[Second Reprint]

ASSEMBLY, No. 2281

 

STATE OF NEW JERSEY

 

INTRODUCED SEPTEMBER 16, 1996

 

 

By Assemblymen MORAN and IMPREVEDUTO

 

 

An Act concerning the licensing of public movers and warehousemen, 1[amending P.L.1971, c.60 and P.L.1984, c.140,]1 amending and supplementing P.L.1981, c.311, and repealing 1[sections 4 and] section1 14 of P.L.1981, c.311.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 2 of P.L.1981, c.311 (C.45:14D-2) is amended to read as follows:

    2. As used in this act:

    a. "Accessorial service" means the preparation of articles for shipment, including, but not limited to, the packing, crating, boxing and servicing of appliances, the furnishing of containers, unpacking, uncrating and reassembling of articles, placing them at final destination and the moving or shifting of articles from one location to another within a building, or at a single address;

    b. ["Board" means the State Board of Public Movers and Warehousemen established under this act;] (Deleted by amendment, P.L. , c. .) 1"Board" means the State Board of Public Movers and Warehousemen established under P.L.1981, c.311 (C.45:14D-1 et seq.);1

    c. (Deleted by amendment, P.L.1993, c.365).

    d. "Department" means the Department of Law and Public Safety;

    e. "Household goods" means personal effects, fixtures, equipment, stock and supplies or other property usually used in or as part of the stock of a dwelling, when it is put into storage or when it is transported by virtue of its removal, in whole or in part, by a householder from one dwelling to another, or from the dwelling of a householder to the dwelling of another householder, or between the dwelling of a householder and a repair or storage facility, or from the dwelling to an auction house or other place of sale. The term "household goods" shall not apply to property moving from a factory or store, except property which the householder has purchased and which is transported at his request as part of the movement by the householder from one dwelling to another;

    f. "Intrastate commerce" means commerce moving wholly between points within the State over all public highways, or at a single location;         g. "License" means a license issued by the [board] 1[director] board1;

    h. "Motor vehicle" means any vehicle, machine, tractor, truck or semitrailer, or any combination thereof, propelled, driven or drawn by mechanical power, and used upon the public highways in the transportation of household goods, office goods and special commodities in intrastate commerce;

    i. "Mover's services" means all of the services rendered by a public mover;

    j. "Storage services" means all of the services rendered by a warehouseman;

    k. "Office goods" means personal effects, fixtures, furniture, equipment, stock and supplies or other property usually used in or as part of the stock of any office, or commercial, institutional, professional or other type of establishment, when it is put into storage or when the property is transported by virtue of its removal, in whole or in part, from one location to another, but does not mean or include stock and supplies or other property usually used in or as part of the stock of any office, or commercial, institutional, professional or other type of establishment, when put into storage;

    l. "Person" means any individual, copartnership, association, company, or corporation, and includes any trustee, receiver, assignee, lessee, or personal representative of any person herein defined;

    m. "Place of business" means a business office located in New Jersey from which the mover or warehouseman conducts his daily business and where records are kept;

    n. "Property" means all of the articles in the definition of household goods, office goods or special commodities;

    o. "Public highway" or "highway" means any public street, road, thoroughfare, bridge and way in this State open to the use of the public as a matter of right for purposes of motor vehicular travel, including those that impose toll charges;

    p. "Public mover" or "mover" means any person who engages in the transportation of household goods, office goods or special commodities by motor vehicle for compensation in intrastate commerce between points in this State, including the moving of household goods, office goods or special commodities from one location to another at a single address, and any person who engages in the performance of accessorial services; except that the term "public mover" or "mover" shall not apply to any person who engages in, or holds himself out to the general public as engaging in, the transportation of special commodities when such commodities are not transported by virtue of a removal, in whole or in part, and who does not engage, nor hold himself out to the general public as engaging in, the transportation of household or office goods;

    q. "Special commodities" means uncrated or unboxed works of art, fixtures, appliances, business machines, electronic equipment, displays, exhibits, home, office, store, theatrical or show equipment, musical instruments, or other articles being put into storage or being moved, and which require the use of equipment and personnel usually furnished or employed by warehousemen or public movers, except that the provisions of P.L.1981, c.311 (C.45:14D-1 et seq.) shall not apply to any person engaged in the transportation or storage of special commodities when these commodities are not transported by virtue of a removal, in whole or in part;

    r. "Storage" means the safekeeping of property in a depository for compensation;

    s. ["Tariff" means a schedule of rates and charges for the storage or transportation of property in intrastate commerce on file with the board, which shall be used in computing all charges on the storage or transportation of property as of the date of the time in storage or transportation;] (Deleted by amendment, P.L. , c. .)

