, on the business premises to which theadvertisement applies, in proximity to the advertised merchandise or at all entrances to the business premises.Such notice may consist of a copy of the advertisement or may take the form of a tag attached to the merchan-dise or any sign with such terms as “sale,” “as advertised,” “20% off.”4.In any price advertisement in which a home appliance is offered for sale, the failure of an advertiser to disclosethe following information relating to the advertised merchandise: the manufacturer’s name or the merchandisetrade name, the model or series number and such other information as may be necessary to clearly delineate theadvertised item from other similar merchandise produced by the same manufacturer.5.The use of any type, size, location, lighting, illustration, graphic depiction or color resulting in the obscuring ofany material fact.6.The use of the terms “Public Notice,” “Public Sale” or words or terms of similar meaning in any advertisementoffering merchandise for sale, where such sale is not required by court order or by operation of law, other thana sale conducted by an auctioneer on behalf of a non-business entity.7.Describing the advertiser through the use of the terms “warehouse,” “factory outlet,” “discount,” “bargain,”“clearance,” “liquidators,” “unclaimed freight,” or other words or terms of similar meaning, whether in theadvertiser’s corporate, partnership or trade name or otherwise, where such terms do not reflect a bona fidedescription of the advertiser being described.8.Whenever an advertiser provides a raincheck for an advertised item which is not available for immediatepurchase, the failure to:i.Honor or satisfy such raincheck within 60 days of issuance unless an extension of such time period is agreedto by the holder thereof; andii.Give written or telephonic notice to the holder thereof when the merchandise is available and hold suchmerchandise for a reasonable time after giving such notice, for all merchandise with an advertised pricegreater than $15 per unit; andiii. Offer a raincheck to all customers who are unable, due to the unavailability thereof, to purchase the adver-tised merchandise during the period of time during which the merchandise has been advertised as availablefor sale.9.The making of false or misleading representations of facts concerning the reasons for, existence or amounts ofprice reductions, the nature of an offering or the quantity of advertised merchandise available for sale.10. The failure of an advertiser to substantiate through documents, records or other written proof any claim maderegarding the safety, performance, availability, efficiency, quality or price of the advertised merchandise, na-ture of the offering or quantity of advertised merchandise available for sale. Such records shall be madeavailable upon request for inspection by the Division or its designee at the advertiser’s regular place of business
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16 or central office in New Jersey, or, at the advertiser’s option, the Division’s designated offices, for a period of 90days following the effective date of the advertisement.11. The use, directly or indirectly, of a comparison to a suggested retail price, inventory price, invoice price orsimilar terms that directly or indirectly compare or suggest the comparison between the cost of supply and theprice at retail for the advertised merchandise.12. Use of the term “cost,” “wholesale” or other similar terms to describe an advertised price where such price isnot equal to or less than the price per unit paid by the advertiser to the manufacturer or distributor of themerchandise. In the computation of the price per unit of the advertised merchandise, freight may be included ifthe advertiser pays for same and is not reimbursed therefore, but handling and all overhead or operating ex-penses shall be excluded.13. (Reserved)13:45A-9.3Price reduction advertisements; merchandise advertised at a price of less than $100.00(a) An advertiser offering a price reduction on merchandise at a price of less than $100.00 shall, in addition to comply-ing with the provisions of N.J.A.C. 13:45A-9.2:1.State with specificity in any price reduction advertisement the period of time during which the price reductionshall be applicable, unless that merchandise is advertised in the manner set forth in N.J.A.C. 13:45A-9.2(a)1ithrough iii;2.Ensure that the amount of the price reduction is sufficiently large that the consumer, if he or she knew what theformer price was, would believe that a genuine bargain or saving was being offered; and3.Comply with the provisions of N.J.A.C. 13:45A-9.4 if the advertisement makes reference to a former price orprice range; however, this requirement shall not apply to merchandise discount offers made in accordance withN.J.A.C. 13:45A-9.8.13:45A-9.4Price reduction advertisements; items of merchandise specifically advertised at a price of morethan $100.00(a) An advertiser offering an item of merchandise specifically advertised for sale at a price of $100.00 or more shall, inaddition to complying with the provisions of N.J.A.C. 13:45A-9.2:1.State the selling price or price range;2.State the former price or price range or the amount of the reduction in dollars;3.State with specificity in any price reduction advertisement the period of time during which the price reductionshall be applicable, unless the merchandise is advertised in the manner set forth in N.J.A.C. 13:45A-9.2(a)1ithrough iii;4.Set forth the former price or price range or the amount of reduction in dollars in close proximity to the sellingprice or price range and the advertised item;5.Set forth the basis upon which the former price or price range or the amount of reduction in dollars was estab-lished in close proximity to the former price or price range of the advertised item. In this regard, terms such as“comparable value,” “competitor’s price,” “our regular price,” or, words of similar import shall be used todesignate the basis for the former price; and6.Set forth with specificity when in the remote past a former price of an item of merchandise was effective if itwas not actively or openly offered for sale within the advertiser’s trade area in the regular course of businessduring at least 28 of the 90 days before the effective date of the advertisement. In this regard, when advertisinga seasonal sale, such as Christmas dishes, pool supplies, outdoor furniture, etc., actual dates, specific holidaysor terms such as “last season,” may be used to describe when the former price was used in the remote past.(b) A former price or a selling price may be stated in terms of a price range when, and only when:1.An advertiser operates more than one retail outlet at which advertised merchandise has been or will be availablefor purchase at different prices in the ordinary course of business. In such case, the price range shall be basedupon the sales or offers of sale at the advertiser’s retail outlets; or
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17 2.An advertiser advertises two or more items of comparable merchandise as available at reduced prices, in whichcase the price range shall be based upon former or usual selling prices of the advertised products.i.The following examples would comply with this paragraph: “Regular price $110 to $125--On sale for$100"; “Brand X 19” color TV--Regularly $250 to $300. Now $150 to $200.”13:45A-9.5Price reduction advertisements; merchandise advertised as a savings of a percentage or a rangeof percentages(a) An advertiser offering merchandise for sale at a savings of a percentage or a range of percentages (such as “save 20%or 20% to 50% off”) shall, in addition to complying with the provisions of N.J.A.C. 13:45A-9.2:1.State the minimum percentage reduction as conspicuously (such as the same size print) as the maximum per-centage reduction when applicable; and2.Set forth the basis upon which the former price was established pursuant to N.J.A.C. 13:45A-9.6(b), in closeproximity to the percentage reduction. In this regard, terms such as “competitor’s price” or “our regular price”or words of similar import shall be used to designate the basis for the former price.(b) Percentage-off discounts made in accordance with N.J.A.C. 13:45A-9.8 shall be exempt from the requirements of(a) above.13:45A-9.6Pricing; prohibition on fictitious pricing and methods of substantiation(a) An advertiser shall not use a fictitious former price. Use of a fictitious former price will be deemed to be a violationof the Consumer Fraud Act.(b) A former price or price range or the amount of reduction shall be deemed fictitious if it can not be substantiated,based upon proof:1.Of a substantial number of sales of the advertised merchandise, or comparable merchandise of like grade orquality made within the advertiser’s trade area in the regular course of business at any time within the mostrecent 60 days during which the advertised merchandise was available for sale prior to, or which were in factmade in the first 60 days during which the advertised merchandise was available for sale following the effectivedate of the advertisement;2.That the advertised merchandise, or comparable merchandise of like grade or quality, was actively and openlyoffered for sale at that price within the advertiser’s trade area in the regular course of business during at least 28days of the most recent 90 days before or after the effective date of the advertisement; or3.That the price does not exceed the supplier’s cost plus the usual and customary mark-up used by the advertisingmerchant in the actual sale of the advertised merchandise or comparable merchandise of like grade or qualityin the recent regular course of business.(c) If the former price specifically references a time in the remote past during which it was offered, it shall be deemedfictitious unless substantiated pursuant to either (b)1 or 3 above.(d) The following examples of fictitious pricing are provided for illustration only and are not intended to limit the typesof advertising the Division shall consider to be fictitious:1.John Doe is a retailer of Brand X fountain pens which cost him $5.00 each. His usual markup is 50 percent overcost. That is, his regular retail price is $7.50. In order subsequently to offer an unusual “bargain,” Doetemporarily raises the price of Brand X pens to $10.00 each. In so doing, Doe realizes that he will only be ableto sell a few pens, if any, at this inflated price. But he does not care, because he intends to maintain that pricefor only a few days. Then he “cuts” the artificially inflated price of $10.00 to the usual price--$7.50 at whichtime he advertises: “Terrific Bargain: X Pens, Were $10, Now Only $7.50.” This is obviously a false claim.The advertised “bargain” is not genuine.2.Retailer Doe advertises Brand X pens as having a “Retail Price $15.00, My Price $7.50,” when, in fact, only afew small suburban boutique-type stores in the area charge $15.00. All of the larger outlets, like retailer Doe’s,located in and around the main shopping areas charge approximately $7.50. This advertisement would bedeceptive because the price charged by the small suburban boutique or specialty stores would have no real
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18 significance to Doe’scustomers, to whom the advertisement of “Retail Value $15.00” would suggest a prevail-ing, and not merely an isolated and unrepresentative price in the area in which they shop.3.Retailer Doe advertises Brand X pen as “Comparable Value $15.00” when only a small number of unrepresen-tative specialty stores in the trade area offer BrandY, an essentially similar pen, for that price. This is a relatedform of misleading advertising because the price of the comparable merchandise (that is, Brand Y), which iscited for comparison is not representative of the price for BrandY being charged by representative retail outletsin the advertiser’s trade area.13:45A-9.7Application of regulation(a) This subchapter shall apply to the following advertisements:1.Any advertisement uttered, issued, printed, disseminated or distributed within this State concerning goods andservices advertised as available at locations exclusively within this State; and2.Any advertisement, other than radio and television broadcasts, issued, printed, disseminated or distributed toany substantial extent within this State concerning goods and services advertised as available at locationswithin this State and outside this State; and3.Any advertisement, other than radio and television broadcasts, issued, printed, disseminated or distributedprimarily within this State concerning goods and services advertised as available at locations exclusively out-side this State; and4.Any radio and television broadcasts uttered, issued, disseminated or distributed primarily within this State andoutside this State, or at locations exclusively outside this State.(b) An advertiser, a manufacturer, an advertising agency and the owner or publisher of a newspaper, magazine, periodi-cal, circular, billboard or radio or television station acting on behalf of an advertising seller shall be deemed anadvertiser within the meaning of this subchapter, when such entity prepares or places an advertisement for publica-tion. No such entity shall be liable for a violation of this subchapter when the entity reasonably relies upon data,information or materials supplied by an advertising seller for whom the advertisement is prepared or placed or whenthe violation is caused by an act, error or omission beyond the entity’s control, including but not limited to, thepost-publication performance of the advertising seller. Notwithstanding that an advertisement has been prepared orplaced for publication by one of the aforementioned entities, the advertiser on whose behalf such advertisement wasplaced may be liable for any violation of this subchapter.(c) An advertiser has no liability under this subchapter for a failure to comply with any requirement thereof if theadvertiser shows by a preponderance of evidence that failure to comply resulted from actions of persons other thanthe advertiser which were not, or should not have been reasonably anticipated by the advertiser; or that such failurewas the result of a labor strike or a natural disaster such as, but not limited to, fires, floods and earthquakes.(d) If any provisions of this subchapter or the application thereof to any person or circumstances is held unconstitu-tional or beyond the statutory powers of the Attorney General, the remainder of this subchapter and the applicationof such provisions to other persons or circumstances shall not be affected13:45A-9.8Retail discounts in scanner stores; percentage-off discounts; point-of-sale discounts; multi-tieredpricing offers; targeted discounts(a) Retail establishments which use scanners that have the capability of providing percentage-off discounts, and wish tooffer percentage-off discounts at the point of sale shall set forth the regular price and the price after any discounts aretaken relating to the merchandise purchased by the consumer on the register receipt given to the consumer at thepoint of sale.(b) An advertiser who offers a percentage-off discount is not required to disclose the basis of the percentage reduction orthe regular price or price range in an advertisement pursuant to N.J.A.C. 13:45A-9.5 provided that:1.The retail price per unit of merchandise is less than $100.00; and2.The regular price and the price after any discounts are taken are set forth on the register receipt given to theconsumer at the point of sale.
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19 (c) An advertiser may discount merchandise at the point of sale without marking the merchandise with the discountedprice provided that the following information is posted conspicuously in the form of a notice at the point of display:1.A description of the merchandise or the range or category of merchandise and the price to which the discountshall apply;2.A notice that the discount will be taken at the time of purchase; and3.The specific amount or type of discount applicable, such as “$10.00 off” or “25% off posted price.”(d) Advertisements and point of display materials involving multi-tiered pricing offers made by advertisers shall containthe following:1.All retail prices or discounts comprising the offer and the types of purchases to which they apply, for example:i.“Treefree Paper Towels--Get first roll at 79¢, 2nd roll at 69¢ and each additional roll at 59¢”;ii.“Wonder Hot Dog Rolls--$1.09 only; 79¢ with purchase of Plochman’s Mustard”; and2.Any limitations applicable to the offer, such as the type, brand or size of the merchandise or restrictions on thenumber of units which may be purchased.(e) Advertisements containing targeted discounts shall conspicuously state that the offer is limited to a certain categoryof consumer and shall specifically identify those consumers. If the merchandise to be discounted is also beingadvertised at a reduced price for all consumers, the advertisement shall clearly distinguish between the types ofoffers made by the advertiser and identify those consumers who are entitled to each offer.1.Any targeted discounts or pricing information posted at the point of display shall clearly and conspicuouslystate that the offer is limited, and shall identify the customers who are entitled to take advantage of the offer.SUBCHAPTER 10.SERVICING AND REPAIRING OF HOME APPLIANCES13:45A-10.1DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly indicates otherwise:“Home appliance” means any electrical, mechanical or thermal article produced or distributed for sale to a consumer foruse in or around a permanent or temporary household or residence including, but not limited to, air conditioners, cameras,computers, dehumidifiers, dishwashers, dryers, electric blankets, electronic games, fans, freezers, motorized kitchen aids,ovens, radios, ranges, refrigerators, stereo equipment, television and washers.“Home appliance dealer” means any person, including any business entity who, in the ordinary course of business, isengaged in the advertising, sale or lease of home appliances.“Home appliance repairer” means any person, including any business entity who, in the ordinary course of business, isengaged in the service or repair of home appliances.13:45A-10.2 Required information(a) Whenever a consumer purchases a home appliance, the home appliance dealer shall supply the consumer with awritten copy of any information concerning:1.Manufacturer’s warranties, if any are still applicable;2.Dealer’s warranties, if any;3.Dealer’s service contract, if such is agreed upon, which shall include a clear statement of:i.Any basic “diagnostic” charges or any additional set fee;ii.The methods used to determine any additional charge including the charge for labor and parts;iii. The legal name and business address of the seller, including the legal name and business address of the salesrepresentative or agent who solicited or negotiated the contract for the seller; and4.Whether the item being purchased is reconditioned or refurbished.
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20 (b) Whenever a consumer requests service on a home appliance from a home appliance repairer, the home appliancerepairer shall disclose before the consumer becomes committed to any expense:1.Any diagnostic charges or other set fees; and2.The methods used to determine the total charge including the charges for labor and parts.(c) If the home appliance repairer is also the dealer from whom the appliance was purchased and there was a servicecontract covering the requested services, the provisions of (b) above shall not apply.13:45A-10.3 Deceptive practices(a) Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act,N.J.S.A. 56:8-1 et seq., the following acts or omissions shall be deceptive practices in the conduct of the business ofrepairing and servicing home appliances:1. Commencing work other than diagnostic work or work included in a diagnostic fee without having obtainedthe consumer’s signature or the signature of the consumer’s agent on a written itemized estimate of the laborand parts necessary, including specific notation of exchange price on parts where applicable. If such writtenconsent cannot be obtained, repair work may be commenced only if the consumer has been advised of theestimate and has consented thereto and the person advising the consumer has noted the conversation on theestimate as well as the date, time and phone number at which he reached the consumer.2.Failure to provide the consumer with a copy of the above authorization and any other servicer’s receipt ordocument requiring the consumer’s signature, as soon as the consumer signs such document.3.Making any deceptive or misleading statements, including but not limited to false or unrealistic promises andgroundless estimates of a character likely to influence, persuade or induce a consumer to authorize the repair orservice of a home appliance.4.Charging the consumer for work done or parts supplied in excess of the estimated price without the oral orwritten consent of the consumer, which shall be obtained after it is determined that the estimated price isinsufficient and before the work not estimated is done or the parts not estimated are supplied. If such consentis oral, the supplier of services shall make a notation on the documentation previously signed by the consumerof the date, time, name of the person authorizing the additional repairs and the telephone number, if any,together with a specification of the additional parts and labor and the total additional cost.5.Failure to offer to return replaced parts to the consumer at the time of completion of the work, provided that theparts by virtue of their size, weight or other similar factors or for any safety reasons are not practical to return,unless the estimate and bill make specific reference to an exchange price for a particular part.13:45A-10.4 Exceptions(a) The provisions of N.J.A.C. 13:45A-10.2 and 10.3 above shall not apply to the repair and servicing of the followingif the repair or servicing required is such as to constitute an emergency which presents an imminent hazard or threatto life or health:1.Gas or oil consuming appliances;2.Central heating and cooling systems;3.Heat pumps;4.Self contained combination heating and cooling systems.13:45A-10.5 ViolationsWithout foreclosing the prosecution of any other practices which may be unlawful under the Consumer Fraud Act,N.J.S.A. 56:8-1 et seq., any violations of the provisions of this rule shall be subject to the sanctions contained in saidConsumer Fraud Act.
