Current through Register Vol. 56, No. 6, March 18, 2024
(a) The canons of professional ethics and standards of conduct for registered businesses is set forth in this section. A registered business shall:
1. Adhere to established standards of advertising and selling;
2. Honestly represent products and services;
3. Conduct business in an honest manner and abide by the law;
4. Openly identify the principal office, any branch office, and the ownership of the business;
5. Abide by all written agreements and verbal representations;
6. Address marketplace disputes quickly, professionally, and in good faith;
7. Protect any data collected against mishandling and fraud;
8. Approach all business dealings, marketplace transactions, and commitments with integrity, and conduct business in a fair and just manner in dealing with the public, employees, and other businesses;
9. Provide for the safety and training of employees to ensure a healthy work environment;
10. Stay current and educate employees and clients in the most current research and practices available to the industry;
11. Comply with all applicable laws and rules including quarantine restrictions established by a State or Federal agency having jurisdiction in New Jersey; and
12. Adhere to the industry standards set forth at N.J.A.C. 7:3A-8.1(a).
(b) Failure to abide by the canons of professional ethics and standards of conduct set forth in (a) above shall result in suspension or revocation of the offender's registration as set forth at N.J.A.C. 7:3A-9.2 and 9.3, refusal by the Board to renew the offender's business registration and/or imposition of civil administrative penalties as set forth at N.J.A.C. 7:3A-9.6(a).
(c) Wrongful conduct by a registered business shall include:
1. Failure to demonstrate that at least one licensee, who may be the employer, or an employee engaged in the performance of or supervision of employees who provide LTE or LTCO services, is assigned to the principal office and to each branch office of the business from which tree care services are provided for hire in New Jersey. If services that are exclusively LTE services are performed, the licensee shall be in possession of a tree expert license;
2. Failure to reasonably ensure the safe operation of all equipment used in the performance of tree expert or tree care operator services;
3. Allowing work to be conducted in a manner not in compliance with the standards set forth at N.J.A.C. 7:3A-8.1(a) and (b);
4. Failure to provide instruction and training for its employees as required by N.J.A.C. 7:3A-2.14;
5. Failure to hold the requisite amount of worker's compensation and general liability insurance or a letter of credit as required at N.J.A.C. 7:3A-2.11;
6. Engaging in the use of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense in the course of his or her business;
7. Having been found guilty by a court of law of gross negligence or incompetence in the rendering of tree care services;
8. Having had its authority to engage in tree expert or tree care operator services revoked or suspended by any other state, agency, or authority;
9. Failure to comply with the provisions of the Tree Experts and Tree Care Operators Licensing Act and this chapter;
10. Engaging in any form of false or misleading advertising or promotional activities; and
11. Failure to maintain records as required at N.J.A.C. 7:3A-2.12.
(d) Engaging in wrongful conduct shall result in suspension or revocation of the offender's registration as set forth at N.J.A.C. 7:3A-9.2 and 9.3, refusal by the Board to renew the offender's business registration and/or imposition of civil administrative penalties as set forth at N.J.A.C. 7:3A-9.6(a).