    t. "Warehouseman" means a person engaged in the business of storage;

    u. "Removal" means the physical relocation, in whole or in part, of either household goods, office goods or special commodities from one location to another location, including internal relocations within the same room or facility, for compensation 1[;

    v. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety]1.

(cf: P.L.1993, c.365, s.1)

 

    2. Section 6 of P.L.1981, c.311 (C.45:14D-6) is amended to read as follows:

    6. The [board] 1[director] board1 shall, in addition to such other powers and duties as [it] 1[he] it1 may possess by law:

    a. Administer and enforce the provisions of this act;

    b. Adopt and promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act;

    c. Examine and pass on the qualifications of all applicants for license under this act, and issue a license to each qualified applicant;     d. Establish professional standards for persons licensed under this act;

    e. Conduct hearings pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.); except that the [board] 1[director] board1 shall have the right to administer oaths to witnesses, and shall have the power to issue subpoenas for the compulsory attendance of witnesses and the production of pertinent books, papers, or records;

    f. Conduct proceedings before any board, agency or court of competent jurisdiction for the enforcement of the provisions of this act;

    g. Annually publish a list of the names[,] and addresses [and tariffs] of all persons who are licensed under this act;

    h. Establish reasonable requirements with respect to proper and adequate movers' and warehousemen's services and the furnishing of estimates, and prescribe a uniform system of accounts, records and reports;

    i. Adopt and promulgate rules and regulations to protect the interests of the consumer, including, but not limited to, regulations concerning the contents of information brochures which a mover or warehouseman shall give to a customer prior to the signing of a contract for moving or storage services.

(cf: P.L.1993, c.365, s.3)

 

    1[3. Section 7 of P.L.1981, c.311 (C.45:14D-7) is amended to read as follows:

    7. The [board] director may, after notice and opportunity for a hearing, revoke, suspend or refuse to renew or issue any license issued pursuant to this act upon a finding that the applicant or holder of a license:

    a. Has obtained a license by means of fraud, misrepresentation or concealment of material facts;

    b. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;

    c. Has engaged in gross negligence or gross incompetence;

    d. Has engaged in repeated acts of negligence or incompetence;

    e. Has repeatedly failed to discharge contractual obligations to any person contracting for moving or storage services;

    f. Has engaged in occupational misconduct;

    g. Has been convicted of any crime involving moral turpitude or any crime relating adversely to the activities regulated by P.L.1981, c.311 (C.45:14D-1 et seq.). For the purpose of this subsection, a plea of guilty, non vult, nolo contendere or any other similar disposition of alleged criminal activity shall be deemed a conviction;

    h. Has had his authority to engage in the activities regulated by P.L.1981, c.311 (C.45:14D-1 et seq.) revoked or suspended by any other state, agency or authority for reasons consistent with that act; or     i. Has violated or failed to comply with the provisions of P.L.1981, c.311 (C.45:14D-1 et seq.) or any regulation adopted thereunder.

    The licensee or applicant shall be furnished with an official statement of the reasons for the [board's] director's proposed action and shall be afforded an opportunity for a hearing.