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21 SUBCHAPTER 11.(RESERVED)SUBCHAPTER 12.SALE OF ANIMALS13:45A-12.1 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly indicates otherwise:“Animal” means a dog or cat.“Consumer” means any natural person purchasing a dog or cat from a pet dealer.“Division” means the Division of Consumer Affairs, Department of Law and Public Safety.“Kennel” means the business of boarding dogs or cats or breeding dogs or cats for sale.“Person” means any person as defined by N.J.S.A. 56:8-1(d).“Pet dealer” means any person engaged in the ordinary course of business in the sale of animals for profit to the public orany person who sells or offers for sale more than five animals per year.“Pet shop” means the business of selling, offering for sale or exposing for sale dogs or cats.“Quarantine” means to hold in segregation from the general animal population any dog or cat because of the presence orsuspected presence of a contagious or infectious disease.“Unfit for purchase” means any disease, deformity, injury, physical condition, illness or defect which is congenital orhereditary and severely affects the health of the animal, or which was manifest, capable of diagnosis or likely to have beencontracted on or before the sale and delivery of the animal to the consumer. The death of an animal within 14 days of itsdelivery to the consumer, except death by accident or as a result of injuries sustained during that period shall mean suchanimal was unfit for purchase.13:45A-12.2 General provisions(a) Without limiting the prosecution of any other practices which may be unlawful under N.J.S.A. 56:8-1 et seq., thefollowing acts, practices or omissions shall be deceptive practices in the conduct of the business of a pet dealer:1.To sell an animal within the State of New Jersey without an animal history and health certificate and withoutproviding the consumer with a completed animal history and health certificate. The animal history and healthcertificate shall be signed by the pet dealer, his agent or employee, and shall contain the following information:i.The animal’s breed, sex, age, color, and birth date;ii.The name and address of the person from whom the pet dealer purchased the animal;iii.The breeder’s name and address, and the litter number of the animal;iv. The name and registration number of the animal’s sire and dam;v.The date the pet dealer took possession of the animal;vi. The date the animal was shipped to the pet dealer, where such date is known by the dealer;vii. The date or dates on which the animal was examined by a veterinarian licensed to practice in the State ofNew Jersey, the name and address of such veterinarian, the findings made and the treatment, if any, taken orgiven to the animal;viii. A statement of all vaccinations and inoculations administered to the animal, including the identity andquantity of the vaccine or inoculum administered, the name and address of the person or licensed veterinar-ian administering the same, and the date of administering the vaccinations and inoculations; andix. A 10-point bold-face type warning in the following form:WARNINGThe animal which you have purchased (check one)hashas not been previously vaccinated or inoculated.Vaccination or inoculation neither guarantees good health nor assures absolute immunity against disease. Ex-
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22 amination by a veterinarian is essential at the earliest possible date to enable your veterinarian to insure thegood health of your pet.2.To fail to maintain a copy of the animal history and health certificate signed by the consumer for a period of oneyear following the date of sale and/or to fail to permit inspection thereof by an authorized representative of theDivision upon two days’ notice (exclusive of Saturday and Sunday).3.To include in the animal history and health certificate any false or misleading statement.4.To directly or indirectly refer, promote, suggest, recommend or advise that a consumer consult with, use, seekor obtain the services of a licensed veterinarian unless the consumer is provided with the names of not less thanthree licensed veterinarians of whom only one may be the veterinarian retained by the pet dealer for its pur-poses.5.To describe or promote the operation of the business as a “kennel” unless the business operation falls within thedefinition contained in N.J.A.C. 13:45A-12.1 or the operation of the business as a “kennel” has been authorizedby the issuance of a license pursuant to N.J.S.A. 4:19-15.8. In the absence of meeting such criteria, a pet dealershall be considered to be engaged in the operation of a “pet shop” and shall, where the name for the businessoperation includes the word “kennel,” indicate the following disclaimer in proximate location to the name forthe business operation in all promotional or advertising activities:“This business only engages in the operation of a pet shop.”6.To use or employ a name for the business operation which suggests or implies that such business operation isengaged in or is associated with any organization which registers or certifies the pedigree or lineage of animalsand/or to represent, expressly or by implication, approval by or affiliation with such organization, unless thefollowing disclaimer, as appropriate, appears in proximate location to the name for the business operation:“This business only engages in the operation of a pet shop.”“This business only engages in the operation of a kennel.”7.To state, promise or represent, directly or indirectly, that an animal is registered with an animal pedigree regis-try organization if such registration has not already been accomplished or that an animal is capable of being soregistered, followed by a failure either to effect such registration or provide the consumer with the documentsnecessary therefor 120 days following the date of sale of such animal, if the animal has not already beenreturned to the pet dealer. In the event that a pet dealer fails to effect registration or to provide the necessarydocuments within 120 days following the date of sale, the consumer shall, upon written notice to the pet dealer,be entitled to choose one of the following options:i.To return the animal and to receive a refund of the purchase price plus sales tax; orii.To retain the animal and to receive a partial refund of 75 percent of the purchase price plus sales tax.8.A pet dealer’s failure to comply with the consumer’s election pursuant to (a)7 above within 10 days of writtennotice thereof shall be deemed a separate deceptive practice for purposes of this section.9.To fail to display conspicuously on the business premises a sign not smaller than 22 inches by 18 inches whichclearly states to the public in letters no less than one inch high the following:KNOW YOUR RIGHTSThe sale of dogs and cats is subject to a regulation of the New Jersey Division of ConsumerAffairs. Read your animal history and health certificate, the Statement of New Jersey Law Gov-erning the Sale of Dogs and Cats and your Contract. In the event of a complaint you may contact:Division of Consumer Affairs, Post Office Box 45025, 124 Halsey Street, Newark, New Jersey07101. (973) 504-6200.(b) It shall be a deceptive practice within the meaning of this section for a pet dealer to secure or attempt to secure awaiver of any of the provisions contained in (a) above.
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23 13:45A-12.3 Required practices related to the health of animals and fitness for sale and purchase(a) Without limiting the prosecution of any other practices which may be unlawful under N.J.S.A. 56:8-1 et seq., it shallbe a deceptive practice for a pet dealer to sell animals within the State of New Jersey without complying with thefollowing minimum standards relating to the health of animals and fitness for sale and purchase:1.A pet dealer shall have each animal examined by a veterinarian licensed to practice in the State of New Jerseyprior to the sale of the animal. The name and address of the examining veterinarian, together with the findingsmade and treatment (if any) ordered as a result of the examination, shall be noted on each animal’s history andhealth certificate as required by N.J.A.C. 13:45A-12.2(a)1vii.2.A pet dealer shall label and identify each cage as to the:i.Sex and breed of animal;ii.Date and place of birth of each animal; andiii. Name and address of the attending licensed New Jersey veterinarian and the date of initial examination.3.A pet dealer shall be required to quarantine any animal diagnosed as suffering from a contagious or infectiousdisease, illness or condition until such time as a licensed New Jersey veterinarian determines that such animalis free from contagion or infection. All animals requiring quarantining shall be placed in a quarantine areaseparated from the general animal population.4.A pet dealer shall be permitted to inoculate and vaccinate animals prior to purchase only on the order of aveterinarian licensed to practice in the State of New Jersey. A pet dealer, however, shall be prohibited fromrepresenting, directly or indirectly, that he is qualified to engage in or is engaging in, directly or indirectly, thefollowing activities: diagnosing, prognosing, treating, administering, prescribing, operating on, manipulatingor applying any apparatus or appliance for disease, pain, deformity, defect, injury, wound or physical conditionof animals after purchase for the prevention of, or to test for, the presence of any disease in such animals. Theseprohibitions include but are not limited to the giving of inoculations or vaccinations after purchase, the diag-nosing, prescribing and dispensing of medication to animals and the prescribing of any diet or dietary supple-ment as treatment for any disease, pain, deformity, defect, injury, wound or physical condition.5.A pet dealer shall have any animal which has been examined more than 14 days prior to purchase reexaminedby a licensed New Jersey veterinarian for the purpose of disclosing its condition at the time of purchase. Suchexamination shall take place within 72 hours of delivery of the animal to the consumer unless the consumerwaives this right to reexamination in writing. The written waiver shall be in the following form and a copy shallbe given to the consumer prior to the signing of any contract or agreement to purchase the animal:KNOW YOUR RIGHTSTo ensure that healthy animals are sold in this State, New Jersey law requires that a dog or cat beexamined by a licensed New Jersey veterinarian prior to its sale by a pet dealer and within 72hours of the delivery of the dog or cat to a consumer who has purchased the animal where theinitial examination took place more than 14 days prior to the date of purchase. A pet dealer neednot have the animal reexamined if you, the consumer, decide that you do not want such a reexami-nation performed. If you do not want a reexamination performed, please indicate your decisionbelow.WAIVER OF REEXAMINATION RIGHTI understand that I have the right to have my animal reexamined within 72 hours of its delivery tome. I do not want to have such a reexamination performed._______________________________________________________________________Consumer’s NameConsumer’s Signature(Print)__________________________________Date
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24 _______________________________________________________________________Pet Dealer’s or Agent’s NamePet Dealer’s or Agent’s Signature(Indicate Title or Position)(Print)__________________________________Date6.If at any time within 14 days following the sale and delivery of an animal to a consumer, a licensed veterinariancertifies such animal to be unfit for purchase due to a non-congenital cause or condition or within six monthscertifies an animal to be unfit for purchase due to a congenital or hereditary cause or condition, a consumershall have the right to elect one of the following options:i.The right to return the animal and receive a refund of the purchase price, including sales tax, plus reimburse-ment of the veterinary fees incurred prior to the consumer’s receipt of the veterinary certification. The petdealer’s liability for veterinary fees under this option shall not exceed a dollar amount equal to the purchaseprice, including sales tax, of the animal;ii.The right to retain the animal and to receive reimbursement for veterinaryfees incurredprior tothe consumer’sreceipt of the veterinary certification, plus the future cost of veterinary fees to be incurred in curing orattempting to cure the animal. The pet dealer’s liability under this option shall not exceed a dollar amountequal to the purchase price, including sales tax, of the animal;iii. The right to return the animal and to receive in exchange an animal of the consumer’s choice, of equivalentvalue, plus reimbursement of veterinary fees incurred prior to the consumer’s receipt of the veterinary cer-tification. The pet dealer’s liability for veterinary fees under this option shall not exceed a dollar amountequal to the purchase price, including sales tax, of the animal;iv. In the event of the animal’s death within 14 days of its delivery to the consumer, except where death occursby accident or injury sustained during that period, the right to receive a full refund of the purchase price plussales tax for the animal, or in exchange an animal of the consumer’s choice of equivalent value, plus reim-bursement of veterinary fees incurred prior to the death of the animal. The pet dealer’s liability for veteri-nary fees under this option shall not exceed a dollar amount equal to the purchase price, including sales tax,of the animal.7.The pet dealer shall accept receipt of a veterinary certification of unfitness which has been delivered by theconsumer within five days following the consumer’s receipt thereof, such certification to contain the followinginformation:i.The name of the owner;ii.The date or dates of examination;iii. The breed, color, sex and age of the animal;iv. A statement of the veterinarian’s findings;v.A statement that the veterinarian certifies the animal to be “unfit for purchase”;vi. An itemized statement of veterinary fees incurred as of the date of the certification;vii. Where the animal is curable, the estimated fee to cure the animal;viii. Where the animal has died, a statement setting forth the probable cause of death; andix. The name and address of the certifying veterinarian and the date of the certification.8.When a consumer presents a veterinary certification of unfitness to the pet dealer, the pet dealer shall confirmthe consumer’s election in writing. The election shall be in the following form and a copy shall be given to theconsumer upon signing:UNFITNESS OF ANIMAL--ELECTION OF OPTION
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25 I understand that, upon delivery of my veterinarian’s certification of unfitness, I have the right to elect one of thefollowing options. I am aware of those options and I understand each of them. I have chosen the followingoption:1. Return of my animal and receipt of a refund of the purchase price, including sales tax for the animal, plus reim-bursement of the veterinary fees incurred prior to the date I received my veterinarian’s certification of unfitness.The reimbursement for veterinarian’s fees shall not exceed a dollar amount equal to the purchase price includingsales tax of my animal.2. Retention of my animal and reimbursement for the veterinary fees incurred prior to the date I received myveterinarian’s certification of unfitness, plus the future cost to be incurred in curing or attempting to cure myanimal. The total reimbursement for veterinarian’s fees shall not exceed a dollar amount equal to the purchaseprice including sales tax for my animal.3. Return of my animal and receipt of an animal of my choice of equivalent value in exchange plus reimbursement ofveterinary fees incurred prior to the date I received my veterinarian’s certification of unfitness. The reimburse-ment for veterinarian’s fees shall not exceed a dollar amount equal to the purchase price including sales tax of myanimal.4. DEATH OF ANIMAL ONLY. (check one)Receipt of a full refund of the purchase price, including sales taxfor the animal, or in exchange an animal of my choice of equivalent value plus reimbursement of the veterinaryfees incurred prior to the death of the animal. The reimbursement for veterinarian’s fees shall not exceed a dollaramount equal to the purchase price including sales tax of my animal._______________________________________________________________________Consumer’s NameConsumer’s Signature(Print)__________________________________Date_______________________________________________________________________Pet Dealer’s or Agent’s NamePet Dealer’s or Agent’s Signature(Indicate Title or Position)(Print)__________________________________Date9.A pet dealer shall comply with the consumer’s election as required by (a)7i through iv above not later than 10days following receipt of a veterinary certification. In the event that a pet dealer wishes to contest a consumer’selection, he shall notify the consumer and the Director of the Division of Consumer Affairs in writing withinfive days following the receipt of the veterinarian’s certification, and he may require the consumer to producethe animal for examination by a veterinarian of the dealer’s choice at a mutually convenient time and place.The Director shall, upon receipt of such notice, provide a hearing pursuant to theAdministrative ProcedureAct,N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, to determine whythe option elected by the consumer should not be allowed.10. A pet dealer shall give the following written notice to a consumer prior to the delivery of the animal. Suchnotice, signed by both the pet dealer and the consumer, shall be embodied in a separate document and shall statethe following in 10 point boldface type:KNOW YOUR RIGHTS--A STATEMENT OF NEW JERSEY LAW GOVERNING THE SALE OF DOGSAND CATS
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26 The sale of dogs and cats is subject to a regulation of the New Jersey Division of ConsumerAffairs. In the eventthat a licensed veterinarian certifies your animal to be unfit for purchase within 14 days following receipt ofyour animal or within six months in the case of a congenital or hereditary cause or condition, you may:i.Return your animal and receive a refund of the purchase price including sales tax; orii.Keep your animal and attempt to cure it; oriii. Return your animal and receive an animal of your choice of equivalent value.Veterinary fees limited to the purchase price of the animal, including sales tax, which were related to thecondition rendering the animal unfit for sale, must be paid by the dealer in the event that you choose to keep theanimal. If you choose to return the animal, veterinary fees incurred prior to receipt of the veterinary certifica-tion, limited to the purchase price of the animal, including sales tax, which were related to the condition render-ing the animal unfit for sale, must be paid by the dealer.Further, in the event of your animal’s death within this 14-day period, except when death occurs by accident oras a result of injuries sustained after delivery, you may choose to receive either a full refund of the purchaseprice, plus sales tax, or an animal of equivalent value. In addition, veterinary fees, limited to the purchase price,including sales tax must be paid by the pet dealer.In order to exercise these rights, you must present to the pet dealer a written veterinary certification that theanimal is unfit for purchase and an itemized bill of all veterinary fees incurred prior to your receipt of thecertification. Both of these items must be presented no later than five days after you have received the certifi-cation of unfitness. In the event that the pet dealer wishes to contest the certification or the bill, he may requesta hearing at the Division of Consumer Affairs. If the pet dealer does not contest the matter, he must make therefund or reimbursement not later than ten days after receiving the veterinary certification. Although your dogor cat is required to be examined by a licensed veterinarian prior to sale, symptoms of certain conditions maynot appear until after sale. If your dog or cat appears ill, you should have it examined by a licensed veterinarianof your choice at the earliest possible time.If the pet dealer has promised to register your animal or to provide the necessary papers and fails to do so withinthe 120 days following the date of sale, you are entitled to return the animal and receive a full refund of thepurchase price plus sales tax or to keep the animal and receive a refund of 75 percent of the purchase price plussales tax. In the event you elect to keep the animal and the dealer provides the 75 percent refund, the dealer isno longer obligated to register the animal or to provide the necessary papers to do so.11. A pet dealer shall maintain copies of all notices required pursuant to (a)10 above, signed by both the pet dealerand the consumer, for at least one year from the date the notice was signed and shall ensure that such notices arereadily available for inspection, upon request, by an authorized representative of the Division of ConsumerAffairs.12. It shall be a deceptive practice within the meaning of this section for a pet dealer to secure or attempt to securea waiver of any of the provisions of this section except as specifically authorized under (a)5 above.SUBCHAPTER 13.POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF CONSUMERAFFAIRS13:45A-13.1 Statement of general purpose and intentThe within regulations are promulgated pursuant to authority conferred by L.1975 c.376 and are intended to operate asworking guidelines for county and municipal consumer protection agencies in the exercise of those powers conferred herein.Any and all powers delegated hereby shall be exercised in strict accordance herewith and with such directives as may fromtime to time be issued by the Attorney General through the Director of the Division of Consumer Affairs.13:45A-13.2 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly indicates otherwise.“Act” means the New Jersey Consumer Fraud Act L.1960 c.39 (C56:8-1 et seq.) as amended and supplemented.“Director” means the Director of the Division of Consumer Affairs.
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27 “Person” means any natural person or his legal representative, partnership, corporation, company, trust, business entityor association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or ces-tuis que trustent thereof.13:45A-13.3 General provisions(a) The powers hereinafter delegated shall be exercised consistent herewith in the name of a county or municipal direc-tor of consumer affairs. Such a director shall be established by resolution adopted by a county board of chosenfreeholders or by ordinance adopted by the governing body of a municipality. In the event that such ordinance orresolution has been adopted prior hereto, the same shall be deemed valid for the purpose of creating a county ormunicipal director as required hereby.(b) The powers delegated herein shall be exercised either by the director of a county office of consumer affairs or by amunicipal director of consumer affairs. In the event a county office and a municipal office work on a matter concur-rently, the Director shall supervise each in order to insure consistent policies and practices.13:45A-13.4 Qualifications of county or municipal director(a) A county or municipal director of consumer affairs in order to exercise those powers hereinafter delegated shall:1.Be established by formal appointment by resolution adopted by the county board of chosen freeholders or byordinance adopted by the governing body of the municipality;2.Successfully complete such initial educational and training courses as may be established by the director andsuch supplemental courses as may from time to time be prescribed;3.Require that all staff employees or representatives dealing with the investigation or mediation of consumercomplaints successfully complete such educational and training courses as may be established by the director.In the event that such staff employees or representatives shall fail to successfully complete such courses or shallbe employed prior to the giving of such course, such employees or representatives may continue in such em-ployment under the direct supervision and control of an individual who has successfully completed the course;4.File such reports with the Division of Consumer Affairs as may be required by the director.13:45A-13.5 Termination of authority to exercise delegated authority(a) The authority to exercise those powers hereinafter delegated to a county or municipal director of consumer affairsmay be suspended or revoked for:1.Failure to comply with the requirements contained in section 4 of this subchapter;2.Failure to comply with any requirement or limitation regarding the exercise of those powers hereinafter del-egated;3.Failure to administer a county or local office of consumer protection in accordance with such directives as maybe issued by the director.13:45A-13.6 Delegated powers(a) A county or local director of consumer affairs, subject to the limitations hereinafter set forth may:1.Initiate investigations whenever it shall appear to such director that a person has engaged in, is engaging in oris about to engage in any act declared unlawful by the act as amended and supplemented or in any act orpractice which violates any regulation promulgated by the Attorney General to the act. Such investigationsmay be commenced either on the complaint of an individual consumer or where, after independent inquirymade by the county or municipal director, it appears that a violation of the act or any regulation adoptedpursuant thereto has occurred or may occur in the future.2.Require any person to file a statement or report in writing under oath or otherwise, as to all the facts andcircumstances concerning the sale or advertisement of merchandise by such person and such other data andinformation as may be necessary to determine whether a violation of the act or a regulation adopted pursuantthereto has occurred or will occur.
