N.J. Admin. Code § 13:32-3.2

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

Section 13:32-3.2 - Bona fide representative; reporting responsibilities

(a) A licensed master plumber seeking to act as a bona fide representative for any firm, partnership, corporation, or other legal entity shall comply with the following within 30 days of assuming the role of a bona fide representative:

1. Register with the Board, providing the name of the plumbing contractor, its New Jersey business address and if the plumbing contractor is a corporation, the names of the officers of record;

2. Provide the Board documentary proof of his or her ownership interest in the business;

3. Provide to the Board proof that the plumbing contractor has consented that the bona fide representative will act as the agent for service of process within this State. Such proof shall be in writing and on a form provided by the Board;

4. Provide to the Board the acceptance of liability by the plumbing contractor for any monetary penalty, monies to be paid for restoration to consumers of fees paid for services or for delays suffered by consumers and costs assessed against the bona fide representative while acting within the scope of his or her employment on behalf of the plumbing contractor. Such acceptance of liability shall be in writing and on a form provided by the Board; and

5. Provide the Board with the name of the licensed master plumber who previously acted as the bona fide representative for the plumbing contractor, if any.

(b) In order to evaluate the claims relating to the bona fide representatives ownership interest in the plumbing contractor pursuant to (a)2 above, the Board, at any time, may request that the bona fide representative provide any Federal, State or local government tax documentation, which the plumbing contractor is required to file with governmental tax authorities.

(c) If a bona fide representative for any firm, partnership, corporation or other legal entity withdraws as the bona fide representative, the firm, partnership, corporation or other legal entity may continue to operate for 60 days without a bona fide representative provided that:

1. A licensee supervises all work conducted in the same manner as required by a bona fide representative pursuant to N.J.A.C. 13:32-3.3(a)3;

2. The bona fide representative and the firm, partnership, corporation or other legal entity notifies the Board within 10 days of the withdrawal of the bona fide representative; and

3. The supervising licensee notifies the Board within 10 days of being appointed as the supervising licensee.

(d) If the bona fide representative for any firm, partnership, corporation or other legal entity is unable to perform the duties of a bona fide representative because of death, illness or disability, the firm, partnership, corporation or other legal entity may continue to operate for six months without a bona fide representative provided that:

1. A licensed master plumber supervises all work conducted in the same manner as required by a bona fide representative pursuant to N.J.A.C. 13:32-3.3(a)3;

2. The firm, partnership, corporation or other legal entity notify the Board within 10 days of the death, illness or disability of the bona fide representative; and

3. The supervising licensee notifies the Board within 10 days of being appointed as the supervising licensee.

N.J. Admin. Code § 13:32-3.2

Recodified from N.J.A.C. 13:32-1.5(a) by R.1997 d.456, effective 11/3/1997.
See: 29 N.J.R. 3592(a), 29 N.J.R. 4704(b).
Amended by R.2001 d.12, effective 3/3/2001.
See: 31 N.J.R. 3984(a), 33 N.J.R. 56(a).
Rewrote the section.
Amended by R.2003 d.165, effective 4/21/2003.
See: 34 N.J.R. 3675(a), 35 N.J.R. 1671(a).
Substituted "licensed master plumber" for "licensee" throughout.
Amended by R.2005 d.69, effective 2/22/2005.
See: 36 N.J.R. 1718(b), 37 N.J.R. 616(a).
Rewrote (c).
Amended by R.2008 d.260, effective 9/2/2008.
See: 40 N.J.R. 1607(a), 40 N.J.R. 5045(b).
In the introductory paragraph of (a), deleted "contemplated by N.J.S.A. 45:14C-2" following "entity"; in (a)1, inserted "New Jersey"; in (b), inserted a comma following "documentation" and deleted "the" preceding "governmental"; rewrote the introductory paragraph of (c); added (c)1 through (c)3; rewrote the introductory paragraph of (d); and added (d)1 through (d)3.
Amended by R.2012 d.117, effective 6/18/2012.
See: 43 N.J.R. 2720(a), 44 N.J.R. 1782(c).
Rewrote (a)2; in (a)3, deleted "and" from the end; in (a)4, substituted "; and" for a period at the end; and added (a)5.