N.J. Admin. Code § 13:20-45.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:20-45.14 - Additional violations

(a) In addition to any violation of 39:8-1 et seq., the Chief Administrator may refuse to renew a registration or suspend or revoke the registration of any motor vehicle emission repair facility if he or she determines that the applicant or registrant:

1. Has made a false statement or concealed a fact in connection with the application for a registration or a renewal thereof; or

2. Is not the owner of, or possessor of a controlling interest in, the motor vehicle emission repair facility.

(b) In addition to any violation of 39:8-1 et seq., the Chief Administrator may refuse to renew a registration or suspend or revoke the registration of any motor vehicle emission repair facility if he or she determines that the applicant or registrant at any time following submission of the application for initial registration:

1. Has been found to have violated or conducted fraudulent or deceptive practices concerning the repair of motor vehicles in violation of 56:8-1 et seq. or N.J.A.C. 13:45A-26C or this subchapter;

2. Has been found to have violated 7:27-15.7 pertaining to tampering with emission control apparatus;

3. Has a criminal record which is disqualifying. A disqualifying criminal record shall include a conviction of any offense in any jurisdiction which indicates that registration of the applicant or continued registration of the registrant would be inimical to the registration standards set forth in P.L. 1995, c.112 and this subchapter;

4. Demonstrates a pattern of conduct whereby emission-related or OBD-related repairs made by the motor vehicle emission repair facility were not made in a workmanlike manner;

5. Issues a check in payment of any fees required by this subchapter which is subsequently dishonored;

6. Has failed to comply with any of the provisions of this subchapter;

7. Fails to maintain an approved place of business in accordance with 13:20-45.4(b)(1);

8. Fails to pay any fee required by law or regulation;

9. Fails to notify the Chief Administrator in writing as required by 13:20-45.11(f), (g) and (h);

10. Has in its possession any motor vehicle, major motor vehicle component part or component part as defined in 39:10B-1 or replacement parts on which the vehicle identification number or other identification affixed thereto in accordance with Federal theft prevention standards has been removed, altered, defaced, destroyed, or so covered as to be concealed;

11. Has been found to be in violation of the Federal Clean Air Act or the Consumer Fraud Act (56:8-1 et seq.) or any regulations adopted thereunder;

12. Has failed to properly secure Emission Repair Forms;

13. Has failed to properly account for lost or stolen Emission Repair Forms. A registrant can "properly account" for such documents by demonstrating, to the satisfaction of the Chief Administrator, that they were lost or stolen under circumstances beyond the reasonable control of the registrant; or

14. For other good cause.

N.J. Admin. Code § 13:20-45.14

Amended by R.1999 d.422, effective 12/6/1999.
See: 31 N.J.R. 2466(a), 31 N.J.R. 4078(a).
In (b)1, changed N.J.A.C. reference.
Amended by R.2001 d.20, effective 1/16/2001.
See: 32 N.J.R. 3720(a), 33 N.J.R. 269(a).
In (a)2, inserted "emission" preceding "repair facility".
Amended by R.2003 d.206, effective 5/19/2003.
See: 34 N.J.R. 2523(a), 35 N.J.R. 2251(b).
In (b)4, inserted "-related or OBD-related" following "emission".
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Chief Administrator" for "Director" throughout.
Amended by R.2009 d.312, effective 10/19/2009.
See: 41 N.J.R. 1674(a), 41 N.J.R. 3939(b).
In (b)12 and (b)13, deleted "Pre-inspection" preceding "Emission".