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28 3.Examine under oath any person in connection with the sale or advertisement of any merchandise.4.Examine any merchandise or sample thereof, record, book, document, account, or paper as may be deemednecessary.5.Pursuant to an order of the superior court, impound any record, book, document, account, paper, or sample ofmerchandise that is produced in accordance with these regulations, and retain the same until the completion ofall proceedings in connection with which the same are produced.6.Issue subpoenas to any person in aid of any investigation to determine whether a violation of the act or anyregulation adopted by the Attorney General thereto has occurred or will occur. A subpoena shall be issued inthe name of the county or municipal director in a form substantially identical to that annexed hereto as example1 and shall be signed by counsel to such director.i.In the event that any person shall fail to comply with a subpoena issued pursuant to this subsection, thecounty or municipal director may apply to the superior court for an order granting such relief as authorizedby L.1960, c.39 section 6 (N.J.S.A. 56:8-6).7.Initiate such litigation in the courts in the name of the director seeking such relief as may be authorized by theact. In the event that litigation is to be commenced by a county or municipal director of consumer affairs, noticethereof shall be given to the director by serving a copy of the proposed complaint and any supporting docu-ments to be filed with the court not less than 15 days prior to the filing of such action. Where litigation is to becommenced by seeking a temporary restraining order on an emergent basis, the director shall be notified ofsuch action consistent with the rules of court governing such applications.13:45A-13.7 Limitations; litigationWhenever it shall appear to the director that any litigation or any other action authorized by the within regulation isimproperly brought or is contrary to the public interest, such action shall, on notice to the county or municipal director, beterminated, suspended or modified as may be directed.13:45A-13.8 Restrictions; powers(a) A county or municipal director of consumer affairs shall not:1.Promulgate substantive regulations governing the sale or advertisement of merchandise or defining unlawfulpractices; provided, however, nothing herein contained shall be deemed to prohibit the adoption of internaladministrative procedures governing the handling and processing of complaints received from consumers.2.Conduct any administrative hearing of a quasi-judicial nature for the purpose of assessing any civil penalty,ordering any restoration of consumer moneys or directing that any person cease and desist from engaging inany unlawful practices, provided, however, nothing herein contained shall be deemed to prohibit the negotia-tion of any agreement by consent to remedy any individual consumer complaint or the cessation of any unlaw-ful consumer practice.3.Attempt to confer or grant immunity from any criminal prosecution as authorized by L.1960 c.39 section 7(N.J.S.A. 56:8-7).13:45A-13.9 (Reserved)SUBCHAPTER 14.UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS13:45A-14.1 General provisionsThese regulations implement the Unit Price Disclosure Act, P.L.1975, c.242 (N.J.S.A. 56:8-25) and provide for thedisclosure of information necessary to enable consumers to compare easily and effectively the retail prices of certain con-sumer commodities regardless of package size or quantity.13:45A-14.2 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings unless the contextclearly indicates otherwise.
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29 “Approved unit of measure” means the unit of weight, standard of measure or standard of count designated for eachregulated consumer commodity in N.J.A.C. 13:45A-14.4.“Consumer commodity” means any merchandise, wares, article, product, comestible or commodity of any kind of classproduced, distributed, or offered for retail sale for consumption by individuals other than at the retail establishment, or foruse by individuals for purposes of personal care or in the performance of services rendered within the household, and whichis consumed or expended in the course of such use.“Director” means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.“Person” means any natural person, partnership, corporation or other organization engaged in the sale, display or offer-ing for sale of consumer commodities at retail establishment whose combined total floor area, exclusive of office, receivingand storage areas, dedicated to the sale of consumer commodities exceeds 4,000 square feet or whose combined annual grossreceipts from the sale of consumer commodities in the preceding year exceeded $2 million, regardless of the square footageinvolved.“Regulated consumer commodity” means those consumer commodities listed in N.J.A.C. 13:45A-14.4.“Retail establishment” means any place of business where consumer commodities are exposed or offered for sale atretail.“Retail price” means the total retail price of a consumer commodity, excluding sales tax.“Unit price” means the retail sales price of a consumer commodity expressed in terms of the approved unit of measure.“Wash load” means seven pounds of laundry by dry weight.13:45A-14.3 Persons and operations exempted from complying with Unit Price Disclosure Act(a) The following persons or entities shall be exempted from complying with this subchapter and the terms of the UnitPrice Disclosure Act:1.Any person owning and operating a single retail establishment with annual gross receipts from the sale ofconsumer commodities in the preceding year of not more than $2 million.2.Any person owning and operating a single establishment or a series of retail establishments each having a totalfloor space of 4,000 square feet or less regardless of the annual gross receipts in New Jersey from the sale ofconsumer commodities therein.3.Any person owning and operating a retail establishment or series of retail establishments, wherein the com-bined annual gross receipts from the sale of food products, nonprescription drugs, personal care products andhousehold service products is less than 30 percent of the total annual gross receipts of such retail establishmentwhen calculated on an individual store basis or an aggregate basis combining all retail establishments, provid-ing that the portion of that person’s retail establishment selling consumer commodities regulated herein haseither a total floor area of less than 4,000 square feet or annual gross receipts in New Jersey not exceeding $2million, or both.4.Notwithstanding the provisions of (a)1, 2 and 3 above, any retail establishment, whether or not part of a seriesof retail establishments, which devotes less than five percent of its total floor area, exclusive of office, receivingand storage areas to the sale of consumer commodities and which derives less than five percent of its total grossreceipt in New Jersey from the sale of consumer commodities.13:45A-14.4 Regulated consumer commodities and their approved units of measure(a) The following consumer commodities shall be considered regulated commodities. Wherever regulated commodi-ties are exposed or offered for sale at retail, unless otherwise exempt from this subchapter, the unit price informationrequired to be displayed shall be calculated on the basis hereinafter set forth. In each establishment, one approvedunit of measure must be consistently used for the same commodity.1.Dry units of measure shall be used for commodities sold according to net weight.2.Liquid units of measure shall be used for commodities sold according to net weight, net contents or fluidounces.
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30 3.Commodities not usually measured in dry or liquid units as stated in (a)1 and 2 above shall be sold in count, orsquare feet, whichever is appropriate and approved.4.The same unit of measure shall be used for all sizes of the same commodity.(b) The following consumer commodities shall be considered regulated consumer commodities with their approved unitof measure:CommodityApproved Unit of Measure1.Aluminum foils, wax and plastic wraps ................................................................................ 100 sq. ft.2.Baby food ........................................................................................... reconstituted ounce, pound,quart3.Baking mixes and supplies, pancake mixes ................................................................................. pound4.Bread and pastry products: prepackaged outside of seller’s premises ......................................... pound5.Bottle and canned beverages, carbonated and non-carbonated ...................................................... quart6.Butter and oleomargarine ............................................................................................................. pound7.Candy (excluding 5 ounces or less).............................................................................................. pound8.Canned poultry, fish and meat products ....................................................................................... pound9.Cocoa............................................................................................................................................ pound10. Coffee (instant and ground).......................................................................................................... pound11. Cereal ........................................................................................................................................... pound12. Cheese .......................................................................................................................................... pound13. Cold cuts; prepackaged meats and salads .................................................................................... pound14. Cookies and crackers ................................................................................................................... pound15. Condiments: ketchups, mustards, mayonnaise (including pickles, relishes, olives, etc.) .. quart, pound16. Deodorants, dry, spray, and roll-on ...................................................................................... pound, pint17. Detergents, soap, laundry products ............................................................ quart, pound, per wash load(dry bulk, liquid) .....................................................................................................................100 count18. Flour ............................................................................................................................................. pound19. Fruits and vegetables: jars, cans ................................................................................................... poundboxes (not fresh products) ............................................................................................................ pound20. Grains and beans .......................................................................................................................... pound21. Hair conditioners, creme rinses, shampoos (not dyes)......................................................... pound, pint22. Household cleaners, waxes, deodorizers ........................................................................... pound, quartstarches, bleaches ....................................................................................................................100 count23. Instant breakfast food ................................................................................................................... pound24. Jellies, jams, preserves ................................................................................................................. pound25. Juices and juice drinks, fresh, canned ............................................................................................ quart26. Molasses ............................................................................................................................. quart, pound27. Mouthwash ..................................................................................................................................... quart28. Non-alcoholic drink mixes ................................................................................................. quart, pound29. Oil (cooking) .................................................................................................................................. quart30. Peanut butter................................................................................................................................. pound
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31 31. Pet food and supplies (canned, dried, moist) limited to dog and cat food; kitty litter) ................ pound32. Plastic and paper bags .............................................................................................................100 count33. Salad dressings ................................................................................................................... quart, pound34. Salt................................................................................................................................................ pound35. Sanitary paper products including, but not limited to, napkins, facial tissues, paper towels,bathroom tissues ......................................................................................................................100 count36. Sauces (tomato, spaghetti, meat)........................................................................................ quart, pound37. Seasonings and spices, flavoring extracts, imitation flavorings ........................................... pint, pound38. Shaving cream .............................................................................................................................. pound39. Snack foods .................................................................................................................................. pound40. Soups (canned, dried) ................................................................................................................... pound41. Solid shortenings ......................................................................................................................... pound42. Spaghetti, macaroni, noodles and pasta ....................................................................................... pound43. Sugar............................................................................................................................................. pound44. Syrups ................................................................................................................................. quart, pound45. Tea ...............................................................................................................................100 count, pound46. Toothpaste ......................................................................................................................... ounce, pound13:45A-14.5 Exempt consumer commodities(a) The following consumer commodities shall be deemed exempt consumer commodities and may be exposed oroffered for sale at retail without complying with the provisions of this subchapter:1.Medicines sold by prescription only;2.Vitamins;3.Beverages subject to or complying with packaging or labeling requirements imposed under the Federal Alco-holic Administration;4.Consumer commodities required to be marked individually with the cost per unit of weight pursuant to N.J.A.C.13:47K-4;5.Any consumer commodity offered for sale at a net quantity equal to the approved unit of measure for suchcommodity, provided that the retail price of the commodity is plainly marked on the commodity, or shelfmolding;6.Any consumer commodity offered for sale in one size only, and not comparable in form to any other product;7.Any consumer commodity co-mingled with other consumer commodities for purposes of a one-price sale;8.Any consumer commodity packaged to include more than one food product (i.e. T.V. dinner or mixed veg-etables);9.Bakery products sold in a service department which are not prepacked outside of the seller’s premises;10. Snack foods, including, but not limited to, cakes, candy, nuts, gum, chips and pretzels sold in packages weigh-ing five ounces or less;11. Spices, flavor extracts, imitation flavoring and boullion cubes sold in packages of five ounces or less in weightor fluid ounces;12. Ice cream, ice milk, frozen yogurt, frozen desserts;13. Frozen foods.
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32 (b) Any and all consumer commodities not specifically included in those regulated consumer commodities set forth inN.J.A.C. 13:45A-14.4 shall be deemed to be exempt from the provisions of L.1975, c.242, section 3 as thoughspecifically listed as an exempt consumer commodity under this section.13:45A-14.6 Calculation of the numerical unit price of a regulated consumer commodity(a) The unit price shall be calculated to the nearest cent for all regulated consumer commodities when the retail price perapproved unit of measure is $1.00 or more.(b) The unit price shall be calculated to the nearest cent or the nearest one-tenth of one cent for all regulated consumercommodities when the retail price per approved unit of measure is less than $1.00.(c) For the purpose of determining the nearest cent or one-tenth of one cent, any calculation of the price per unit result-ing in $0.05 cents or $0.005 cents per unit shall be rounded up to the next higher cent or one-tenth of one cent. Anysuch calculation resulting in less than $0.05 cents or $0.005 cents per unit shall be rounded down to the next lowercent or one-tenth cent. For example:1.$1.005 per unit shall be marked $1.01 per unit;2.$1.004 per unit shall be marked $1.00 per unit;3.50.05¢ per unit shall be marked 50.1¢ per unit;4.50.04¢ per unit shall be marked 50.0¢ per unit;(d) If the numerical unit price is $1.00 or more, the unit price shall appear on the unit price label, sign, list or tag,expressed as dollars per unit. If the numerical unit price is less than $1.00, the numerical unit price shall be ex-pressed as cents per unit.13:45A-14.7 Unit price labels approved for display(a) Whenever this subchapter requires that a unit price label be displayed in conjunction with the exposing or offeringfor sale at retail of a regulated consumer commodity, a sample format of the label shall be submitted to the directorfor approval prior to the display of the label.(b) In determining whether to approve the label, the Director shall be guided by the following standards:1.The shelf label shall be divided so as to create a left and right side; individual item labels may be dividedvertically or horizontally into two portions. The amount of space devoted to the unit price and the retail priceportion shall be equal. The size and conspicuousness of the numerals used to disclose the retail price shall beequal to or greater than that for the unit price. Where the retail price exceeds the unit price, the type face for theunit price shall not be less than 50 percent than that of the retail price.2.The left side or upper portion shall be known as the unit price side and shall contain the following information:i.The term “unit price”;ii.The numerical unit price in bold figures;iii. The approved unit of measure, including, if appropriate, the “ply” count or thickness of the regulated com-modity.3.The right side or lower portion shall be known as the retail price side and shall contain the following informa-tion:i.The term “retail price,” “you pay” or some similar term;ii.The numerical retail price;iii. The quantity or size of the commodity being sold, for shelf labels only.4.A description of the commodity being sold shall appear on the unit price shelf label.5.Additional stock or code information may appear on the unit price shelf label.6.All letters and numbers shall be in conspicuous, bold figures and shall be clear and legible. Handwritten labelsshall be legibly printed.
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33 7.The overall design of the label shall convey all the information in a clear, readable and conspicuous fashion.Any stock or code information shall not obscure or deemphasize the consumer information appearing on theunit price label.13:45A-14.8 Unit price signs and unit price lists(a) Whenever this subchapter permits a person to display a sign or list in conjunction with the exposing or offering forsale at retail of a regulated consumer commodity, a sample format of the sign or list shall be submitted to the directorfor approval prior to the display of the sign or list.(b) In determining whether to approve the sign or list, the director shall be guided by the following standards:1.The sign or list shall be divided so as to create a left and right side.2.The left side of a sign or list shall be known as the unit price side and shall contain the following information:i.The term “unit price”;ii.The numerical unit price;iii. The approved unit of measure including if appropriate the “ply” count or thickness of the consumer com-modity.3.The right side shall be known as the retail price side and shall contain the following information:i.The term “retail price” or “you pay” or similar term;ii.The numerical retail price;iii. The quantity or size of the consumer commodity expressed in terms of the approved unit of measure.4.A description of the commodity to be sold shall appear on the sign or list.5.Additional stock or code information may appear on the unit price sign or list.6.All letters or numbers shall be in conspicuous figures and shall be clear and legible.i.The list shall display the unit price and retail price in numbers of equal size.ii.The sign shall display the unit price and retail price in equal size if in numbers of less than five inches. Forsigns with numbers for the retail price larger than five inches, the unit price shall be no less than three inchesin size or one-half the retail price size, whichever is greater.7.The overall design of the sign or label shall convey the consumer information in a clear, readable and conspicu-ous fashion. Any stock or code information shall not obscure or deemphasize the consumer information.13:45A-14.9 Unit price tagsWhenever these regulations require a unit price tag to be attached directly to the consumer commodity, a sample formatof the tag shall be submitted to the director for approval prior to the display of the tag. In reviewing submitted price tags, thedirector shall apply those standards set forth in N.J.A.C. 13:45A-14.7 governing the format for unit price labels.13:45A-14.10 Means of disclosing unit price information(a) Whenever a regulated consumer commodity is exposed or offered for sale at retail, the unit price and retail priceshall be disclosed in the following manner:1.If the commodity is displayed upon a shelf, the unit price label shall appear directly below the commodity, or,alternatively, a unit price tag shall be attached to the commodity. If the use of a unit price label or unit price tagis impossible or impractical, a unit price sign or list may be used provided such sign or list is conspicuouslylocated at or near the commodity.2.If the commodity is displayed in a special fashion such as in an end display, portable rack or large bin, the unitprice tag shall be attached to the commodity, or, alternatively, a unit price sign or list shall be conspicuouslyplaced at or near the point where the commodity is displayed. Nothing in this section should be construed toprohibit the use of hand-letter unit price signs on special displays so long as such signs contain the disclosuresrequired in (a)1 above.
