N.J. Admin. Code § 13:18-10.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:18-10.1 - General provisions

(a) The rules contained in this subchapter implement the provisions of N.J.S.A. 39:2A-33.c and establish the requirements and procedures for the approval of appropriate and suitable advertising in the interior or on the exterior of any equipment or facility owned or leased by the New Jersey Motor Vehicle Commission (Commission), in any mailing the Commission conducts, and/or in any publication it produces.

(b) The criteria in this subchapter shall apply to all contracts for the installation, display, and maintenance of advertising in the interior or on the exterior of any equipment or facility owned or leased by the Commission, in any mailing the Commission conducts, and/or in any publication it produces.

(c) The display of advertising in the interior or on the exterior of any equipment or facility owned or leased by the Commission, in any mailing the Commission conducts, and/or in any publication it produces does not constitute an endorsement by the Commission of any of the products, services, or messages so advertised, unless authorized in writing by the Commission and so stated within the advertisement.

(d) All advertisements shall require the prior written approval of the Chief Administrator of the Motor Vehicle Commission, and the contractor shall not use the State's name, logos, images, or any data or results arising from this contract as a part of any commercial advertising without first obtaining prior written consent of the Director of the Department of the Treasury, Division of Purchase and Property and the Chief Administrator of the Motor Vehicle Commission. Advertisements shall not include the State's or the Commission's name, logos, images, or any data or results arising from an advertising contract as a part of any commercial advertising without first obtaining prior written approval.

(e) The advertiser shall be considered an independent contractor and shall not be deemed to be an agent, servant, employee, or representative of the Commission.

(f) All contracts entered into by the Commission for the purpose of placing advertising in the interior or on the exterior of any Commission equipment, facility, mailing, or publication shall be subject to the competitive bidding requirements of N.J.S.A. 52:34-6et seq.

(g) In the event the advertiser fails to provide service in accordance with the contract for advertisement(s), the advertiser shall be considered in breach of contract and the advertisement(s) shall be immediately canceled in accordance with N.J.A.C. 17:12-4.

(h) The Commission shall designate, in its absolute discretion and at any time, the locations in the interior and/or on the exterior of Commission equipment, facilities, mailings, and/or publications where advertisements may be inserted or displayed.

(i) The Commission may reject, pursuant to N.J.A.C. 13:18-10.2 below, at any time, any advertising copy, whether or not the Commission has previously acknowledged and/or advertised the exact or similar copy.

(j) No advertising space may be used or resold by the advertiser for the promotion, either directly or indirectly, of any business, organization, or enterprise other than the one defined in the advertiser's contract for advertisement.

(k) The advertiser shall protect, defend, and hold harmless the Commission, its agents, and employees, from any suits or actions of every nature and description brought against it by reason of the advertisement.

N.J. Admin. Code § 13:18-10.1

Adopted by 47 N.J.R. 728(b), effective 4/6/2015.

Amended by 50 N.J.R. 2072(a), effective 10/1/2018