Current through Register Vol. 56, No. 18, September 16, 2024
(a) Each home
improvement contractor required to be registered under this subchapter shall
initially register with the Division by submitting the following on forms
provided by the Director:
1. The name and
street address of each place of business of the home improvement contractor and
any fictitious or trade name to be used by the home improvement
contractor;
2. The type of business
organization;
3. The name,
residence and business street address of each officer, director, principal and
person with an ownership interest of 10 percent or more in the home improvement
contractor business, including the percentage of ownership held;
4. The name and number of any professional or
occupational license, certificate or registration issued by this State or any
other governmental entity to any officer, director, principal or person with an
ownership interest of 10 percent or more in the home improvement contractor
business;
5. Whether the entity,
any officer, director, principal or person with an ownership interest of 10
percent or more in the home improvement contractor business has been adjudged
liable in an administrative or civil action involving any of the situations in
(a)5i through vi below. For the purposes of this paragraph, a judgment of
liability in an administrative or civil action shall include, but not be
limited to, any finding or admission that the entity, officer, director,
principal or person with an ownership interest of 10 percent or more in the
home improvement contractor business engaged in an unlawful practice or
practices related to any of the named situations in (a)5i through vi below
regardless of whether that finding was made in the context of an injunction, a
proceeding resulting in the denial, suspension or revocation of a license,
certification or registration, consented to in an assurance of voluntary
compliance or any similar order or legal agreement with any State or Federal
agency. As described above, this paragraph covers the following situations:
i. Obtained any registration, certification
or license by fraud, deception or misrepresentation;
ii. Engaged in the use or employment of
dishonesty, fraud, deception, misrepresentation, false promise or false
pretense;
iii. Engaged in gross
negligence, gross malpractice or gross incompetence;
iv. Engaged in acts of negligence,
malpractice or incompetence involving selling or making a home improvement;
and
v. Engaged in professional or
occupational misconduct;
6. Whether the entity, any officer, director,
principal or person with an ownership interest of 10 percent or more in the
home improvement contractor business has been convicted of any crime involving
moral turpitude or any crime relating adversely to selling or making home
improvements. For the purpose of this paragraph, a plea of guilty, non vult,
nolo contendere or any other such disposition of alleged criminal activity
shall be deemed a conviction;
7.
Whether the entity, any officer, director, principal or person with an
ownership interest of 10 percent or more in the home improvement contractor
business has had their authority to engage in the activity regulated by the
Director revoked or suspended by any other state, agency or
authority;
8. Whether the entity,
any officer, director, principal or person with an ownership interest of 10
percent or more in the home improvement contractor business has violated or
failed to comply with the provisions of any act, regulation or order
administered or issued by the Director;
9. Whether the entity, any officer, director,
principal or person with an ownership interest of 10 percent or more in the
home improvement contractor business believes they are unable to meet the
requirements of the Contractors' Registration Act,
56:8-136 et seq. or rule in this
subchapter for medical or any other good cause to the detriment of the public's
health, safety and welfare; and
10.
The name and street address of an agent in the State of New Jersey for service
of process.
(b) An
application that is not completed because of the applicant's failure to cure a
deficiency or to comply with the Director's request for additional information
within six months from the date of the first deficiency notice or the date of
the first written request for additional information shall be deemed to have
been abandoned.
(c) In addition to
the information required in (a) above, the applicant shall include the
following with the initial application:
1. A
properly completed disclosure statement that complies with the requirements of
13:45A-17.6;
2. Proof of the home improvement contractor's
commercial general liability insurance policy in a minimum amount of $ 500,000
per occurrence that complies with the requirements of
13:45A-17.12; and
3. The initial registration fee in the amount
specified in
13:45A-17.14.
(d) The first registration period that begins
January 20, 2015, shall expire on March 31 of the following year. Thereafter, a
registration period shall commence on April 1 of each year and end on the
following March 31.
(e) A
registered home improvement contractor shall include the following with the
annual renewal application:
1. A completed
renewal application that will be on a form specified by the Director;
2. Proof of the home improvement contractor's
commercial general liability insurance policy in a minimum amount of $ 500,000
per occurrence that complies with the requirements of
13:45A-17.12;
3. The renewal registration fee in the amount
specified in
13:45A-17.14; and
4. If the completed renewal application is
received by the Division after the renewal application's due date as specified
on the renewal application, the late fee in the amount specified in
13:45A-17.14.