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34 3.If a commodity is refrigerated, the unit price label shall be affixed to the case, to a shelf edge, or a unit pricelabel shall be attached to the commodity. In the event such attachments are not possible, then a unit price signor list may be used if the sign or list is displayed in proximity to the articles for sale. Where such proximatedisplay is impossible, a unit price list for such articles must be kept available and a sign posted at the site of thearticles for sale as to such availability.13:45A-14.11 Placement of unit price information on consumer commodities by nonretailersNothing in this subchapter shall prohibit a manufacturer, supplier or wholesaler from affixing to a consumer commoditythe unit price information required by these regulations.13:45A-14.12 Extension of time to comply with these regulationsOn timely written application made within 90 days after final adoption of this subchapter, the director may grant addi-tional time in which to comply with the regulations, providing good cause is shown for such an extension. In no event,however, shall an extension exceed 60 days.13:45A-14.13 Nonintentional technical errorsFor the purpose of enforcement of this subchapter, “nonintentional technical errors” shall mean inaccuracies in the unitpricing information reflected upon a stamp, tag, label, sign or list where such defects have resulted from a malfunction of aprinting press, electronic data processing equipment or other mechanical equipment used to produce such stamps, tags,labels, signs or lists, or from the mistake of a computer programmer or machine operator, where such malfunction or mistakewas not within the knowledge or control of the owner or operator or management personnel of the store and where suchowner or operator or management personnel could not with reasonable diligence have detected and corrected such errors.13:45A-14.14 Waiver of unit price requirements(a) Prior to the remodeling of a store or resetting of the shelves taking place, a retail establishment may request from thedirector, or his designee, permission to vary from the unit price procedure. Verbal permission to vary is acceptableprovided a written confirmation follows same. A retail establishment, which has failed to obtain such permission,shall be in violation of this subchapter if it does not comply with the requirements herein while remodeling a store orresetting shelves.(b) No waiver from compliance with this subchapter shall be granted to a retail establishment for the restocking ofshelves.13:45A-14.15 PenaltiesAny violation of this subchapter shall be deemed a violation of the Consumer Fraud Act, N.J.S.A. 56:8-2, subjecting aviolator to those sanctions established pursuant to said Act.SUBCHAPTER 15.DISCLOSURE OF REFUND POLICY IN RETAIL ESTABLISHMENT13:45A-15.1 DefinitionsThe following words and terms when used in this subchapter shall have the following meanings, unless the contextindicates otherwise.“Merchandise” shall include any objects, wares, goods, commodities, or any other tangible item offered, directly orindirectly, to the public for sale.“Proof of purchase” means a receipt, bill, credit card slip, or any other form of evidence which constitutes proof ofpurchase.“Retail establishment” means any place of business where merchandise is exposed or offered for sale at retail to mem-bers of the consuming public.13:45A-15.2 Unlawful practices(a) Without limiting any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A. 56:8-1 et seq.,failure to comply with the following shall be deemed unlawful thereunder:
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35 1.Every retail establishment shall conspicuously post its refund policy as to all merchandise exposed or offeredfor sale at retail to members of the consuming public in the following manner:i.On a sign attached to the merchandise itself; orii.On a sign affixed to each cash register or point of sale; oriii. On a sign so situated as to be clearly visible to the buyer from the cash register; oriv. On a sign posted at each store entrance used by members of the consuming public.2.The sign required by (a)1 above to be posted in every retail establishment shall conspicuously disclose any andall material conditions of, or qualifications to, its refund policy, including, without limitation, whether a refundwill be given:i.On merchandise which has been advertised as “sale” merchandise or “as is”;ii.On merchandise for which no proof of purchase exists;iii. At any time, or only up to a specified time after the date of purchase;iv. In cash, as a credit to the account on which the purchase was debited, or as a store credit only.13:45A-15.3 Exemption(a) The provisions of N.J.A.C. 13:45A-15.2 shall not apply to any retail establishment that has a policy of, for a periodnot less than 20 days after the date of purchase, providing a cash refund for a cash purchase, or providing a cashrefund or issuing a credit for a credit purchase, which credit is applied to the account on which the purchase wasdebited, in connection with the return of any of its unused and undamaged merchandise.13:45A-15.4 RemedyIn addition to any other remedy provided by the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any retail establishmentwhich violates any provision of N.J.A.C. 13:45A-15.2 shall, for a period of up to 20 days after the date of purchase, provideany buyer who returns unused and undamaged merchandise with the option of either a cash refund, a credit to the account onwhich the purchase was debited, or a store credit.SUBCHAPTER 16.HOME IMPROVEMENT PRACTICES13:45A-16.1 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings unless the contextindicates otherwise.“Home improvement” means the remodeling, altering, painting, repairing, or modernizing of residential or noncommer-cial property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replace-ment, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping, fences, porches, win-dows, doors, cabinets, kitchens, bathrooms, garages, basements and basement waterproofing, fire protection devices, secu-rity protection devices, central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar heatingor water systems, insulation installation, aluminum siding, wall-to-wall carpeting or attached or inlaid floor coverings, andother changes, repairs, or improvements made in or on, attached to or forming a part of the residential or noncommercialproperty, but does not include the construction of a new residence. The term extends to the conversion of existing commer-cial structures into residential or noncommercial property and includes any of the above activities performed under emer-gency conditions.“Home improvement contract” means an oral or written agreement between a seller and an owner of residential ornoncommercial property, or a seller and a tenant or lessee of residential or noncommercial property, if the tenant or lessee isto be obligated for the payment of home improvements made in, to, or upon such property, and includes all agreements underwhich the seller is to perform labor or render services for home improvements, or furnish materials in connection therewith.“Residential or non-commercial property” means a structure used, in whole or in substantial part, as a home or place ofresidence by any natural person, whether or not a single or multi-unit structure, and that part of the lot or site on which it issituated and which is devoted to the residential use of the structure, and includes all appurtenant structures.
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36 “Sales representative” means a person employed by or contracting with a seller for the purpose of selling home improve-ments.“Seller” means a person engaged in the business of making or selling home improvements and includes corporations,partnerships, associations and any other form of business organization or entity, and their officers, representatives, agentsand employees.13:45A-16.2 Unlawful practices(a) Without limiting any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A. 56:8-1 et seq.,utilization by a seller of the following acts and practices involving the sale, attempted sale, advertisement or perfor-mance of home improvements shall be unlawful hereunder:1.Model home representations: Misrepresent or falsely state to a prospective buyer that the buyer’s residential ornoncommercial property is to serve as a “model” or “advertising job”, or use any other prospective buyer lureto mislead the buyer into believing that a price reduction or other compensation will be received by reason ofsuch representations;2.Product and material representations: Misrepresent directly or by implication that products or materials to beused in the home improvement:i.Need no periodic repainting, finishing, maintenance or other service;ii.Are of a specific or well-known brand name, or are produced by a specific manufacturer or exclusivelydistributed by the seller;iii. Are of a specific size, weight, grade or quality, or possess any other distinguishing characteristics or fea-tures;iv. Perform certain functions or substitute for, or are equal in performance to, other products or materials;v.Meet or exceed municipal, state, federal, or other applicable standards or requirements;vi. Are approved or recommended by any governmental agency, person, firm or organization, or that they arethe users of such products or materials;vii. Are of sufficient size, capacity, character or nature to do the job expected or represented;viii. Are or will be custom-built or specially designed for the needs of the buyer; orix. May be serviced or repaired within the buyer’s immediate trade area, or be maintained with replacement andrepair parts which are readily available.3.Bait selling:i.Offer or represent specific products or materials as being for sale, where the purpose or effect of the offer orrepresentation is not to sell as represented but to bait or entice the buyer into the purchase of other or higherpriced substitute products or materials;ii.Disparage, degrade or otherwise discourage the purchase of products or materials offered or represented bythe seller as being for sale to induce the buyer to purchase other or higher priced substitute products ormaterials;iii. Refuse to show, demonstrate or sell products or materials as advertised, offered, or represented as being forsale;iv. Substitute products or materials for those specified in the home improvement contract, or otherwise repre-sented or sold for use in the making of home improvements by sample, illustration or model, without theknowledge or consent of the buyer;v.Fail to have available a quantity of the advertised product sufficient to meet reasonably anticipated de-mands; orvi. Misrepresent that certain products or materials are unavailable or that there will be a long delay in theirmanufacture, delivery, service or installation in order to induce a buyer to purchase other or higher pricedsubstitute products or materials from the seller.
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37 4.Identity of seller:i.Deceptively gain entry into the prospective buyer’s home or onto the buyer’s property under the guise of anygovernmental or public utility inspection, or otherwise misrepresent that the seller has any official right,duty or authority to conduct an inspection;ii.Misrepresent that the seller is an employee, office or representative of a manufacturer, importer or any otherperson, firm or organization, or a member of any trade association, or that such person, firm or organizationwill assume some obligation in fulfilling the terms of the contract;iii. Misrepresent the status, authority or position of the sales representative in the organization he represents;iv. Misrepresent that the sales representative is an employee or representative of or works exclusively for aparticular seller; orv.Misrepresent that the seller is part of any governmental or public agency in any printed or oral communica-tion including but not limited to leaflets, tracts or other printed material, or that any licensing denotes ap-proval by the governmental agency.5.Gift offers:i.Offer or advertise any gift, free item or bonus without fully disclosing the terms or conditions of the offer,including expiration date of the offer and when the gift, free item or bonus will be given; orii.Fail to comply with the terms of such offer.6.Price and financing:i.Misrepresent to a prospective buyer that an introductory, confidential, close-out, going out of business,factory, wholesale, or any other special price or discount is being given, or that any other concession is madebecause of a market survey or test, use of materials left over from another job, or any other reason;ii.Misrepresent that any person, firm or organization, whether or not connected with the seller, is especiallyinterested in seeing that the prospective buyer gets a bargain, special price, discount or any other benefit orconcession;iii. Misrepresent or mislead the prospective buyer into believing that insurance or some other form of protectionwill be furnished to relieve the buyer from obligations under the contract if the buyer becomes ill, dies or isunable to make payments;iv. Misrepresent or mislead the buyer into believing that no obligation will be incurred because of the signing ofany document, or that the buyer will be relieved of some or all obligations under the contract by the signingof any documents;v.Request the buyer to sign a certificate of completion, or make final payment on the contract before the homeimprovement is completed in accordance with the terms of the contract;vi. Misrepresent or fail to disclose that the offered or contract price does not include delivery or installation, orthat otherrequirements must be fulfilled by the buyer as a condition to the performance of labor, services, orthe furnishing of products or materials at the offered or contract price;vii. Mislead the prospective buyer into believing that the down payment or any other sum constitutes the fullamount the buyer will be obligated to pay;viii. Misrepresent or fail to disclose that the offered or contract price does not include all financing charges,interest service charges, credit investigation costs, building or installation permit fees, or other obligations,charges, cost or fees to be paid by the buyer;ix. Advise or induce the buyer to inflate the value of the buyer’s property or assets, or to misrepresent or falsifythe buyer’s true financial position in order to obtain credit; orx.Increase or falsify the contract price, or induce the buyer by any means to misrepresent or falsify the contractprice or value of the home improvement for financing purposes or to obtain additional credit.7.Performance:
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38 i.Deliver materials, begin work, or use any similar tactic to unduly pressure the buyer into a home improve-ment contract, or make any claim or assertion that a binding contract has been agreed upon where no finalagreement or understanding exists;ii.Fail to begin or complete work on the date or within the time period specified in the home improvementcontract, or as otherwise represented, unless the delay is for reason of labor stoppage; unavailability ofsupplies or materials, unavoidable casualties, or any other cause beyond the seller’s control. Any changes inthe dates or time periods stated in a written contract shall be agreed to in writing; oriii. Fail to give timely written notice to the buyer of reasons beyond the seller’s control for any delay in perfor-mance, and when the work will begin or be completed.8.Competitors:i.Misrepresent that the work of a competitor was performed by the seller;ii.Misrepresent that the seller’s products, materials or workmanship are equal to or better than those of acompetitor; oriii. Use or imitate the trademarks, trade names, labels or other distinctive marks of a competitor.9.Sales representations:i.Misrepresent or mislead the buyer into believing that a purchase will aid or help some public, charitable,religious, welfare or veterans’ organization, or misrepresent the extent of such aid or assistance;ii.Knowingly fail to make any material statement of fact, qualification or explanation if the omission of suchstatement, qualification or explanation causes an advertisement, announcement, statement or representationto be false, deceptive or misleading; oriii. Misrepresent that the customer’s present equipment, material, product, home or a part thereof is dangerousor defective, or in need of repair or replacement.10. Building permits:i.No seller contracting for the making of home improvements shall commence work until he is sure that allapplicable state or local building and construction permits have been issued as required under state laws orlocal ordinances; orii.Where midpoint or final inspections are required under state laws or local ordinances, copies of inspectioncertificates shall be furnished to the buyer by the seller when construction is completed and before finalpayment is due or the signing of a completion slip is requested of the buyer.11. Guarantees or warranties:i.The seller shall furnish the buyer a written copy of all guarantees or warranties made with respect to laborservices, products or materials furnished in connection with home improvements. Such guarantees or war-ranties shall be specific, clear and definite and shall include any exclusions or limitations as to their scope orduration. Copies of all guarantees or warranties shall be furnished to the buyer at the time the seller presentshis bid as well as at the time of execution of the contract, except that separate guarantees or warranties of themanufacturer of products or materials may be furnished at the time such products or materials are installed.12. Home improvement contract requirements--writing requirement: All home improvement contracts for a pur-chase price in excess of $ 200.00, and all changes in the terms and conditions thereof shall be in writing. Homeimprovement contracts which are required by this subsection to be in writing, and all changes in the terms andconditions thereof, shall be signed by all parties thereto, and shall clearly and accurately set forth in legibleform all terms and conditions of the contract, including, but not limited to, the following:i.The legal name and business address of the seller, including the legal name and business address of the salesrepresentative or agent who solicited or negotiated the contract for the seller;ii.A description of the work to be done and the principal products and materials to be used or installed inperformance of the contract. The description shall include, where applicable, the name, make, size, capac-ity, model, and model year of principal products or fixtures to be installed, and the type, grade, quality, sizeor quantity of principal building or construction materials to be used. Where specific representations are
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39 made that certain types of products or materials will be used, or the buyer has specified that certain types ofproducts are to be used, a description of such products or materials shall be clearly set forth in the contract;iii. The total price or other consideration to be paid by the buyer, including all finance charges. If the contractis one for time and materials, the hourly rate for labor and all other terms and conditions of the contractaffecting price shall be clearly stated;iv. The dates or time period on or within which the work is to begin and be completed by the seller;v.A description of any mortgage or security interest to be taken in connection with the financing or sale of thehome improvement; andvi. A statement of any guarantee or warranty with respect to any products, materials, labor or services made bythe seller.13. Disclosures and obligations concerning preservation of buyers’ claims and defenses:i.If a person other than the seller is to act as the general contractor or assume responsibility for performance ofthe contract, the name and address of such person shall be disclosed in the oral or written contract, except asotherwise agreed, and the contract shall not be sold or assigned without the written consent of the buyer;ii.No home improvement contract shall require or entail the execution of any note, unless such note shall haveconspicuously printed thereon the disclosures required by either State law (N.J.S.A. 17:16C-64.2 (consumernote)) or Federal law (16 C.F.R. section 433.2) concerning the preservation of buyers’ claims and defenses.SUBCHAPTER 17.(RESERVED)SUBCHAPTER 18.PLAIN LANGUAGE REVIEW13:45A-18.1 Fee for contract reviewAny creditor, seller, insurer, lessor, or any person in the business of preparing and selling forms of consumer contracts,requesting a review of a consumer contract, or writing required to complete the consumer transaction, to determine itscompliance with the Plain Language Act, N.J.S.A. 56:12-1 et seq., shall pay to the Director of the Division of ConsumerAffairs a fee in the amount of $50.00.SUBCHAPTER 19.PETITION FOR RULEMAKING13:45A-19.1 Petition for promulgating, amending or repealing rules(a) Any interested person may file a petition with the Director of the Division of Consumer Affairs or with any board,bureau, committee or other agency located within the Division to promulgate, amend or repeal a rule.(b) With respect to a petition for a new rule, the petitioner shall include his or her name and address, the substance ornature of the request, the problem or purpose which is the subject of the request, the proposed text of the new ruleand the statutory authority under which the requested action may be taken.(c) With respect to a petition for an amended rule, the petitioner shall indicate any existing text to be deleted and includeany new text to be added.(d) Within 15 days of receiving the petition, the Director shall file with the Office ofAdministrative Law for publicationin the New Jersey Register a notice of petition pursuant to N.J.A.C. 1:30-3.6(a).(e) Within 30 days of receiving the petition, the Director or the board, bureau, or other agency located within theDivision shall, pursuant to N.J.S.A. 52:14B-4(f), either deny the petition, giving a written statement of its reasons, orproceed to act on the petition, which action may include initiation of a formal rulemaking proceeding. The Directoror the administrative head of the appropriate board, bureau, committee or other agency located within the Divisionshall advise the petitioner in writing of the response to the request and shall file with the Office of AdministrativeLaw for publication in the New Jersey Register a notice of action on the petition pursuant to N.J.A.C. 1:30-3.6(b).
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40 SUBCHAPTER 20.RESALE OF TICKETS OF ADMISSION TO PLACES OF ENTERTAINMENT13:45A-20.1 Delayed effective date of regulationPursuant to P.L. 1995, c.169, which became effective October 5, 1995, the provisions of N.J.A.C. 13:45A-20.5(c) and20.5(e) will become effective April 5, 1997.13:45A-20.1A DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly indicates otherwise:“Advertisement means any attempt by a licensee to directly or indirectly induce the purchase of tickets, appearing in anynewspaper, magazine, periodical, circular, sign or other written matter placed before the public, or in any radio or televisionbroadcast or any other media, electronic or otherwise.“Director” means the Director of Consumer Affairs in the Department of Law and Public Safety.“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.“Person” means corporations, companies, associations, societies, firms, partnerships and joint stock companies as wellas individuals.“Place of entertainment” means any privately or publicly owned and operated entertainment facility within the State ofNew Jersey such as a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits,games or contests are held and for which entry fee is charged.“Ticket” means any piece of paper which indicates that the bearer has paid for entry or other evidence which permitsentry to a place of entertainment.“Ticket agent” means any person who is involved in the business of selling or reselling of admission to places of enter-tainment who charges a premium in excess of the price, plus taxes, printed on the tickets.“Ticket reseller” means any person who is involved in the business of reselling tickets of admission to places of enter-tainment who charges a premium in excess of the price, plus taxes, printed on the tickets.13:45A-20.2 Licensure(a) An application for licensure shall be on a form prescribed by the Director.(b) An application for licensure shall not be approved unless the Director finds that the submitted application form iscomplete in all respects.(c) An application for licensure shall be accompanied by a bond in due form made payable to the Division of ConsumerAffairs, State of New Jersey in the sum of $10,000 with two or more sufficient sureties or an authorized suretycompany, which bond shall be approved by the Director.1.A suit to recover on the bond may be brought by the person damaged or by the Division of Consumer Affairs.2.Upon the commencement of any action or actions against the surety upon the bond, the surety shall immedi-ately notify the Division of Consumer Affairs.3.The licensee shall file a new and additional bond in the sum of $10,000 consistent with provisions of P.L. 1983,Chapters 135 and 220 within 30 days of the commencement of a suit to recover on the bond.4.Any failure by the licensee to file such a new and additional bond within such period shall constitute cause forthe revocation of the license previously issued to the licensee.(d) The Director shall afford an applicant who has been rejected for licensure, an opportunity to be heard in accordancewith the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.1.The burden of establishing that the application should be approved shall rest with the applicant.(e) The Director may consider in determining whether or not to grant a license:1.Whether the applicant has previously been found to have violated or been convicted of any statute or crimeinvolving dishonesty, fraud or deceit.