(cf: P.L.1993, c.365, s.4)]1

 

    1[4. Section 8 of P.L.1981, c.311 (C.45:14D-8) is amended to read as follows:

    8. The [board] director may, after one year from the date of the revocation of any license, restore the license.

(cf: P.L.1993, c.365, s.5)]1

 

    1[5. Section 9 of P.L.1981, c.311 (C.45:14D-9) is amended to read as follows:

    9. a. It shall be unlawful for any person to engage in the business of public moving or storage unless he shall have obtained from the [board] director a license to engage in the business and shall have a permanent place of business in this State;

    b. Application for a license shall be made in writing to the [board] director, be verified under oath by the agent in charge and shall contain the following information: (1) the name and location of the applicant; (2) description of the applicant's moving vehicles and storage facilities; (3) identification of the issuer and amount of any insurance or surety bonds maintained by the applicant. A license shall be issued to a qualified applicant if it is found that the applicant is fit, willing and able to perform the service of a mover or warehouseman, and to conform to the provisions of this act;

    c. Every person advertising moving or storage services shall include in any advertisement the number of his license, and his New Jersey business address and telephone number;

    d. No license shall be issued to an applicant if the applicant has: (1) committed any act which if committed by a licensee would be grounds for suspension or revocation; (2) misrepresented any material fact on his application; (3) not registered each vehicle which will be performing intrastate moves in New Jersey, except on vehicles which have been rented or leased and are operated by a public mover licensed under this act; (4) not established or maintained a place of business in New Jersey;

    e. A copy of the license shall be carried on each truck, tractor, trailer or semitrailer or combination thereof at all times when the vehicle is being used in operations subject to this act.

(cf: P.L.1993, c.365, s.6)]1

 

    1[6. Section 11 of P.L.1981, c.311 (C.45:14D-11) is amended to read as follows:

    11. Every warehouseman or mover shall provide safe, proper and adequate service and shall observe the [board's] director's rules and regulations concerning the storage or transportation of property.

(cf: P.L.1993, c.365, s.7)]1

 

    1[7. Section 15 of P.L.1981, c.311 (C.45:14D-15) is amended to read as follows:

    15. a. The [board] director shall by rule or regulation establish, prescribe or change the fees for licenses, renewals of licenses or other services. Licenses shall expire one year from the date of issue unless the holder thereof shall, 30 days before such expiration, pay to the [board] director a renewal fee accompanied by a renewal application on a form prescribed by the [board] director.

    b. The [board's] director's fees established, prescribed or changed pursuant to this section shall be established, prescribed or changed to such extent as shall be necessary to defray all proper expenses incurred by the [board] director and any staff employed to administer this act; but such fees shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required.

    c. All fees and any fines imposed by the[board] director shall be paid to the [board] director and shall be forwarded by the [board] director to the State Treasurer and become part of the General Fund.     d. There shall be annually appropriated to the Department of Law and Public Safety for the use of the [board] director such sums as shall be necessary to implement and effectuate the provisions of this act.

(cf: P.L.1993, c.365, s.9)]1

 

    1[8. Section 16 of P.L.1981, c.311 (C.45:14D-16) is amended to read as follows:

    16. Any person violating any provision of P.L.1981, c.311 (C.45:14D-1 et seq.) shall, in addition to any other sanctions provided herein, be liable to a civil penalty of not more than $2,500.00 for the first offense and not more than $5,000.00 for the second and each subsequent offense. For the purpose of this section, each transaction or violation shall constitute a separate offense; except a second or subsequent offense shall not be deemed to exist unless an administrative or court order has been entered in a prior, separate and independent proceeding. In lieu of an administrative proceeding or an action in the Superior Court, the Attorney General may bring an action in the name of the [board] director for the collection or enforcement of civil penalties for the violation of any provision of that act. The action may be brought in a summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) and the rules of court governing actions for the collection of civil penalties in the municipal or Special Civil Part of the Law Division of the Superior Court where the offense occurred. Process in the action may be by summons or warrant and if the defendant in the action fails to answer the action, the court shall, upon finding an unlawful act or practice to have been committed by the defendant, issue a warrant for the defendant's arrest in order to bring the person before the court to satisfy the civil penalties imposed. In an action commenced pursuant to this section, the court may order restored to any person in interest any moneys or property acquired by means of an unlawful act or practice. Any action alleging the unlicensed practice of the activities regulated by P.L.1981, c.311 (C.45:14D-1 et seq.) shall be brought pursuant to this section or, where injunctive relief is sought, by an action commenced in the Superior Court. In an action brought pursuant to that act, the [board] director or the court may order the payment of costs for the use of the State.

