N.J. Admin. Code § 12:51-3.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:51-3.1 - Organization and by-laws

(a) The rehabilitation organization or its parent organization will be, or will be part of, a legal entity with a charter and by-laws which are in accordance with those legal requirements, which in the case of a for profit entity affect its status as a business under the laws of this State.

(b) A not-for-profit organization must hold a letter of exemption under Section 501(c)3 of the Internal Revenue Service Code of 1954.

1. The agency's charter from the State of New Jersey will identify the corporate entity, state the objective of the corporate entity, and describe categories of the qualifications for membership if applicable.

2. The charter, by-laws, or articles of incorporation of non-profit organizations will contain provision for the dissolution of the organization in such a manner as to ensure that no residual assets can accrue to the benefit of any individual or group of individuals.

(c) The charter will clearly state the purposes of the organization and describe these purposes in a form suitable for distribution.

(d) The purpose of the organization will be related to the human needs it serves. The organization will describe how its programs contribute to these purposes and conditions or restrictions on admission or provisions of services.

(e) The by-laws will:

1. Provide for an advisory body, in the case of a not-for-profit rehabilitation organization for the selection of a governing board;

2. Describe qualifications for election to the advisory body and tenure of office;

3. Provide for the election and specification of duties of officers;

4. Establish regular and special meetings of the advisory body, in no event fewer than four meetings each year;

5. Provide for committees of the advisory body;

6. Describe the parliamentary procedures which will be followed in the conduct of business meetings;

7. Describe methods of amending the by-laws;

8. Establish a quorum with requirements of at least one-third of the advisory body; and

9. Require recording of minutes.

(f) The rehabilitation organization will have an Affirmative Action Program and will not discriminate on the basis of race, sex, creed, national origin or disability.

N.J. Admin. Code § 12:51-3.1

Amended by R.1991 d.604, effective 12/16/1991.
See: 23 New Jersey Register 2927(b), 23 New Jersey Register 3797(a).
Revised (d)1.
Amended by R.1996 d.564, effective 12/16/1996.
See: 28 New Jersey Register 4045(a), 28 New Jersey Register 5209(a).
Amended by R.2002 d.119, effective 5/6/2002.
See: 33 New Jersey Register 4091(a), 34 New Jersey Register 1726(a).
Rewrote (a) and (e).