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41 2.Whether the applicant is financially responsible.13:45A-20.3 Fees: new or renewal license(a) An application for a new or renewal license, shall be submitted on an application form obtained from the Director,fully executed and accompanied by a fee of $300.00 in the form of a money order or certified check made payable tothe order of the State of New Jersey, Division of Consumer Affairs.(b) A refund of 50 percent of the fees shall be made by the Division of ConsumerAffairs when an application is rejected.Fifty percent of the fee shall be retained by the Division to cover administrative and investigative costs in theprocessing of the application.(c) A request by a licensee for a copy of the license issued for the purpose of display in a branch office shall be accom-panied by a fee of $50.00.(d) A request for a change of business address shall be accompanied by a fee of $10.00.13:45A-20.4Place of business(a) A ticket reseller shall maintain a bona fide place of business.1.A bona fide place of business when used in this subsection shall include, but is not limited to, a place ofbusiness which provides reasonable access to the public.(b) A ticket reseller shall not sell nor permit any employee, agent or servant to sell any ticket for a place of entertainmentat any location other than those places of business licensed for the sale of tickets by the Director(c) A licensee shall request the prior approval of the Director for any change in the business address.(d) A license shall not be transferred nor assigned.1.A corporate licensee shall notify the Director prior to any change in the ownership interest in the licensedbusiness including but not limited to a transfer of 10 percent or more of stock interest held therein.(e) A licensee shall clearly and conspicuously post his license in each of his places of business.13:45A-20.5 Sale or exchange(a) A licensee shall not sell or exchange any ticket for entry to a place of entertainment without first impressing his orher sale or exchange stamp clearly showing the license number issued by the Division on the reverse side of thatportion of each ticket which is retained by the owner of the place of entertainment.1.A ticket shall bear the stamp of every licensee engaged in its sale or exchange.(b) A place of entertainment or its agent shall not sell or resell any ticket for entry to a place of entertainment unless thereis printed on the face of each ticket the price charged therefor.(c) A place of entertainment shall not sell or resell any ticket for entry to a place of entertainment unless the maximumpremium, not to exceed 20 percent of the ticket price or $3.00 whichever is greater, plus taxes, at which a ticket maybe resold shall be printed either in a dollar amount or as a formula on the face or back of any ticket. Where themaximum premium which may be charged for a ticket is printed on the back side of the ticket, the phrase “seereverse side” shall appear on the face of each ticket or ticket stock printed after the effective date of the regulations.(d) It shall be a prohibited practice for a ticket reseller as a condition of selling or exchanging a ticket for a particularentertainment event, to require a buyer to purchase other tickets.(e) It shall be a prohibited practice for a licensee to accept or demand any other things of value in excess of the lawfulpurchase price of a ticket.(f) Any buyer who pays any monies towards the purchase of a ticket and fails to receive the promised ticket on thepromised delivery date shall be given notification by the ticket reseller of the failure to deliver tickets and shall begiven the option of receiving a full refund within 30 days or consenting to an extension of the delivery date.(g) A ticket reseller shall provide a buyer of a ticket with a receipt which specifies the date on which the tickets will bedelivered to the buyer and the total purchase price for the tickets.
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42 13:45A-20.6 Records(a) A ticket reseller shall keep full and accurate sets of records maintained in accordance with generally accepted ac-counting practices and principles.(b) Records of a ticket reseller shall clearly set forth:1.The prices at which all tickets have been bought and sold by the ticket reseller.2.The names and addresses of the persons from whom the ticket reseller purchased the tickets and to whom theticket reseller sold the tickets.(c) Records of a ticket reseller shall include sales invoice books.1.The invoices used shall be printed and numbered consecutively.2.The invoices used shall be in duplicate, the original of which shall be given to the purchaser and the duplicatekept by the ticket reseller in consecutive order.3.The invoices used shall include the following information:i.Date of the transaction;ii.Name and place of entertainment;iii. Number of ticket(s) sold;iv. Price of ticket(s) with ticket reseller’s premium recorded separately.v.Seat location;vi. Date of performance;vii. Whether payment was made by cash, check or charge account;viii. Name and address of purchaser;(d) Records of a ticket reseller shall include a sales journal which reflects a record of daily sales.(e) Records set forth in this subchapter shall be made available for inspection by the Division at any reasonable time andupon reasonable notice.13:45A-20.7 Advertising(a) A ticket reseller shall not attempt in any advertising material, directly or indirectly, to include any statement orrepresentation relating to a concert that has not been scheduled to occur on a particular date and at a specific place ofentertainment.(b) A licensee shall clearly and conspicuously disclose his license number in any public advertisement or advertisingmaterial.(c) Advertising for any event by a ticket reseller shall include the price charged by a place of entertainment for eachticket offered for sale but ticket prices are not required to be included in pamphlets, brochures or billboards preparedas a schedule of events prior to the time a ticket is offered for sale.SUBCHAPTER 21.REGULATIONS CONCERNING THE SALE OF FOOD REPRESENTED AS KOSHER13:45A-21.1DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextindicates otherwise:“Advertises, represents or holds itself out” means engaging, directly or indirectly, in promotional activities including,but not limited to, oral representations, newspaper, radio and television advertising, telephone book listings, distribution offliers and menus and any in-store signs or announcements.“Dairy” means a food that is or contains any milk or milk derivative.
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43 “Dealer” means any establishment that advertises, represents or holds itself out as selling, preparing or maintaining foodas kosher. This shall include, but not be limited to, manufacturers, slaughterhouses, wholesalers, stores, restaurants, hotels,caterers, catering facilities, butcher shops, summer camps, bakeries, delicatessens, supermarkets, grocery stores, nursinghomes, freezer dealers and food plan companies. Such establishments may also deal in food not represented as kosher.“Director” means the Director of the Division or his or her designee.“Disclosure” means the form(s) provided by the Division and executed by a dealer for the purpose of disclosing toconsumers and to the Division practices relating to the preparation, handling and sale of food represented to be kosher.“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.“Food” means a food, food product, ingredient, dietary supplement or beverage.“Kosher brand” means a branding symbol approved by the United States Department ofAgriculture and used by slaugh-terhouses.“Meat” means animal and/or poultry meat, meat products and/or meat by-products.“Pareve” means a food which contains neither meat nor dairy products and unless otherwise disclosed by the merchantis represented to be kosher.“Person” means an individual, corporation, business trust, trust, estate, partnership, association, two or more personshaving a joint or common interest or any other legal or commercial entity. When used in this subchapter, “person” shallinclude, but not be limited to, all retail establishments, all dealers as defined above, manufacturers, wholesalers, processors,slaughterhouses and all others along the chain of commerce from the time the product is produced or, in the case of meat orpoultry, from the time of slaughter to the time of its sale.“Plumba” means the seal commonly used in the kosher industry with the word “kosher” indicated either in English orHebrew letters, and with certain letters, figures or emblems indicated that will positively identify such plumba with theparticular slaughterhouse where the animal or poultry was slaughtered or processed.“Properly sealed packages” means those packages which bear a kosher symbol insignia and are sealed by the manufac-turer, processor or wholesaler at its premises.“Sell” means to offer for sale, expose for sale, serve or sell, directly or indirectly.“Tag” means an identification of whatever form bearing the name and address of the slaughterhouse where the animalwas slaughtered, the name of the person who sanctioned the slaughtering of meat at the slaughterhouse named and the dateof the slaughter. All requisite information must be included in English with Arabic numerals. It may also contain theinformation in other languages. When information presented in English with Arabic numerals conflicts with informationpresented in other languages, the information presented in English with Arabic numerals shall be considered definitive.“Wash letter” means the document stating the time and date the meat was last washed. All requisite information must beincluded in English with Arabic numerals. It may also contain information in other languages. When this information is notdelineated on the attached tags, the wash letter must accompany the meat until the meat is fully fabricated. When informa-tion presented in English with Arabic numerals conflicts with the information presented in other languages, the informationpresented in English with Arabic numerals shall be considered definitive.“Wholesaler” means any person selling food to another person where that food is intended for resale.13:45A-21.2 Disclosure requirements(a) A dealer shall post on premises where food is sold, in a location readily visible to the consumer, a completed disclo-sure statement provided by the Division for that purpose.1.In establishments such as hospitals or other places where representations that food is kosher are not made untilafter the consumer has made a request for kosher food, the disclosure shall be provided to the consumer eitherprior to serving the food or together with the food served.2.Nursing homes, summer camps, caterers or other places providing food pursuant to a contract shall provide theconsumer or his or her legal representative with a copy of the disclosure prior to the signing of the contract.This requirement is in addition to the posted disclosure stated in (a) above.
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44 (b) A dealer representing itself as having rabbinical supervision shall post in a location on its premises, readily visible tothe consumer, the completed rabbinical supervision disclosure statement provided by the Division.(c) A dealer selling food represented as kosher for Passover shall post on its premises, in a location readily visible to theconsumer, a completed Passover disclosure provided by the Division for that purpose. The disclosure must beposted at least 30 days before Passover and stay posted until the conclusion of Passover.1.Where a dealer assumes a facility to be used exclusively for the Passover holiday and it is not its regular facility,that dealer is not required to post the Passover disclosure until such time as it takes residence in that facility.2.Nursing homes, summer camps, caterers or other places providing food during Passover pursuant to a contractshall provide the consumer or his or her legal representative with a copy of the disclosure prior to the signing ofthe contract. This requirement is in addition to the posted disclosure stated in (c) above.(d) A dealer shall complete and return to the Division within 14 calendar days of receipt:1.The copy of the disclosure form provided by the Division for that purpose; and2.If representing to be under rabbinical supervision, the copy of the disclosure form provided by the Division forthat purpose; and3.If representing the sale of food as kosher for Passover, the copy of the disclosure form as provided in (c) above.(e) A dealer completing the disclosures as stated in (a), (b), (c) and/or (d) above is required to conform sales practices tothose disclosures.(f) Dealers shall immediately amend disclosures to reflect any change in the posted practices and shall inform theDirector, in writing, and if applicable, any party to a contract, within 14 calendar days of any change in the statedinformation.(g) A dealer representing itself as being under rabbinical supervision shall maintain a permanently bound logbook thatshall include for each inspection visit of the supervising rabbi or his representative the signature and printed name ofthe person performing the inspection, date and time of arrival at the establishment. The logbook shall be maintainedfor a period of not less than two years after the final entry.(h) Persons advertising the sale of both food represented as kosher and food not represented as kosher shall display in aprominent place in its front window or front entrance the following sign which shall be printed in block letters atleast four inches in height: “KOSHER AND NONKOSHER FOOD SOLD HERE.”1.In the case of a restaurant, hotel, caterer or other place where food is served the word “SERVED” may besubmitted for “SOLD.”2.Any dealer posting the disclosure required in (a) above and identifying itself on that form as selling kosher andnonkosher food is not required to post the disclosure stated in this subsection.(i) Any person whose sole representation of kosher is limited to properly sealed packages prepared by others shall beexempt from the requirements of this section.13:45A-21.3 Labeling requirements(a) A dealer shall ensure that all meat and/or poultry slaughtered to be sold as kosher shall have affixed to it at theslaughterhouse a tag and/or plumba.(b) The day of the slaughter, where required, shall be reflected by an incision of a Hebrew letter or an English letter, Athrough F, with Sunday being represented with the letter A. The identification shall be affixed as follows:1.All forequarters of steers, cows, bulls, heifers, and yearling calves (“baby beef”), shall arrive at wholesalers andbutchers with the following kosher identifications:i.Breast, rib plate, chuck, shoulder: A tag attached by a wire or plastic. Additionally, the rib-cage of eachquarter shall indicate the day of slaughter;ii.All hanging tenders, spleens, oxtails, hearts and intestines (kishka) shall be identified with a tag attached bya wire or plastic, and by the use of a rubber stamp. Skirt steaks (from the diaphragm) when disconnected atthe packing house or deboning rooms shall be affixed with a tag attached by a wire or plastic or legiblystamped with a stamp indicating the date of slaughter and kosher supervisor’s name;
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45 iii. Liver: two kosher brands, one on the liver’s top portion, the other near the bottom. Additionally, a tag shallbe attached to the white sinew on the liver’s side, by a wire or plastic;iv. Feet: a tag attached by a plumba-wire to each foot;v.Breads: a tag attached by a plumba-wire to each pair;vi.Brains: a tag attached by a plumba-wire to each brain when sold separately from the head;vii. Tongue: a tag attached by a wire or plastic, as well as a kosher brand; andviii. Breastbone: incisions indicating day of slaughter;2.All foresaddles of veal shall arrive at wholesalers and butchers with the following identification attached at theslaughterhouse:i.Breast: incision on each breast indicating day of slaughter. In addition, each breast shall be affixed with atag attached by a plumba-wire;ii.Rack: each rack shall bear an incision, in the rib-cage area, indicating the day of slaughter. If wholesalers,butchers or processors ship the rack separately, a tag shall be affixed by a wire or plastic to each rack;iii. Liver: a kosher brand, plus a tag attached by a wire or plastic at the white sinew on the liver’s side;iv. Feet: a tag attached by a plumba-wire;v.Breads: a tag attached by a plumba-wire to each pair; andvi. Tongue: a tag attached by a wire or plastic, plus a kosher brand;3.All foresaddles of lamb and mutton shall arrive at wholesalers and butchers with the following identificationattached at the slaughterhouse:i.Breast: incision on each breast indicating day of slaughter. In addition, each breast shall be affixed with atag attached by a plumba-wire;ii.Rack: each rack shall bear an incision, in the rib-cage area, indicating the day of slaughter. If wholesalers,butchers or processors ship the rack separately, a tag shall be affixed by a wire or plastic to each rack;iii. Liver: a kosher brand, plus a tag attached by a wire or plastic at the white sinew on the liver’s side; andiv. Tongue: a tag attached by a wire or plastic, plus a kosher brand; and4.Cheek-meat, ground (chopped) meat, shoulder clods, skirts, flanken, and other such meat that are piled orstored inside plastic bags or vacuum packed and thereafter shipped, shall have a tag placed inside the bag orcontainer as well as a kosher stamp or tag attached to the package’s exterior. If the items have not been salted,a tag indicating the last washing shall be included. Meat shipped as indicated in this paragraph shall not becontained in packages exceeding 10 pounds. Each brisket or plate shipped in “combos” shall be affixed with atag.(c) Portions of meat, excluding poultry, having been fabricated by the wholesaler, regardless of the size of the portion,must have a tag affixed to it. The tag shall bear the name and address of the wholesaler, the name of the slaughter-house from which the meat was purchased, the name of the authority sanctioning the kosher slaughter, the date of thefabrication of the meat and whether the meat has been soaked and salted. If the meat was not soaked and salted thetag must include the date and time of the last washing of the meat.(d) A document containing the information specified in (c) above may be substituted for the tag provided that the meatis identified with either a tag or plumba.(e) Except as provided in (f) below, all poultry sold as kosher must have plumbas affixed at the slaughterhouse, asfollows:1.Turkey necks: 10 pounds or less, in a bag securely closed with a plumba.2.Chicken necks: five pounds or less, in a bag securely closed with a plumba.3.Chicken and turkey livers: five pounds or less, in a bag securely closed with a plumba.4.Chicken and turkey gizzards: five pounds or less, in a bag securely closed with a plumba.