(cf: P.L.1993, c.365, s.10)]1

 

    1[9. Section 7 of P.L.1984, c.140 (C.45:14D-17) is amended to read as follows:

    7. Whenever it shall appear to the [board] director or the Attorney General that a person has engaged in, or is engaging in, any act or practice declared unlawful by P.L.1981, c.311 (C.45:14D-1 et seq.), or when the [board] director or the Attorney General shall deem it to be in the public interest to inquire whether a violation may exist, the [board] director through the Attorney General, or the Attorney General acting independently, may:

    a. Require any person to file, on a form to be prescribed, a statement or report in writing under oath, or otherwise, as to the facts and circumstances concerning the rendition of any service or conduct of any sale incidental to the discharge of any act or practice subject to that act;

    b. Examine under oath any person in connection with any act or practice subject to that act;

    c. Inspect any premises from which the activity regulated by that act is conducted;

    d. Examine any goods, ware or item used in the rendition of any service by a public mover or warehouseman;

    e. Examine any record, book, document, account or paper maintained by or for any public mover or warehouseman in the regular course of engaging in the activities regulated by that act or regulations promulgated pursuant to that act;

    f. For the purpose of preserving evidence of an unlawful act or practice, pursuant to an order of the Superior Court, impound any record, book, document, account, paper, goods, ware, or item used or maintained by or for any public mover or warehouseman in the regular course of engaging in the activities regulated by that act or regulations promulgated pursuant to that act. When necessary, the Superior Court may, on application of the Attorney General, issue an order sealing items or material subject to this subsection.

    In order to accomplish the objectives of P.L.1981, c.311 (C.45:14D-1 et seq.) or the regulations promulgated pursuant to that act, the [board] director or the Attorney General may hold investigative hearings as necessary and may issue subpoenas to compel the attendance of any person or the production of books, records or papers at a hearing or inquiry.

(cf: P.L.1993, c.365, s.11)]1

 

    1[10. Section 8 of P.L.1984, c.140 (C.45:14D-18) is amended to read as follows:

    8. If a person fails or refuses to file any statement or report, or refuses access to premises from which activities regulated by P.L.1981, c.311 (C.45:14D-1 et seq.) are conducted in any lawfully conducted investigative matter or fails to obey a subpoena issued pursuant to that act, the [board] director or the Attorney General may apply to the Superior Court and obtain an order:

    a. Adjudging that person in contempt of court and assessing civil penalties in accordance with the amounts prescribed by that act; or

    b. Granting other relief as required; or

    c. Suspending the license of that person until compliance with the subpoena or investigative demand is effected.

(cf: P.L.1993, c.365, s.12)]1

 

    1[11. Section 10 of P.L.1984, c.140 (C.45:14D-20) is amended to read as follows:

    10. In addition or as an alternative, as the case may be, to revoking, suspending or refusing to renew any license, the [board] director may, after affording an opportunity to be heard:

    a. Assess civil penalties in accordance with P.L.1981, c.311 (C.45:14D-1 et seq.);

    b. Order that any person violating any provision of that act cease and desist from future violations thereof or take affirmative corrective action as necessary with regard to any act or practice found to be unlawful by the [board] director;

    c. Order any person found to have violated any provision of that act to restore or to return to any person aggrieved by an unlawful act or practice any moneys or property, real or personal, acquired by means of that act or practice; except that the [board] director shall not order restoration in a dollar amount greater than those moneys received by a licensee or his agent or any other person violating that act.

    In any administrative proceeding on a complaint alleging a violation of that act, the [board] director may issue subpoenas to compel the attendance of witnesses or the production of books, records, or documents at the hearing on the complaint.

(cf: P.L.1993, c.365, s.13)]1

 

    1[12. Section 11 of P.L.1984, c.140 (C.45:14D-21) is amended to read as follows:

    11. Whenever it shall appear to the [board] director or the Attorney General that a violation of P.L.1981, c.311 (C.45:14D-1 et seq.), including the unlicensed practice of the activities regulated therein, has occurred, is occurring, or will occur, the Attorney General, in addition to any other proceeding authorized by law, may seek and obtain in a summary proceeding in the Superior Court an injunction prohibiting the act or practice. In the proceeding the court may assess a civil penalty in accordance with the provisions of that act, order restoration to any person in interest of any moneys or property, real or personal, acquired by means of an unlawful act or practice and may enter any orders necessary to prevent the performance of an unlawful practice in the future and to remedy fully any past unlawful activity. In any action brought pursuant to this section, the court shall not suspend or revoke any license issued by the [board] director.

