N.J. Admin. Code § 13:23-2.36

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

Section 13:23-2.36 - Authorized agents; certificates; denial, suspension or revocation of certificate

(a) The driving school owner may appoint, with the approval of the Chief Administrator, authorized agents for the purpose of transporting the school's students to a driver testing center to take the behind-the-wheel test portion of the driver examination or to purchase a permit.

(b) The Chief Administrator may issue an "Authorized Agent" identification certificate when the following requirements have been met:

1. Applicant must be of good moral character;

2. Applicant must be at least 18 years of age;

3. Applicant shall be the holder of a valid basic driver's license issued by the Commission pursuant to 39:3-10 or a driver's license issued by another state that is substantially similar to this State's basic driver's license;

4. Applicant must have a driving record devoid of the offenses set forth in (d) below;

5. Applicant who has been licensed by another state or states during the past three years must submit a certified abstract of his or her driving record from the state or states in which he or she is or was licensed to drive with the initial application and all renewals thereof; and

6. Applicant shall, at the time of his or her initial application, submit documentation confirming that such applicant 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. The Commission shall request the State Bureau of Identification to attach a SBI Number Flag to the applicant's SBI number in accordance with 13:59-1.8.

(c) The annual fee for an authorized agent identification certificate shall be $ 25.00 and the certificate shall be valid for the calendar year expiring December 31. The certificate shall contain the agent's permanent identification number. The Chief Administrator may deny, suspend, or revoke any authorized agent identification certificate upon conviction of any of the offenses enumerated in 13:23-2.12(a)3, a violation of this chapter, or other good cause, after due notice in writing thereof, in accordance with the provisions of the "Administrative Procedure Act," 52:14B-1 et seq.

(d) The Chief Administrator or his or her designee may deny, suspend, or revoke any authorized agent identification certificate if the holder of such certificate or applicant for such certificate has accumulated nine or more points by reason of convictions for violations of the Motor Vehicle Law or has been convicted of a violation of 39:4-50, 39:4-50.2, or 39:4-49.1, or has incurred a conviction or administrative determination of a substantially similar offense in any jurisdiction.

(e) Upon severance of employment, the driving school owner shall notify the Driving School Section of the Commission, in writing, of the date of severance. Upon severance, the agent shall surrender his or her identification certificate to the Commission.

N.J. Admin. Code § 13:23-2.36

Amended by, R.1984 d.216 effective 6/4/1984.
See: 16 New Jersey Register 209(a), 16 New Jersey Register 1354(a).
Amended by R.1991 d.371, effective 7/15/1991.
See: 23 New Jersey Register 662(a), 23 New Jersey Register 2151(a).
Changed heading; added "certificates; denial, suspension or revocation of certificate".
Substituted "certificates" for "cards" throughout.
Changed "acting as an accompanying driver for" to "transporting"; "qualification" to "testing"; and "for the purpose of taking" to "to take"; added "or to purchase a permit" in (a).
Deleted "satisfactory to the Director"; added "devoid of the offenses set forth in (d) below" in (b)4.
Added (b)5 and 6.
Redesignated existing (b) as (c); changed "two calendar years" to "the calendar year ending December 31."; added references to N.J.A.C. 13:23-2.12(a)3 and N.J.S.A. 52:14B-1 et seq.
Added (d).
Redesignated existing (c) as (e) and substituted old text for new text.
Amended by R.2004 d.444, effective 12/6/2004.
See: 36 New Jersey Register 2180(a), 36 New Jersey Register 5372(a).
Rewrote the section.