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46 5.Chicken wings: five pounds or less, in a bag securely closed with a plumba.6.Turkey wings: 10 pounds or less, in a bag securely closed with a plumba.7.Chicken and turkey thighs with back portion: five pounds or less, in a bag securely closed with a plumba.8.Chicken and turkey legs: five pounds or less, in a bag securely closed with a plumba.9.Chicken and turkey boneless breasts: five pounds or less, in a bag and securely closed with a plumba.10. Chicken and turkey breasts: five pounds or less, in a bag securely closed with a plumba.11. Chicken and turkey boneless bottom meat: five pounds or less, in a bag securely closed with a plumba.12. Chicken and turkey whole poultry: Each piece shall have a plumba securely affixed to it.(f) A poultry processor may apply to the Director for an exemption from the labeling requirements of (e) above based onvolume sales to an individual entity. The Director retains discretion to approve alternative labeling requirements forsuch shipments.(g) The slaughterer and/or wholesaler of poultry and/or meat sold as kosher shall ensure that plumbas and/or tags areaffixed and so remain, as stated in this section. Slaughterers and/or wholesalers who have sold meat and/or poultrynot in compliance with this section shall not refuse to accept returned poultry and/or meat and must provide a refundfor the returned item.(h) All excised fats, veins or meat trimmings which will be sent to a renderer or discarded shall be put into receptaclesmarked DISCARD. Such fats, veins and trimmings shall not then be sold or used as kosher.(i) A dealer shall not remove plumbas, tags or any other marks of kosher identification affixed to meat and/or poultry atthe slaughterhouse or by the wholesaler until immediately preceding the final fabrication of the product.(j) A dealer shall not remove the identifying kosher marks of any food until immediately prior to the sale or use of theproduct.(k) A dealer who represents in its disclosure that it does not soak and salt its meat but washes it within every 72 hourperiod, shall disclose legibly the date and time of the day, A.M. or P.M., of each washing and the name of the personperforming the washing, on all tags attached to the meat or shall write the information on a wash letter. This appliesto all meat sent from slaughterhouses, wholesalers, butcher shops, or any other place until the meat has been fullyfabricated.(l) A dealer shall indicate the date of packaging on the label of packaged raw meat, excluding poultry.(m) A dealer shall ensure that packaged raw meat, excluding poultry, shall bear one of the following disclosures: “soakedand salted,” “not soaked and salted” or “soaked and salted upon request only.”13:45A-21.4 Recordkeeping requirementsComplete and accurate records of all meat and/or poultry purchased as kosher shall be kept by dealers. This shall includethe name and address of the slaughterhouse, wholesaler or other source from which such purchases are made, the dates,quantities and identity or nature of meat and/or poultry, and copies of all invoices and bills of sale. A dealer shall retain suchrecords on its premises for a two year period following the purchase of properly identified kosher meat and/or poultry. Washletters as referred to in N.J.A.C. 13:45A- 21.1 shall be kept as long as the meat is in possession of the dealer and shall be keptattached to its appropriate invoice.13:45A-21.5 Filing requirements(a) Every dealer shall file annually with the Director:1.If the dealer is under rabbinical supervision, a letter, in English, from a supervising rabbi or rabbinical agencythat the dealer is rabbinically supervised. The letter shall include the name and address of the person providingthe certification, the date the letter was issued, the date it becomes effective, the date it expires, the name andaddress of the dealer receiving certification and the type of establishment certified;2.In the case of products produced on behalf of another person, a letter, in English, from the supervising rabbi orrabbinical agency that states the name and address of the person providing the certification, the date the letterwas issued, the date it becomes effective, the date it expires, the name and address of the manufacturer receiv-
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47 ing certification, the type of establishment certified, and where applicable, the specific products and brandscertified; or3.If the establishment is not under rabbinical supervision, a letter so stating.(b) Any individual or organization giving rabbinical supervision to any dealer located in New Jersey shall file annuallywith the Director a document listing the name, address and type of each establishment that is supervised.(c) Dealers required to file pursuant to this section shall provide written notification to the Director of any changerelated to rabbinical supervision, represented status, address or ownership status within seven business days of suchchange.(d) Any person whose sole representation of kosher products is limited to properly sealed packages prepared by othersshall be exempt from the requirements of this section.13:45A-21.6 Inspections of dealers(a) Inspections are to be conducted by authorized inspectors of the Division.(b) For the purpose of making any inspection an inspector shall have a right of entry to, upon and through the businesspremises of persons making any representation of kosher.13:45A-21.7 Unlawful practices(a) In addition to a violation of any other laws, the following shall constitute an unlawful practice under the ConsumerFraud Act, N.J.S.A. 56:8- 1 et seq.:1.Failure to comply with the disclosure requirements of N.J.A.C. 13:45A- 21.2;2.Failure to comply with the filing requirements of N.J.A.C. 13:45A-21.5;3.Failure to conform sales practices with the posted disclosures;4.Failure to conform posted disclosures with the disclosure filed with the Division;5.Use of any of the following in the advertisement or sale of any food by a dealer that fails to post or file therequired disclosure or by a person not representing itself as selling kosher food:i.By direct statements, orally or in writing, that the food sold is kosher or pareve;ii.By display or by inscription on any food or its package, container or contents, the word “kosher”, “pareve”,“Glatt” or “rabbinical supervision” or similar expression, in any language, or by any sign, emblem, insignia,six-pointed star, Menorah, symbol or mark in simulation of the word kosher unless such inscription is on aproperly sealed package; oriii. By display on any interior or exterior sign, menu or otherwise, or by advertisement, either oral or in writing,the words “kosher-style”, “kosher-type”, “Jewish”, “Hebrew”, “holiday (Jewish) foods”, “traditional (Jew-ish)”, “Bar Mitzvah”, “Bat Mitzvah” or other similar words, either alone or in conjunction with the word“type”, “style” or other similar expression, unless there is clearly and conspicuously stated a disclaimer inthe same size type or letters in some prominent place or location on the sign or menu or in the case of anadvertisement in type no smaller than the smallest type in the advertisement, and in no event less than10-point type, that the product or products offered for sale are not represented as kosher.(1) The disclaimer shall appear in a box within the advertisement and shall be preceded with the word“NOTICE” or other similar word, in not smaller than bold 14-point type.(2) An advertisement that utilizes any kosher symbol that also promotes the sale of non-kosher food is inviolation of this section unless there is clearly and conspicuously stated in the advertisement a dis-claimer in accordance with the requirement of this section, that some of the food offered for sale is notrepresented to be kosher;6.By advertising an establishment as being under rabbinical supervision without including in the advertisementthe name of the supervising rabbi or agency;7.By representing a food and/or an establishment as being under rabbinical supervision when that food and/orestablishment is not in conformance with the requirements of that supervision;
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48 8.Use by any person of a recognized kosher food symbol, including but not limited to OU, OK, Kof-K, Triangle-K,Star-K, without first obtaining written authorization from the person or agency represented by that symbol;9.Use of the word(s) “kosher” or “pareve” or a kosher symbol insignia or the letter(s) “K”, “KM,” “KP” or “KD”,on properly sealed packages that are not produced under rabbinical supervision, shall bear the statement “notunder rabbinical supervision” in bold type on the label;10. Use of the letter “P” as part of a kosher symbol on any product when that product is not represented as kosherfor Passover;11. Possession by any person, other than the manufacturer or packer at its premises, of kosher or kosher for Pass-over identification bearing a kosher symbol, unless the certifying entity of that symbol authorizes applicationof that symbol to that product on that premise;12. Possession by any person of meat and/or poultry represented as having been slaughtered to be sold as kosher,when that meat and/or poultry is not properly identified with the slaughterhouse tag and/or plumba or thewholesaler’s tag;13. Failure to comply with the labeling requirements of N.J.A.C. 13:45A-21.3;14. Failure to comply with the recordkeeping requirements of N.J.A.C. 13:45A-21.4;15. Failure to allow an inspector entry upon the business premises of a dealer or to interfere in any way with aninspection;16. Failure to respond in a timely fashion to an inquiry conducted by the Division;17. Failure to attend any scheduled proceeding as directed by the Division. In the event that a person elects to retaincounsel for the purpose of representation in any such proceeding, it shall be the person’s responsibility to do soin a timely fashion. The failure of a person to retain counsel, absent a showing of good cause for such failure,shall not require an adjournment of the proceeding;18. Failure to answer any question pertinent to an inquiry made pursuant to N.J.S.A. 56:8-3, or other applicablelaw, unless the response is subject to a bona fide claim of privilege; or19. Failure to make a proper and timely response by way of appearance and/or production of documents to anysubpoena issued pursuant to N.J.S.A. 56:8-3 or as otherwise may be provided by law.13:45A-21.8 PresumptionsPossession by a dealer of any product not in conformance with its disclosure is presumptive evidence that the dealer is inpossession of that food with the intent to sell.SUBCHAPTER 22.(RESERVED)SUBCHAPTER 23.DECEPTIVE PRACTICES CONCERNING WATERCRAFT REPAIR13:45A-23.1 Definitions“Customer” means the owner, or any family member, employee or any other person whose use of the watercraft isauthorized by the owner.“Director” means the Director of the Division of Consumer Affairs.“Repair of watercraft” means all maintenance and repair to such watercraft, its engine or motor, but excluding lubrica-tion, oil changes, installing light bulbs, and other such minor accessories and services. No service or accessory to be installedshall be excluded for purpose of this rule if the Director determines that the performance of the service or the installation ofan accessory requires mechanical expertise has given rise to a high incidence of fraud or deceptive practices or involves apart of such watercraft essential to its safe operation.“Watercraft” includes but is not limited to any craft, boat or vessel, powerboat, sailboat, motor sailer, mono hull, catama-ran or trimaran, documented or registered (if required) in the State of New Jersey or by any other agency having authority todocument or register watercraft.
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49 “Watercraft repair dealer” means any person who, for compensation, engages in the business of performing or employ-ing persons who perform maintenance, diagnosis or repair services on any watercraft, its propulsion system (internal com-bustion or electrical, inboard or outboard) or the replacement of parts including, but not limited to, hull planking, fiberglasssections and standing rigging, and shall include, but not be limited to, boat dealers, repair shops (fixed, mobile or marina) andmarinas where such maintenance, diagnosis or repair services are available. Excluded are those persons who engage in thebusiness of repairing watercraft of commercial or industrial establishments or government agencies, under contract or other-wise, but only with respect to such accounts.13:45A-23.2 Deceptive practices: watercraft repairs(a) Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act,N.J.S.A. 56:8-1 et seq., and to afford customers of watercraft repair dealers similar rights and protections afforded tocustomers of automotive repair dealers, N.J.A.C. 13:45A-7.1 et seq., the following acts or omissions shall be decep-tive practices in the conduct of the business of a watercraft repair dealer, whether such act or omission is done by thewatercraft repair dealer, its employees, agents, partners, officers, or members, or by any third party who performssuch service at the request of the watercraft repair dealer.1.Making or authorizing in any manner or by any means whatever any statement, written or oral, which is untrueor misleading, and which is known or, which by the exercise of reasonable care should be known to be untrueor misleading.2.Commencing work for compensation without securing one of the following:i.Specific written authorization from the customer which states the nature of the repair requested or problempresented; orii.If the customer’s watercraft or any part thereof as defined in N.J.A.C. 13:45A-22.1 is presented to thewatercraft repair dealer during other than normal working hours or by one other than the customer, or inother than distress circumstances, oral authorization from the customer to proceed with the requested repairor problem presented, evidenced by a notation on the repair order and/or invoice of the repair requested orproblem presented, date, time, name of person granting such authorization and the telephone number if any,at which said person was contacted.3.Commencing work for compensation without either:i.One of the following:(1) Providing the customer with a written estimated price to complete the repair quoted in terms of anot-to-exceed figure; or(2) Providing the customer with a written estimated price quoted as a detailed breakdown of parts and labornecessary to complete the repair. If the dealer makes a diagnostic examination, the dealer has a right tofurnish such estimate in a reasonable period of time thereafter, and to charge the customer for the cost ofdiagnosis. Such diagnosis charge must be agreed to in advance by the customer. No cost of diagnosiswhich would have been incurred in accomplishing the repair shall be billed twice if the customer electsto have the dealer make the repair. Should it be necessary to haul the watercraft and or transport it to therepair facility where the maintenance, diagnosis or estimate is to be made (in all but distress circum-stances), charges for such hauling and/or transportation shall be disclosed in advance and itemizedseparately on the estimate or invoice; or(3) Providing the customer with a written estimated price to complete a specific repair, for example “repackstuffing box”; or(4) Obtaining from the customer a written authorization to proceed with repairs not in excess of a specificdollar amount. For the purpose of this subchapter, said dollar amount shall be deemed the estimatedprice of repairs; or(5) If the customer waives his right to a written estimate in a written statement, signed by the customerobtaining from the customer oral approval of an estimated price of repairs evidenced by a notation onthe repair or invoice of the estimated price of repairs, date, time, name of person approving such esti-mate, and the telephone number if any, at which such person was contacted; or
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50 ii.If the customer’s watercraft or any part thereof as defined in N.J.A.C. 13:45A-22.1 is presented to the repairdealer during other than normal working hours or by one other than the customer, obtaining from the cus-tomer either:(1) A written authorization to proceed with repairs not in excess of a specific dollar amount. For the pur-pose of this subchapter, said dollar amount shall be deemed the estimated price of repairs; or(2) Oral approval of an estimated price of repairs evidenced by a notation on the repair order or invoice ofthe estimated price of repairs, date, time, name of person approving such estimate and the telephonenumber, if any, at which such person was contacted.4.Failure to provide a customer with a copy of any receipt or document signed by him, when he signs it.5.Making false promises of a character likely to influence, persuade or induce a customer to authorize the repair,diagnosis, service or maintenance of any craft or its propulsion system.6.Charging the customer for work done or parts supplied in excess of any estimated price given, without the oralor written consent of the customer, which shall be obtained after it is determined that the estimated price isinsufficient and before the work not estimated is done or the parts not estimated are supplied. If such consentis oral, the watercraft repair dealer shall make a notation on the repair order and the invoice of the date, time,name of person authorizing the additional repairs and the telephone number called, if any, together with aspecification of the additional parts and labor and total additional cost. The watercraft repair dealer shall obtainthe consent of any customer before any additional work not estimated is done or parts not estimated are sup-plied.7.Failure to return replaced parts to the customer at the time of completion of work, provided that the customer,before work is commenced, requests such return, and provided that the parts, by virtue of their size, weight orother similar factors, are not impractical to return. Those parts and components, that are replaced and that aresold on an exchange basis and those parts that are required to be returned by the watercraft repair dealer to themanufacturer or distributor, are exempt from the provisions of this section.8.Failure to record on an invoice all repair work performed by a watercraft repair dealer or for a customer,itemizing separately the charges for parts and labor, and clearly stating whether any new, rebuilt, reconditionedor used parts have been supplied. A legible copy shall be given to the customer.9.The failure to deliver to the customer, with the invoice, a legible written copy of all guaranties, itemizing theparts, components and labor represented to be covered by such guaranty or in the alternative, delivery to thecustomer of a guaranty covering all parts, components and labor supplied pursuant to a particular repair order.A guaranty shall be deemed false and misleading unless it conspicuously and clearly discloses in writing thefollowing:i.The nature and extent of the guaranty including a description of all parts, characteristics or properties cov-ered by or excluded from the guaranty, the duration of the guaranty and what must be done by a claimantbefore the guarantor will fulfill his obligation (such as returning the product and paying service or laborcharges); andii.The manner in which the guarantor will perform. The guarantor shall state all conditions and limitations andexactly what the guarantor will do under the guaranty, such as repair, replacement or refund. If the guarantoror recipient has an option as to what may satisfy the guaranty, this must be clearly stated; andiii.The guarantor’s identity and address shall be clearly revealed in any documents evidencing the guaranty.10. Failure to clearly and conspicuously disclose the fact that a guaranty provides for adjustment on a pro ratabasis, and the basis upon which the guaranty will be pro-rated; that is, the time, the part, component or itemrepaired has been used and in what manner the guarantor will perform. If adjustments are based on the priceother than that paid by the customer, clear disclosure must be made of the amount. However, a fictitious pricemust not be used even where the sum is adequately disclosed.11. Failure to post in a conspicuous place a sign informing the customer that the watercraft repair dealer is obli-gated to provide a written estimate when the customer physically presents such watercraft to the dealer duringnormal working hours and, in any event, before work is commenced except in distress circumstances. Inaddition, copies of any receipts or document signed by the customer, a detailed invoice, a written copy of any
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51 guaranty and the return of any replaced parts that have been requested must be provided. The sign is to read asfollows:“A CUSTOMER OF THIS ESTABLISHMENT IS ENTITLED TO:1.When a watercraft, its propulsion system (internal combustion, electrical, inboard or outboard) or any partthereof is presented during normal working hours, and in any event before work begins, a written estimateprice stated either:(A) PRICE NOT TO EXCEED $ and given without charge; or(B) As an exact figure broken down as to hauling, transporting, parts and labor. This establishment has theright to charge you for this diagnostic service, although, if you then have the repair done here you willnot be charged twice for any part of such charge necessary to make the repair.(C) As an exact figure to complete a specific repair.2.For your protection, you may waive your right to an estimate only by signing a written waiver.3.Require that this establishment not start work on your watercraft, its propulsion system (internal combus-tion, electrical, inboard or outboard) or any part thereof until you sign an authorization stating the nature ofthe repair or problem if you physically present the watercraft here during normal working hours.4.A detailed invoice stating charges for parts and labor separately and whether any new, rebuilt, reconditionedor used parts have been supplied.5.The replaced parts, if requested before work is commenced, unless their size, weight or similar factors makereturn of the parts impractical.6.A written copy of any guaranty.”12. Nothing in this section shall be construed as requiring a watercraft repair dealer to provide a written estimate ifthe dealer does not agree to do the repair.13. Any other unconscionable commercial practice prohibited pursuant to N.J.S.A. 56:8-1 et seq.SUBCHAPTER 24.TOY AND BICYCLE SAFETY13:45A-24.1 Purpose and scope(a) The purpose of this subchapter is:1.To implement P.L. 1991, c.250, by setting forth regulations for the reporting of toy-related deaths or injuries;2.To implement P.L. 1991, c.295, by setting forth regulations for disseminating notice of defective or hazardoustoys or other articles intended for use by children; and3.To implement P.L. 1991, c.323, by setting forth regulations for a notice promoting the use of helmets to beaffixed to bicycles sold at retail in the State of New Jersey.(b) The sections of this subchapter shall apply as follows:1.N.J.A.C. 13:45A-24.2 applies to all physicians, defined for purposes of this section as Doctors of Medicine,Doctors of Osteopathy, and Doctors of Podiatric Medicine who are licensed by the State Board of MedicalExaminers, and Doctors of Chiropractic who are licensed by the State Board of Chiropractic Examiners; and tothe medical directors of all licensed health- related facilities located within the State of New Jersey, such ashospitals, public health centers, emergency and other medical treatment centers, or the premises of healthmaintenance organizations if patients are seen or treated therein.2.N.J.A.C. 13:45A-24.3 applies to manufacturers, importers, and distributors of toys or other articles intended foruse by children, and to all dealers who offer to sell or sell such items to consumers in the State of New Jersey.3.N.J.A.C. 13:45A-24.4 applies to all persons in the business of selling bicycles at retail in the State of NewJersey.
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52 13:45A-24.2 Reporting of toy-related injuries(a) As used in this section, the following words shall have the following meanings:“Toy” means a plaything or item primarily marketed for the amusement or recreation of children, as well as any articlethat is designed for use by children, such as a stroller, crib, child-sized furniture, pacifier, teething ring, etc.“Toy-related injury” means an injury to a person of any age caused or worsened by a toy as defined above; the term doesnot include an injury which involved a toy but was not directly caused by the toy or worsened by an apparent characteristicof the toy.(b) Whenever a physician has before him or her a person whose injury or death the physician determines to be orreasonably suspects may be toy-related, the physician or designee shall, as soon as practicable but no later than thenext business day, make a report as follows:1.If the injured person was seen in a private office or non-institutional setting, the physician shall report thetoy-related injury to:Executive DirectorOffice of Consumer ProtectionP.O. Box 45025124 Halsey StreetNewark, New Jersey 07101Tel.: (973) 504-62572.If the injured person was seen in a licensed health-care facility or other medical treatment center, or on thepremises of a health maintenance organization, the physician or designee shall promptly report the injury ordeath to the medical director of that organization.3.The medical director shall transmit the information supplied pursuant to (b)2 above as soon as practicable butno later than the next business day to the Office of Consumer Protection at the address set forth in (b)1 above.(c) The initial report to the Office of Consumer Protection shall be made by telephone during business hours (8:30A.M.to 4:30 P.M. Monday through Friday); the physician or medical director, as applicable, shall then complete a writtenform provided by the Office of Consumer Protection and shall return it within seven days of receipt to the address setforth in (b)1 above.(d) The Division Director shall maintain a record of the toy-related injuries or deaths reported by physicians and medi-cal directors and shall:1.Prepare a report which does not identify either the physician or patient involved;2.Transmit the information on a regular basis to the U.S. Consumer Product Safety Commission; and3.Make the report available monthly to the public, upon request to the Office of Consumer Protection at theaddress set forth in (b)1 above. The request shall include a check or money order, payable to “Division ofConsumer Affairs,” for the processing fee of $5.00. Cash will not be accepted.(e) If upon review of such reports of injury or death, the Director determines that a specific toy may pose an immediatedanger to the residents of this State, the Director shall issue a statement warning the public that such reports havebeen received.(f) The Director may release the information identifying the physician and/or patient involved solely to an appropriategovernmental organization for good cause shown.(g) Failure by a physician or medical director to report a toy-related injury or death as set forth herein shall be referredby the Director to the attention of the State Board of Medical Examiners, or the State Board of Chiropractic Exam-iners, as applicable.13:45A-24.3 Toy recall notices(a) As used in this section, the following words shall have the following meanings:“Dealer” means a person who sells at retail a toy or other article intended for use by children. A dealer who sells atwholesale such toy or article shall, with respect to that sale, be considered the “distributor” of that item.