(cf: P.L.1993, c.365, s.14)]1

 

    1[13. Section 12 of P.L.1984, c.140 (C.45:14D-22) is amended to read as follows:

    12. Upon the failure of any person to comply within 10 days after service of any order of the [board] director directing payment of penalties or restoration of moneys or property, the Attorney General or the [board] director may issue a certificate to the Clerk of the Superior Court that the person is indebted to the State for the payment of the penalty and the moneys or property ordered restored. A copy of the certificate shall be served upon the person against whom the order was entered. Thereupon the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted and of the State, a designation of the statute under which the penalty is imposed, the amount of the penalty imposed, and amount of moneys ordered restored, a listing of property ordered restored, and the date of the certification. The entry shall have the same force and effect as the entry of a docketed judgment in the Superior Court, and the Attorney General shall have all rights and remedies of a judgment creditor, in addition to exercising any other available remedies. The entry, however, shall be without prejudice to the right of appeal to the Appellate Division of the Superior Court from the [board's] director's order.

    An action to enforce the provisions of an order entered by the [board] director or to collect a penalty levied thereby may be brought in any municipal or Special Civil Part of the Law Division of the Superior Court or the Superior Court in a summary manner pursuant to "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.) and the rules of court governing the collection of civil penalties. Process in the action shall be by summons or warrant, and if the defendant fails to answer the action, the court shall issue a warrant for the defendant's arrest for the purpose of bringing the person before the court to satisfy any order entered.

(cf: P.L.1993, c.365, s.15)]1

 

    1[14. Section 13 of P.L.1984, c.140 (C.45:14D-23) is amended to read as follows:

    13. When it shall appear to the [board] director or the Attorney General that a person against whom a cease and desist order has been entered has violated the order, the [board] director or the Attorney General may initiate a summary proceeding in the Superior Court for the violation thereof. Any person found to have violated a cease and desist order shall pay to the State of New Jersey civil penalties in the amount of not more than $25,000.00 for each violation of the order. If a person fails to pay a civil penalty assessed by the court for violation of a cease and desist order, the court assessing the unpaid penalty is authorized, upon application of the [board] director or the Attorney General, to grant any relief which may be obtained under any statute or court rule governing the collection and enforcement of penalties.

(cf: P.L.1993, c.365, s.16)]1

 

    1[15. Section 15 of P.L.1984, c.140 (C.45:14D-25) is amended to read as follows:

    15. No license shall be issued to a warehouseman or mover or remain in force unless the warehouseman or mover complies with the rules or regulations that the [board] director shall prescribe governing policies of insurance, qualifications as a self-insurer or other securities or agreements in the amount that the [board] director may require.

(cf: P.L.1993, c.365, s.17)]1

 

    1[16. Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read as follows:

    1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board [,] and the State Board of Social Work Examiners[, and the State Board of Public Movers and Warehousemen].

(cf: P.L.1995, c.366, s.20)]1

 

    2[1[17.] 3.1 (New section) A person licensed under P.L.1981, c.311 (C.45:14D-1 et seq.) shall maintain a bond issued by a surety authorized to transact business in this State or maintain an irrevocable letter of credit by a bank or maintain with the 1[director] board1 securities, moneys or other security acceptable to the 1[director] board1 to fulfill the requirements of this section. The principal sum of the bond, letter of credit, or securities, moneys or other security shall be not less than $10,000, which amount the 1[director] board1 may adjust by regulation. The bond, letter of credit, or securities, moneys or other security shall be filed or deposited with the 1[director] board1 and shall be executed to the State of New Jersey for the use of any person who, after entering into a contract with a mover or warehouseman, is damaged or suffers any loss for any violation of P.L.1981, c.311 (C.45:14D-1 et seq.). Any person claiming against the bond, letter of credit, or securities, moneys or other security may maintain an action at law against the mover or warehouseman and the surety, bank, or 1[director] board1, as the case may be. The aggregate liability of the surety, bank, or the 1[director] board1 to all persons for all breaches of the conditions of the bond, letter of credit or the securities, moneys or other security held by the 1[director] board1 shall not exceed the amount of the bond, letter of credit, or the securities, moneys or other security held by the 1[director] board1.

