N.J. Admin. Code § 13:20-44.4

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

Section 13:20-44.4 - Initial application for a license

(a) Any person seeking to engage in the business of a private inspection facility shall apply, in accordance with the provisions of this subchapter, to the Chief Administrator for a license authorizing him or her to engage in such business. An application for a private inspection facility license may be obtained from the Private Inspection Facility Licensing Unit of the Motor Vehicle Commission website at www.njmvc.gov/pif. The address of the Private Inspection Facility Licensing Unit is:

Motor Vehicle Commission

Business License Services

Private Inspection Facility Licensing Unit

225 East State Street

PO Box 170

Trenton, New Jersey 08666-0170

(b) Each applicant for a private inspection facility license shall file with the Chief Administrator, in such form and detail as may be required by him or her, an application setting forth the following:

1. The name, place of business and telephone number of the private inspection facility;

2. The name, business and residence address(es), driver's license number, social security number and telephone number(s) of:

i. The owner and/or possessor of a controlling interest of the facility, in the case of a sole proprietorship;

ii. Each partner, in the case of a partnership; or

iii. Each officer, director and possessor of a controlling interest, in the case of a corporation;

3. The businesses in which the applicant has been engaged for the five years preceding the date of application, and if employed, the names and addresses of the employers;

4. Whether the applicant has ever been convicted of a crime, disorderly persons offense or petty disorderly persons offense;

5. Whether the applicant has ever been found to be in violation of the Federal Clean Air Act or the Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.) or any regulations adopted thereunder or N.J.A.C. 7:27-15.7 pertaining to tampering with emission control apparatus;

6. Whether the applicant has ever been denied, or had suspended or revoked, a license or registration to engage in any business, profession or occupation licensed or registered under the laws of any state; and

7. Whether the applicant has any interest in any other private inspection facility or any motor vehicle-related business.

(c) Each initial application for a private inspection facility license shall be accompanied by proof of the following:

1. The New Jersey Sales Tax Identification Number;

2. The New Jersey Unemployment Registration Number;

3. The Federal Employer Identification Number;

4. The corporation code, if one has been issued by the Motor Vehicle Commission;

5. Proof in such form as the Chief Administrator may require that the applicant meets the requirements of N.J.A.C. 13:20-44.9; and

6. Proof of valid permits or other authorization from the appropriate Federal, State or other governmental agencies authorizing operation of the business or any equipment, service or process on the premises. These permits shall include, but are not limited to, proof of registration with the New Jersey Division of Taxation and the Department of Environmental Protection.

(d) Each initial application for a private inspection facility license shall be accompanied by a color photograph of each natural person required to be listed on the application by this section. Each natural person required to be listed on the application by this section shall submit documentation confirming that such individual has submitted to a criminal history record check in accordance with rules promulgated by the New Jersey Division of State Police at N.J.A.C. 13:59.

(e) Each initial application for a private inspection facility license shall be accompanied by proof of liability insurance coverage in the following minimum amounts: for injury to, or death of any one person in any one occurrence: $ 100,000; for injury to, or death of two or more persons in any one occurrence: $ 300,000; for damage to property in any one occurrence: $ 50,000. Proof of insurance coverage shall be in the form of a certificate issued by the insurer containing a clause that 30 days prior notice shall be given to the Motor Vehicle Commission of any cancellation or termination of the policy. Failure to maintain such insurance coverage shall be cause for immediate license suspension.

(f) Each initial application for a private inspection facility license shall be accompanied by the applicable fees as specified in N.J.A.C. 13:20-44.6.

(g) If there are multiple locations for private inspection facilities owned by the same applicant, a separate application, and proof of permits or other authorization from the appropriate Federal, State, or other governmental agencies authorizing operation of the business or any equipment, service, or process on the premise shall be submitted for each. These permits shall include, but are not limited to, proof of registration with the New Jersey Division of Taxation and the Department of Environmental Protection. An application shall include the following and shall be updated if there is a change in the ownership or corporation structure:

1. Business name;

2. License number;

3. Owner name;

4. Owner phone number;

5. Address of multiple location; and

6. Multiple location phone number.

(h) The Chief Administrator may grant a conditional license to an applicant who submits proof that all of the requirements for licensing will be met in accordance with a schedule set by the Chief Administrator, and who agrees that the conditional license will be surrendered immediately if proof is not provided in accordance with the schedule. The Chief Administrator may suspend the license of an applicant who does not surrender the conditional license when so required.

(i) The Motor Vehicle Commission shall not issue a private inspection facility license to an applicant who is the holder of a private inspection facility license while any type of enforcement action, either judicial or administrative, is pending or in force against the applicant's private inspection facility license.

N.J. Admin. Code § 13:20-44.4

Amended by R.1999 d.422, effective 12/6/1999.
See: 31 N.J.R. 2466(a), 31 N.J.R. 4078(a).
In (h), substituted a reference to 2000 for a reference to 1998.
Amended by R.2003 d.206, effective 5/19/2003.
See: 34 N.J.R. 2523(a), 35 N.J.R. 2251(b).
In (d)1, amended N.J.A.C. references and inserted ", or ordinary business check" following "money order".
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Motor Vehicle Commission" for "Division" and "Division of Motor Vehicles" and "Chief Administrator" for "Director" throughout; in (a), substituted "Motor Vehicle" for "Division" and "Services" for "Compliance"; in (b)7, inserted hyphen; rewrote (d); and in (e), substituted "insurer" for "carrier".
Amended by R.2014 d.008, effective 1/6/2014.
See: 45 N.J.R. 842(a), 46 N.J.R. 103(c).
In (a), inserted "website at www.njmvc.gov/pif"; rewrote (g); deleted former (h); recodified former (i) as (h); deleted former (j); recodified former (k) as (i); and in (i), substituted "facility" for "center" twice.