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53 “Director” means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.“Distributor” means a person who sells at wholesale a toy or other article intended for use by children, or a parentcompany which purchases said items and distributes them to its authorized outlet stores.“Manufacturer” means a person who, under any name, manufactures or imports a toy or other article distributed in NewJersey. When the toy or other article is distributed or sold under a name other than that of the actual manufacturer of the toyor other article, the term “manufacturer” includes any person under whose name the toy or other article is distributed or sold.(b) Any manufacturer, distributor or dealer who, pursuant to any law or any regulation of the U.S. Consumer ProductSafety Commission, is required to give public notice or who voluntarily gives such notice, with regard to a defect orhazard in any toy or other article intended for use by children, shall at the same time notify the Director, in writing,at the following address:Executive DirectorOffice of Consumer ProtectionP.O. Box 45025124 Halsey StreetNewark, New Jersey 07101Tel. (973) 504-6257(c) A dealer shall maintain a record of receipt of toy recall notices, including the date of receipt, and shall make itavailable upon request to a representative of the Office of Consumer Protection.(d) A dealer who is notified by a manufacturer, a distributor, or the U.S. Consumer Product Safety Commission of adefective or hazardous toy or other article intended for use by children shall, if the dealer has carried or normallycarries such item, prominently display that notification for at least 120 days after its receipt on each premises wherethe toy or article was sold or would normally be sold, as follows:1.Each notification shall be displayed at the principal entrance of the store, or in the cash register area, or in alocation elsewhere that is readily accessible to the public. Notifications shall be placed so that they can beeasily read by adult persons of average height and normal vision. No structures, furniture, boxes, merchandise,packaging material, etc., shall impede access to the display of notifications.(e) The Director shall publish and disseminate to the public, at least quarter-annually, a summary of toys and other itemsintended for use by children, which items have been found to be defective or hazardous. The summary shall bedrawn from findings of the U.S. Consumer Product Safety Commission and voluntary notices from manufacturers ordistributors. In addition, the Director shall alert the public about particular toys or items, as warranted from time totime.(f) Failure to comply with any requirement ofthis section shall be deemed a violation of the Consumer Fraud Act,N.J.S.A. 56:8-2 et seq.13:45A-24.4 Bicycle safety notices(a) A bicycle safety statement promoting the use of helmets shall be prominently affixed to every new or used bicycleoffered to be sold or sold at retail by a person in the business of selling bicycles. The statement shall be attached tothe seat, handlebar or, if in the form of a decal, to the top tube of the bicycle or, if unassembled, prominently printedon or firmly attached to the outside of the box or carton containing the unassembled bicycle.(b) The statement may be in the form of the warning card, “This Bike is Missing One Part,” designed by the New JerseyCoalition for Prevention of Developmental Disabilities, available from:The New Jersey Coalition for Prevention of Developmental Disabilities985 Livingston AvenueNorth Brunswick, New Jersey 08902Tel. (908) 246-2525Alternatively, the statement promoting the use of bicycle helmets may be in the form of a tag, notice, or decaldesigned by the bicycle supplier or retailer, provided the wording is clear and concise, appears in no less than20-point type if in the form of a tag or notice and no less than 18-point type if in the form of a decal, and is printedin boldface capital letters, in color contrasting with the background. The tag or notice shall be made of cardboard,
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54 durable paper or plastic, and shall be no smaller than four inches by six inches if in the form of a tag or notice and noless than one by two inches if in the form of a decal; it may be covered by transparent plastic but shall not beobscured.(c) A statement promoting the use of bicycle helmets that is contained within the text of the owner’s manual, shall notsatisfy the requirement.SUBCHAPTER 25.SELLERS OF HEALTH CLUB SERVICES13:45A-25.1 “Health club” defined(a) The term “health club” shall include any establishment which:1.Devotes at least 40 percent of its facility to the preservation, maintenance, encouragement or basic developmentof physical fitness or physical well-being through physical exercise; and2.Where patron use is predominantly at will (that is, usage is permitted whenever the establishment is open orduring specified time periods, such as “weekends”, “weekdays”, “mornings”, etc.).(b) The term “health club” shall not include a single focus establishment/facility that is devoted to the development ofone particular physical skill, or activity or enjoyment of one specific sport. The following facilities are not subject tothe Act Regulating Sellers of Health Club Services, P.L. 1987, c. 238 (“Act”):1.Basic aerobic and “dance exercise” centers operating on a scheduled lesson or hourly basis;2.Children’s gyms (commercial play-spaces with trampolines and other gymnastic equipment) operating on ascheduled lesson or hourly basis;3.Martial arts schools (for example, karate institutes);4.Dancing schools (for example, ballet and jazz);5.Gymnastic schools operating on a scheduled lesson or hourly basis;6.Tanning salons (“sun studios”);7.Weight control centers;8.Metabolic and nutrition centers;9.Other single sport centers (for example, swim clubs, tennis clubs and racquetball clubs).(c) Health club facilities located in hotels, motels, condominiums, cooperatives, corporate offices or other businessfacilities and which charge fees comparable to other for-profit health clubs are subject to the Act unless usage islimited to guests, residents or employees at no charge or at nominal cost, in which event the facilities are not withinthe scope of the Act.13:45A-25.2 Registration; fees(a) Applicant(s) shall request information from the Health Club Coordinator, Office of Consumer Protection, Post Of-fice Box 45025, Newark, New Jersey 07101 regarding the initial registration of a facility; thereafter an applicationshall be forwarded to the applicant, along with a copy of the Act and a copy of all current rules.(b) Any person who offers for sale or sells health club services shall pay to the Director of the Division of ConsumerAffairs a registration fee of $300.00 every two years for each health club facility operated, $150.00 if paid during thesecond half of the biennial period.(c) Upon verification of the information submitted in the application, payment of the registration fee and posting of asecurity, if not exempt from that requirement pursuant to N.J.A.C. 13:45A-25.4, a Certificate of Registration and theNotice described in (e) below shall be issued to the facility. The Certificate of Registration and Notice shall bedisplayed in a prominent place at the main entrance of each health club facility.(d) Each contract for health club services shall contain, in the upper right-hand corner, the facility’s Certificate ofRegistration number.(e) The following shall be the text of the Notice to be provided by the Division to each registered facility:
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55 NOTICEThis facility is registered as a seller of health club services by the State of New Jersey, Departmentof Law and Public Safety, Division of Consumer Affairs, 124 Halsey Street, Newark, New Jersey07102. Such registration does not mean that this facility has been approved or endorsed by thatagency. Patrons are advised that under New Jersey law, facilities offering contracts for healthclub services for longer than a three-month period must post with the Division of ConsumerAffairs security against failure to provide such services.(f) A registrant may note in advertising that it is a registered health club; however, a registrant shall not state or implythat the facility has been approved or endorsed by the Division.(g) All registrations shall expire every two years on the 10th day of February.13:45A-25.3 Exemption from registration(a) Where a facility claims exemption from registration because less than 40 percent of its square footage is devoted tohealth club services, the facility shall calculate the 40 percent square footage on the basis of the total indoor squarefootage of the establishment including the exercise equipment area(s), sauna(s), swimming pool(s), locker facilitiesand shower areas. The facility shall return a completed application form to the Division of Consumer Affairs alongwith documentation of the “less than 40 percent” claim, which shall include:1.A schematic drawing noting the dimensions and use of each area of the facility;2.A list of the various rooms/spaces with the total square footage of each room/space;3.A statement of the total square footage of the facility; and4.Two sample advertisements or brochures if any have been published by the facility within a three month periodprior to the date documentation is filed.(b) If, after the filing of the claim of exemption from registration, a facility makes an internal or external change inspace allocation which changes the relationship of the health club services area to the total premises, the facility shallfile a revised schematic diagram with the Division. This filing shall be made no later than 90 days after the datewhen the change in space allocation is completed.(c) A claim of exemption from registration because less than 40 percent of the facility’s square footage is devoted tohealth club services shall be subject to on-site verification at the discretion of the Director of the Division.13:45A-25.4 Exemption from security requirementA separate Declaration of Exemption from Security Requirement shall be filed for each facility claiming exemption fromthe bond/letter of credit/security requirement of N.J.S.A. 56:8-41 because its membership contracts are for a period no longerthan three months. When the Declaration of Exemption from Security Requirement is filed, it must be accompanied by acopy of a written contract as proof that the contract duration is for a period of no longer than three months. The Declarationof Exemption from Security Requirement shall be available upon request from the Health Club Coordinator, Office ofConsumer Protection, Post Office Box 45025, Newark, NJ 07101.13:45A-25.5 Documentation of maintenance of securityEach establishment which has posted a bond as security shall maintain complete and accurate records relating to thebond and premium payments made thereon. Each establishment which has posted a letter of credit or provided other securityacceptable to the Director of the Division shall maintain complete and accurate records relating to those items. These recordsshall be available on the premises of the establishment for review by the Director or his or her designated representative onany operating day.13:45A-25.6 Violations; sanctionsWithout limiting the prosecution of any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A.56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions contained in the ConsumerFraud Act.
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56 SUBCHAPTER 26.AUTOMOTIVE DISPUTE RESOLUTION13:45A-26.1 Purpose and scope(a) The purpose of this subchapter is to implement the Lemon Law, P.L. 1988, c.123, by establishing an automotivedispute resolution system within the Division of Consumer Affairs in conjunction with the Office of AdministrativeLaw. The subchapter also sets forth the method of refund computation, and details the reporting requirements andprocedure for publication of compliance records of manufacturers of motor vehicles.(b) This subchapter is applicable to:1.All manufacturers of passenger cars and motorcycles registered, sold or leased in the State of New Jersey;2.All purchasers and lessees of passenger cars and motorcycles registered, sold or leased in the State of NewJersey; and3.Dealers servicing such vehicles whether their service facilities are located within or outside of the State.13:45A-26.2 DefinitionsAs used in this subchapter, the following words shall have the following meanings:“Days” means calendar days.“Director” means the Director of the Division of Consumer Affairs.“Dispute Resolution System” means a procedure established by the Division of Consumer Affairs and the Office ofAdministrative Law for the resolution of disputes regarding motor vehicle nonconformity(s) through summary administra-tive hearings.“Lemon Law” means P.L. 1988, c.123, an Act concerning new motor warranties and repealing P.L. 1983, c.215, asamended by P.L. 1993, c.21.“Lemon Law Unit” (“LLU”) means the administrative unit within the Division of Consumer Affairs that processesLemon Law matters.“Motor vehicle” means a passenger automobile or motorcycle as defined in N.J.S.A. 39:1-1, that is registered, sold orleased in the State of New Jersey, whether purchased, leased, or repaired in the State or outside the State.“Nonconformity” means a defect or condition which substantially impairs the use, value or safety of a motor vehicle.“OAL” means the Office of Administrative Law.“Out of service” means the number of days the defective motor vehicle is on the premises of a repair facility for thepurpose of repairing one or more nonconformities; delays caused by the consumer, such as a delay in picking up the motorvehicle from the facility after notification that it is ready, shall not be counted as days out of service.“Term of protection” means within the first 18,000 miles of operation or the two years following the original date ofdelivery of the motor vehicle to the consumer, whichever is the earlier date.“Title” means the certificate of ownership of a motor vehicle.13:45A-26.3 Statements to consumer; other notices(a) At the time of purchase or lease of a motor vehicle in the State of New Jersey, the manufacturer, through its dealer orlessor, shall provide the following written statement directly to the consumer on a separate piece of paper, in 10-pointbold-face type:“IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER NEW JERSEY LAWTO A REFUND OF THE PURCHASE PRICE OR YOUR LEASE PAYMENTS. FOR COMPLETE INFORMA-TION REGARDINGYOUR RIGHTSAND REMEDIES UNDER THE RELEVANT LAW, CONTACT THE NEWJERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS, LEMONLAW UNIT, AT POST OFFICE BOX 45026, NEWARK, NEW JERSEY 07101, TEL. NO. (973) 504-6226.”The manufacturer, through its dealer or lessor, shall maintain a record substantiating compliance with this sectionand shall make the record available to the Division upon request.
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57 (b) If a motor vehicle is returned to the manufacturer under the provisions of the Lemon Law or a similar statute ofanother state or as the result of a legal action or an informal dispute settlement procedure, the motor vehicle shall notbe resold or released in New Jersey unless the following steps are taken:1.Immediately upon receipt of the vehicle, the manufacturer, its agent, or a dealer who accepts the vehicle shallcause the words “R--RETURNED TO MANUFACTURER UNDER LEMON LAW OR OTHER PROCEED-ING” to be clearly and conspicuously stamped on the face of the original certificate of title, the manufacturer’sstatement of origin, or other evidence of ownership.2.Within 10 days of receipt of the vehicle, the manufacturer, its agent, or a dealer who accepts the vehicle shallsubmit a copy of the stamped document to the Special Title Section of the Division of Motor Vehicles toindicate that title to the vehicle shall be permanently branded.3.The manufacturer shall provide to the dealer or lessor, and the dealer or lessor shall provide to the consumerprior to the resale or release of the motor vehicle a copy for the consumer’s records of the following statementon a separate piece of paper, in 10-point boldface type:NOTICE OF NONCONFORMITY“IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSEIT DID NOT CONFORM TO THE MANUFACTURER’S WARRANTYAND THE NONCON-FORMITY WAS NOT CORRECTED WITHIN A REASONABLE TIME AS PROVIDED BYLAW.”(This notice is required under the New Jersey “Lemon Law”, N.J.S.A. 56:12-1 et seq., for vehicles that havebeen replaced or repurchased by the manufacturer as the result of any one of the following: a court judgment,or a final decision pursuant to a hearing or settlement by the Office of Administrative Law, or an arbitrationproceeding between the manufacturer or its agent and a consumer.)4.Upon delivery to the consumer of the statement in (b)3 above the dealer or lessor shall obtain from the con-sumer a signed receipt, on a separate sheet of paper, which shall state the following, in underlined 10-pointboldface type:“I ACKNOWLEDGE RECEIPT OF NOTICE OF NONCONFORMITY OF THIS VEHICLE,VIN NO. __________ AS REQUIRED BY N.J.S.A. 56:12-35 (THE ‘LEMON LAW’).”Alternatively, the dealer or lessor may fulfill this requirement by making the following notation in underlinedboldface type on the front page of the vehicle buyer order form or the lease form:“NOTICE OF NONCONFORMITY OF THIS VEHICLE, VIN NO. __________, HAS BEENPROVIDED TO THE PURCHASER OR LESSEE,AS REQUIRED BY N.J.S.A. 56:12-35 (THE‘LEMON LAW’).”5.The manufacturer, dealer or lessor shall notify the Special Title Section of the Division of MotorVehicles of theresale or release of the vehicle by requesting transfer of the branded title to the new owner or lessor, in writing.(c) Each time a consumer’s motor vehicle is returned from being examined or repaired during the term of protection, themanufacturer through its dealer shall provide to the consumer an itemized, legible statement of repair which indi-cates any diagnosis made and all work performed on the vehicle; the statement of repair shall provide at least thefollowing information:1.A description or identification of the problem reported by the consumer or an identification of the defect orcondition;2.A specific description of the repair work performed.3.The amount charged for parts and the amount charged for labor, if paid by the consumer;4.The date and the odometer reading when the vehicle was submitted for repair; and5.The date and the odometer reading when the vehicle was made available to the consumer.(d) Failure to comply with the provisions of this section shall be a violation of the Consumer FraudAct, N.J.S.A. 56:8-1et seq.
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58 13:45A-26.4 Lemon Law Unit(a) There is established within the Division of Consumer Affairs a section processing Lemon Law matters, to be knownas the Lemon Law Unit (LLU).(b) The Lemon Law Unit shall upon request provide consumers with a brochure setting forth:1.Information regarding a consumer’s rights and remedies under the relevant law; and2.The procedure to be followed in order to participate in the various dispute resolution systems.(c) All correspondence by consumers or manufacturers to the Division of Consumer Affairs regarding Lemon Lawmatters shall be directed to the attention of the Lemon Law Unit, as follows:Division of Consumer AffairsLemon Law UnitPost Office Box 45026Newark, New Jersey 07101Telephone (973) 504-622613:45A-26.5 Preliminary steps(a) To initiate a claim under the Lemon Law, written notification of the potential claim must be sent certified mail, returnreceipt requested, by or on behalf of a consumer, to the manufacturer of a nonconforming motor vehicle if either ofthe following occurs during the first 18,000 miles of operation or within 24 months after the date of original delivery,whichever is earlier:1.Substantially the same nonconformity has been subject to repair two or more times by the manufacturer or itsdealer and the nonconformity continues to exist; or2.The motor vehicle has been out of service by reason of repair for one or more nonconformities for a cumulativetotal of 20 or more days since the original delivery of the motor vehicle, and a nonconformity continues to exist.(b) The manufacturer by law has one more opportunity to repair or correct the nonconformity within 10 days followingreceipt of notification from the consumer of a potential claim; if the nonconformity continues to exist after expira-tion of the 10-day time period and the manufacturer refuses to replace or refund the price of the vehicle, the criterianecessary to pursue a Lemon Law claim have been met. The consumer may then:1.Refer the matter to the manufacturer for resolution through the manufacturer’s informal dispute settlementprocedure;2.Refer the matter to the LLU for dispute resolution; or3.File an action in the Superior Court. Any party to an action asserting a claim, counterclaim or defense basedupon violations of the Lemon Law shall mail a copy of the initial or responsive pleading containing the claim,counterclaim or defense to the Attorney General within 10 days after filing the pleading with the court.13:45A-26.6 Eligibility(a) To be eligible for the Dispute Resolution System, a consumer must provide the following items to the LLU bycertified mail, return receipt requested:1.A photocopy of the consumer’s notification to the manufacturer of a potential claim; and2.A completed Application for Dispute Resolution; the form will be supplied upon request by the LLU.(b) During any periods when forms are not available, any written request for dispute resolution shall be accepted by theLLU provided all information, items and statements listed in N.J.A.C. 13:45A-26.7 are included.(c) A consumer is eligible for dispute resolution by the Division as to a specific motor vehicle only once; no furtherapplications from that consumer relating to the same motor vehicle will be accepted if a final decision has beenrendered pursuant to N.J.A.C. 13:45A-26.12(b).
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59 13:45A-26.7 Application(a) Application for dispute resolution shall require submission of the following:1.Information as follows:i.The name and address of the consumer and lienholder, if any;ii.The date of original delivery of the motor vehicle to the consumer;iii. The mileage on the date the nonconformity was first reported to the manufacturer or its dealer; andiv. The mileage on the date the application is mailed back to LLU.2.A written account of the events resulting in the dispute, including description of the claimed nonconformity(s)and a chronology of the repair attempts.3.A photocopy of the notification of a potential claim sent by or on behalf of the consumer to the manufacturerafter two or more attempts to repair or 20 calendar days out of service, and a photocopy of the return receiptsigned by the manufacturer’s agent.4.Photocopies of the statements of repair required by section 6(b) of the Lemon Law, to be given to the consumerby the manufacturer through its dealer, each time a motor vehicle is returned from being examined or repaired.5.Photocopies of the agreement of sale or lease, including any stated credit or allowance for the consumer’s usedmotor vehicle, the receipt for payment of any options or other modifications arranged, installed or made by themanufacturer or its dealer within 30 days after the date of original delivery, receipts for any other charges orfees including but not limited to:i.Sales tax;ii.License and registration fees;iii. Finance charges;iv. Towing;v.Rental of a motor vehicle equivalent to the consumer’s motor vehicle for the period when the consumer’smotor vehicle was out of service due to a nonconformity; andvi. Any other documents related to the dispute.(b) The application must contain a statement as to the following:1.That the consumer believes the motor vehicle’s use, market value or safety is substantially impaired by thenonconformity(s) complained of;2.That the nonconformity(s) complained of is not the result of abuse, neglect, or unauthorized modifications ofthe motor vehicle by anyone other than the manufacturer or its dealer;3.That within the term of protection the manufacturer, its agent or authorized dealer failed in at least two attemptsto correct the same substantial defect, or the vehicle was out of service by reason of repair for at least 20 days;4.That within the term of protection the consumer gave the manufacturer written notification by certified mail,return receipt requested, of a potential claim pursuant to the Lemon Law, section 5(b); and5.That within the term of protection:i.The consumer gave the manufacturer or its dealer at least three attempts (including the post-notificationattempt) to repair substantially the same nonconformity and the nonconformity continues to exist; orii.The vehicle was out of service by reason of repair for one or more nonconformities for a cumulative total of20 or more days since the original delivery of the motor vehicle, the manufacturer has been given the post-notification opportunity to repair, and a nonconformity continues to exist.