    In the case of a bond, the mover or warehouseman shall file a copy of the bond with the 1[director] board1 and a certificate by the surety that the surety will notify the 1[director] board1 at least 10 days in advance of the date of any cancellation or material change in the bond.]2

 

    1[18.] 2[4.1] 3.2 (New section) a. An applicant for licensure under P.L.1981, c.311 (C.45:14D-1 et seq.) shall not be eligible for licensure and any holder of a license under that act may have his license revoked if the 1[director] board1 determines, consistent with the requirements and standards of P.L.1981, C.311 (C.45:14D-1 et seq.) and this 1996 amendatory and supplementary act, that criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which would disqualify that individual from being licensed. An applicant shall be, and a holder of a license may be, disqualified from licensure if that individual's criminal history record check reveals a record of conviction of any of the following crimes 2[and offenses]2:

    (1) In New Jersey, any crime 2[or disorderly persons offense]2:

    (a) Involving danger to the person, meaning those crimes 2[and disorderly persons offenses]2 set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.; or

    (b) Against the family, children or incompetents, meaning those crimes 2[and disorderly persons offenses]2 set forth in N.J.S.2C:24-1 et seq.; or

    (2) In any other state or jurisdiction, of conduct which, if committed in New Jersey, would constitute any of the crimes 2[or disorderly persons offenses]2 described in paragraph (1) of this subsection.

    b. Notwithstanding the provisions of subsection a. of this section, no individual shall be disqualified from licensure on the basis of any conviction disclosed by a criminal history record check performed pursuant to this section if the individual has affirmatively demonstrated to the 1[director] board1 clear and convincing evidence of his rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:            (1) The nature and responsibility of the position which the convicted individual would hold;

    (2) The nature and seriousness of the offense;

    (3) The circumstances under which the offense occurred;

    (4) The date of the offense;

    (5) The age of the individual when the offense was committed;

    (6) Whether the offense was an isolated or repeated incident;

    (7) Any social conditions which may have contributed to the offense; and

    (8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have had the individual under their supervision.


    1[19.] 2[5.1] 4.2 (New section) An applicant and holder of a license shall submit to the 1[director] board1 his name, address and fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency. The 1[director] board1 is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by section 1[18] 4.1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

 

    1[20.] 2[6.1] 5.2 (New section) a. Upon receipt of an applicant's or licensee's criminal history record information from the Federal Bureau of Investigation or the Division of State Police, as applicable, the 1[director] board1 shall notify the applicant or licensee, in writing, of the applicant's or licensee's qualification or disqualification for licensure under P.L.1981, c.311 (C45:14D-1 et seq.). If the applicant or licensee is disqualified, the conviction or convictions which constitute the basis for the disqualification shall be identified in the written notice.

      b. The applicant or licensee shall have 30 days from the date of written notice of disqualification to petition the 1[director] board1 for a hearing on the accuracy of the criminal history record information or to establish his rehabilitation under subsection b. of section 1[18] 41 of P.L. , c. (C. ) (pending before the Legislature as this bill). The 1[director] board1 may refer any case arising hereunder to the Office of Administrative Law for administrative proceedings pursuant to P.L.1978, c.67 (C.52:14F-1 et al.).

      c. The 1[director] board1 shall not maintain any individual's criminal history record information or evidence of rehabilitation submitted under this section for more than six months from the date of a final determination by the 1[director] board1 as to the individual's qualification or disqualification to be licensed pursuant to P.L.1981, c.311 (C.45:14D-1 et seq.).

 

      1[21.] 2[7.1] 6.2 [Sections 4 and] Section1 14 of P.L.1981, c.311 1[(C.45:14D-4 and C.45:14D-14) are] (C.45:14D-14) is1 repealed.

 

      1[22.] 2[8.1] 7.2 This act shall take effect 60 days following enactment.

 

                               

Revises licensure requirements and eliminates tariffs for public movers and warehousemen.