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60 13:45A-26.8 Filing fee(a) A consumer whose application for dispute resolution is accepted by the Division shall pay a filing fee of $50.00 bycertified check or money order payable to the “New Jersey Division of Consumer Affairs”. The filing fee shall benonrefundable but is recoverable as a cost if the consumer prevails.(b) The filing fee shall be requested by the LLU when it has determined that the consumer’s application is complete andthat it complies with this subchapter and the Lemon Law.13:45A-26.9Processing of applications(a) Submitted applications shall be reviewed by the LLU for completeness and compliance with the Lemon Law andthis subchapter.1.Incomplete applications shall be promptly returned for completion to the consumer.2.Applications not in compliance with this subchapter and the Lemon Law (including but not limited to therequired number of repair attempts or the number of days out of service) will be rejected. The reason for therejection will be sent to the consumer. No judgment will be made by the LLU as to whether the claimeddefect(s) are substantiated by the evidence or whether they substantially impair the use, market value or safetyof a motor vehicle.(b) Upon receipt of the filing fee of $50.00, the application shall be date-stamped to indicate its acceptance for disputeresolution.13:45A-26.10 Notification and scheduling of hearings(a) Within 10 days after the effective date of this subchapter, each manufacturer of motor vehicles sold or leased in NewJersey shall forward to the Division of Consumer Affairs, Lemon Law Unit, the name, address, and telephone num-ber of the person designated by the manufacturer to receive notices under this dispute resolution process. It shall bethe duty of the manufacturer to update this information, as necessary.(b) On the day that an application is accepted for resolution by the LLU, a notice shall be sent by certified mail, returnreceipt requested by the LLU to the consumer and manufacturer’s designee. This notice shall indicate that theconsumer’s request for resolution has been accepted, and shall provide general information about the resolutionprocess.(c) The LLU shall immediately thereafter refer an accepted application for dispute resolution to the OAL and arrange ahearing date acceptable to all parties. The dispute resolution shall be conducted as a contested case by the OAL inaccordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., the Uniform Administrative Proce-dure Rules, N.J.A.C. 1:1, and Special Rules, N.J.A.C. 1:13A.(d) The date of the hearing shall be no later than 20 days from the date of the notice of acceptance unless a later date isagreed to by the consumer.(e) Notice of the date, time, and location of the hearing shall be mailed by the OAL to both parties.(f) A copy of the application materials shall be sent by the LLU simultaneously with the notice of acceptance of theapplication, to the manufacturer’s designee. Within 10 days of the notice of acceptance of the consumer’s applica-tion for dispute resolution, the manufacturer shall mail by certified mail, return receipt requested, to the consumerand to the Clerk of the Office of Administrative Law at 185 Washington Street, Newark, New Jersey 07102, aresponse to each of the statements set forth in the consumer application.(g) Applications by the consumer or the manufacturer with consent of the consumer for adjournments or rescheduling ofthe hearing shall be made in accordance with N.J.A.C. 1:1-9.6.13:45A-26.11 Computation of refund(a) The refund claimed by a consumer pursuant to section 4(a) of the Lemon Law, whether through the Division ofConsumer Affairs automotive dispute resolution system or a manufacturer’s informal dispute resolution process,shall include:1.The total purchase or lease price of the motor vehicle including finance charges, sales tax, license fees, registra-tion fees, and any stated credit or allowance for the consumer’s used motor vehicle, provided that:
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61 i.The full refund of purchase price that may be claimed by a consumer under section 4(a) shall not include anyportion of a stated credit or allowance for the consumer’s used motor vehicle that grossly exceeds the truevalue of the consumer’s used motor vehicle.ii.During the Office of Administrative Law hearing, a manufacturer may challenge the stated credit or allow-ance for the consumer’s used motor vehicle. The manufacturer shall bear the burden of proof, and shallprovide evidence that the purchase price included a trade-in allowance grossly disproportionate in amountto the true value of the consumer’s used motor vehicle. Such evidence shall include, but not be limited to,the value of the motor vehicle as listed in the N.A.D.A. Official Used Car Guide.2.The cost of any options or other modification arranged, installed or made by the manufacturer or its dealerwithin 30 days after the date of original delivery.3.Other charges or fees, including, but not limited to:i.Reimbursement for towing, if any;ii.Reimbursement for actual expenses incurred by the consumer for the rental of a motor vehicle equivalent tothe consumer’s motor vehicle for the period during which the consumer’s motor vehicle was out of servicedue to a nonconformity;iii. Filing fee for participation in the Division’s dispute resolution system; andiv. Reimbursement for reasonable attorney’s fees, fees for reports prepared by expert witnesses, and costs.(b) From the total sum of the items in (a) above, a deduction shall be made, representing an allowance for vehicle use.This deduction shall be calculated as follows:1.Multiply the mileage at the time the consumer first presented the motor vehicle to the dealer or manufacturerfor correction of the nonconformity(s) in question by the total purchase price of the vehicle (or the total leaseprice, if applicable), then divide by 100,000 miles.13:45A-26.12 Final decision(a) The Director shall review the OAL proposed decision submitted by the administrative law judge who conducts theadministrative hearing and shall adopt, reject, or modify the decision no later than 15 days after receipt.(b) At the conclusion of the 15-day review period, the Director shall mail notification of the rejected, modified oradopted decision to both parties, the lien-holder, if any, the OAL, and, if the vehicle in question is to be returned tothe manufacturer, the Special Title Section of the DMV. The mailing to the manufacturer and consumer shall be bycertified mail, return receipt requested. Within 45 days of receipt of the final decision, any party may file an appealin the Appellate Division of the Superior Court.(c) The manufacturer shall advise the Director as to its compliance with the final decision no later than 10 days follow-ing the date stated for completion of all awarded remedies.(d) If the manufacturer unreasonably fails to comply with the decision within the specified time period, the manufac-turer shall be liable for penalties in the amount of $5000 for each day the manufacturer unreasonably fails to comply,commencing on the day after the specified date for completion of all awarded remedies.13:45A-26.13 Appeals(a) A manufacturer or a consumer may appeal a final decision to the Appellate Division of Superior Court; a notice ofappeal must be filed with the Director no later than 45 days after the date of the final decision as defined in N.J.A.C.13:45A-26.12(b).(b) An appeal by a manufacturer shall not be heard unless the notice of appeal is accompanied by a bond which shall be:1.For a principal sum equal to the money award made by the administrative law judge, plus $2500 for anticipatedattorney’s fees and other costs;2.Secured by cash or its equivalent; and3.Payable to the consumer.
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62 13:45A-26.14 Manufacturer’s reporting requirements(a) The LLU shall compile a roster of American and foreign manufacturers of passenger automobiles and motorcyclesregistered, sold or leased in New Jersey.(b) Manufacturers who establish or participate in an informal dispute settlement procedure shall within 30 days after theeffective date of this subchapter:1.Advise the LLU of the existence of its informal dispute settlement procedure; and2.Send the LLU an outline of the steps that a consumer must take in order to participate in the manufacturer’sinformal dispute resolution procedure; the information shall include all necessary addresses and phone num-bers.(c) On January 15 and July 15 of every year, the LLU shall mail a questionnaire by certified mail, return receipt re-quested, to every manufacturer on the roster compiled pursuant to (a) above, requesting the following information:1.Any and all informal dispute settlement procedures utilized by the manufacturer. If the informal dispute settle-ment procedure is an in-house customer assistance mechanism or private arbitration or private buy-back pro-gram instituted by the manufacturer, the information provided shall include the reasons for establishing andmaintaining such programs.2.The number of purchase price and lease price refunds requested, the number awarded by any dispute settlementbody or other settlement procedure identified in (c)1 above, the amount of each award and the number ofawards satisfied in a timely manner.3.The number of awards in which additional repairs or a warranty extension was the remedy, the amount or valueof each award, and the number of awards satisfied in a timely manner;4.The number and total dollar amount of awards in which some form of reimbursement for expenses or compen-sation for losses was the remedy, the amount or value of each award and the number of awards satisfied in atimely manner;5.The average number of days from the date of a consumer’s initial request to use the manufacturer’s informaldispute settlement procedure until the date of the decision and the average number of days from the date of thedesign to the date on which performance of the award was satisfied; and6.Alist of all motorvehicles andtheirVehicle Identification Numbers stampedwith “R--RETURNEDTO MANU-FACTURER UNDER LEMON LAW OR OTHER PROCEEDING,” which have been reported to the MRSSpecial Title Section during the previous six months.(d) Failure of the manufacturer to return the completed questionnaire to the LLU within 60 days of receipt shall be aviolation of this subchapter and the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.13:45A-26.15 Index of disputes(a) The Division of ConsumerAffairs shall maintain an index of all motor vehicle disputes by make and model and shallcompile and maintain statistics indicating the record of manufacturer compliance with any settlement proceduredecisions.(b) The initial index and statistical record of compliance shall be made available to the public on July 1, 1990 and everysix months thereafter.SUBCHAPTER 26A. MOTOR VEHICLE ADVERTISING PRACTICES13:45A-26A.1 ScopeWithout limiting any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A. 56:8-1 et seq., therules contained in this subchapter set forth motor vehicle advertising practices which are prohibited as unlawful under theConsumer FraudAct; the rules also include mandatory disclosure in advertisements of certain information relating to adver-tised motor vehicles as well as on-site disclosures relating to advertised motor vehicles.
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63 13:45A-26A.2 Application(a) These rules shall apply to the following advertisements:1.Any advertisement, including radio and television broadcasts, uttered, issued, printed, disseminated, published,circulated or distributed within this State concerning motor vehicles offered for sale or lease at locations exclu-sively within this State; and2.Any advertisement, including radio and television broadcasts, uttered, issued, printed, disseminated, published,circulated or distributed to any substantial extent within this State concerning motor vehicles offered for sale orlease at locations within this State and outside this State, or at locations exclusively outside the State.13:45A-26A.3 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly indicates otherwise.“Advertised motor vehicle” means any new or used motor vehicle offered for sale or lease and specifically identified byan advertised price. With respect to an advertisement which offers a group of new or used vehicles for sale or lease coveringa specified price range (for example, “1995 Metros for sale-- $10,000 to 12,999,” or “Lease a new Olds for $298 a month andup.”), the least expensive motor vehicle in that advertised range is considered to be an advertised motor vehicle.“Advertised price” means the dollar amount required to purchase or lease a motor vehicle, advertised as:1.The total price; or2.The monthly payment price; or3.The deferred payment price; or4.A specific discount or savings on the manufacturer’s suggested retail price.“Advertisement” means any advertisement as defined by N.J.S.A. 56:8-1(a) of any motor vehicle including any state-ment appearing in a newspaper, periodical, pamphlet, circular, or other publication, paper, sign or radio or television broad-cast which offers a motor vehicle for sale or lease at retail.“Advertiser” means any person as defined by N.J.S.A. 56:8-1(d) who in the ordinary course of business is engaged in thesale, leasing or financing of motor vehicles at retail or who in the course of any 12 month period offers more than three motorvehicles for sale or lease or who is engaged in the brokerage of motor vehicles whether for sale or lease and who causes anadvertisement to be made for the retail sale or lease of motor vehicles. An advertising agency and the owner or publisher ofa newspaper, magazine, periodical, circular, billboard or radio or television station acting on behalf of an advertiser shall bedeemed an advertiser within the meaning of this subchapter, when the agency or owner’s or publisher’s staff prepares andplaces an advertisement for publication. The agency, owner, or publisher shall not be liable for a violation of this subchapterwhen reasonably relying upon data, information or material supplied by the person for whom the advertisement is preparedor placed or when the violation is caused by an act, error or omission beyond the preparer’s control, including but not limitedto, the post-publication performance of the person on whose behalf such advertisement was placed.“Broker” means a person who in the course of any 12 month period arranges or offers to arrange the retail sale or leaseof more than three motor vehicles from the inventory of other business entities.“Closed-end lease” means a lease in which the lessee is not responsible for the value of the motor vehicle at the end of thelease term unless there is excessive damage, wear and tear, or mileage.“Dealer” means any person who in the ordinary course of business is engaged in the sale or leasing of motor vehicles atretail or who in the course of any 12-month period offers more than three motor vehicles for sale or lease at retail.“Demo” means a motor vehicle used exclusively by a dealer or dealer’s employee that has never been titled and to whichthe new vehicle warranty still applies.“Dealer-installed option” means optional equipment installed by the dealer at an additional cost.“Lease” means a contract for the use of a motor vehicle for a period of time exceeding four months whether or not thelessee may become the owner of the motor vehicle at the expiration of the lease.“Lessee” means a person as defined in the Consumer Fraud Act, N.J.S.A. 56:8-1(d), who leases a motor vehicle from abroker or dealer.
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64 “Open-end lease” means a lease in which the lessee may owe additional amounts that is, a “balloon” payment, dependingon the value of the motor vehicle at the end of the lease term.“Monroneylabel” isthe label requiredbySection3oftheAutomobile InformationDisclosureAct, 15U.S.C. §§1231-1233.“Motor vehicle” means any vehicle driven otherwise than by muscular power, excepting such vehicles as those whichrun only upon rails or tracks.“MSRP” means the manufacturer’s suggested retail price.“Period of publication” means the time period between 48 hours prior to the date of first publication of an advertisementand midnight of the third business day following the date of final publication; in the case of a special offer, the period ofpublication shall extend until midnight of the date the special offer ends.“Person” means a person as defined in the Consumer Fraud Act, N.J.S.A. 56:8-1(d).“Rebate” means any payment of money by the manufacturer to or on behalf of a consumer who has bought or leased amotor vehicle, whether called “rebate”, “factory rebate”, “cash back”, “money back”, or a term of similar import.“Sale” means a sale as defined by N.J.S.A. 56:8-1(e) of any motor vehicle.“Special offer” means any advertisement of a reduction from the usual selling price for an applicable time period,whether called “sale”, “sale days”, “bargain”, “bargain days”, “special offer”, “discount”, “reduction”, “clearance”, “pricesslashed”, “special savings”, or a term of similar import.“Taxes, licensing costs and registration fees” means those usual taxes, charges and fees payable to or collected on behalfof governmental agencies and necessary for the transfer of any interest in a motor vehicle or for the use of a motor vehicle.“Used motor vehicle” means any motor vehicle with an odometer reading of greater than 1,000 miles, except for a“demo”.13:45A-26A.4 Bait and switch(a) The following motor vehicle advertising practices constitute “bait and switch” and are prohibited and unlawful:1.The advertisement of a motor vehicle as part of a plan or scheme not to sell or lease it or not to sell or lease it atthe advertised price.2.Without limiting other means of proof, the following shall be prima facie evidence of a plan or scheme not tosell or lease a motor vehicle as advertised or not to sell or lease it at the advertised price:i.Refusal to show, display, sell, or lease the advertised motor vehicle in accordance with the terms of theadvertisement, unless the vehicle has been actually sold or leased during the period of publication; in thatcase, the advertiser shall retain records of that sale or lease for 180 days following the date of the transaction,and shall make them available for inspection by the Division of Consumer Affairs.ii.Accepting a deposit for an advertised motor vehicle, then switching the purchaser to a higher-priced motorvehicle, except when the purchaser has initiated the switch as evidenced by a writing to that effect signed bythe purchaser.iii. The failure to make delivery of an advertised motor vehicle, then switching the purchaser to a higher-pricedmotorvehicle; except whenthepurchaserhas initiatedthe switchas evidenced bya writingto that effectsignedby the purchaser.13:45A-26A.5 Advertisements; mandatory disclosure requirements in all advertisements for sale(a) In any advertisement in which an advertiser offers a new motor vehicle for sale at an advertised price, the followinginformation must be included:1.The advertiser’s business name and business address;2.A statement that “price(s) include(s) all costs to be paid by a consumer, except for licensing costs, registrationfees, and taxes”. If this statement appears as a footnote, it must be set forth in at least 10 point type. Forpurposes of this subsection, “all costs to be paid by a consumer” means manufacturer-installed options, freight,transportation, shipping, dealer preparation, and any other costs to be borne by a consumer except licensingcosts, registration fees, and taxes;
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65 3.The manufacturer’s suggested retail price as it appears on the Monroney label, clearly denominated by usingthe abbreviation “MSRP”;4.The year, make, model, and number of engine cylinders of the advertised motor vehicle;5.Whether the transmission is automatic or manual; whether the brakes and steering mechanism are power ormanual; and whether the vehicle has air conditioning, unless those items are standard equipment on the adver-tised motor vehicle. This provision shall not apply to advertisements for motorcycles;6.The last eight digits of the vehicle identification number, preceded by the letters “VIN”. This provision shallnot apply to radio and television broadcasts, or to advertisements for motorcycles;7.A list of any dealer installed options on the advertised motor vehicle and the retail price of each, as determinedby the dealer.(b) In any advertisement offering for sale a used motor vehicle at an advertised price, the information described in (a)1,2, 4, 5 and 6 above must be included, as well as the following additional information:1.The actual odometer reading as of the date the advertisement is placed for publication; and2.The nature of prior use unless previously and exclusively owned or leased by individuals for their personal use,when such prior use is known or should have been known by the advertiser.(c) In any advertisement offering a “demo” for sale, the information listed in (a) above must be included, as well as:1.Identification as a “demo”; and2.The actual odometer reading as of the date the advertisement is placed for publication.(d) It shall be an unlawful practice to fail to include the information required by this section.13:45A-26A.6 Advertisements: mandatory disclosure in advertisements for lease of a new or used motor vehicle(a) In any advertisement offering a new or used motor vehicle for lease, at an advertised price, the following informationshall be included:1.That the transaction advertised is a lease;2.The amount of any payment required at the inception of the lease or that no payment is required if that is thecase;3.The number, amounts, due dates or periods of scheduled payments and the total of such payments under thelease;4.A toll-free number that may be used by consumers to obtain the information required under (f) below; and5.The business name and, if an individual dealer, the address of the advertiser.(b) In all written advertisements the information required in (a) above shall be prominently displayed in at least 10 pointtype and shall be easy to find, read and understand.(c) If the advertiser elects to use a full disclosure format in a written advertisement, then the information in (f) belowshall be prominently displayed in at least 10 point type and must be easy to find, read and understand.(d) An advertisement which is not in writing shall clearly and audibly state the information in (a) above at a decibel levelequal to the highest decibel level used in the advertisement and at a speed equal to or slower than any other statementcontained in the advertisement. In a television broadcast, the information shall be prominently and conspicuouslydisplayed for at least five continuous seconds for each model advertised.(e) The toll free n