N.J. Admin. Code § 13:44D-4.11

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

Section 13:44D-4.11 - Occupational misconduct

(a) A public mover shall be deemed to have engaged in occupational misconduct within the meaning of 45:14D-7(f) if the mover engages in the following:

1. Books and/or attempts to perform a move where the mover knew or should have known that a moving vehicle of adequate size and containing adequate equipment to accommodate the consumer's goods and any necessary moving equipment would not be or in fact was not available to the mover on the scheduled date of the move;

2. Fails to arrive at the consumer's premises on the promised date of service and perform all contracted-for services; or

3. Fails to notify the consumer of the impossibility of meeting the promised date of service by written notice or by telephone no later than 12:00 noon on the promised date, or, if impractical under the circumstances, at the earliest possible time, and fails to offer the consumer the option of:

i. Accepting service at a specified later time;

ii. Allowing a subcontractor to perform the moving services;

iii. Accepting substituted service by another licensed carrier. In the event this option is accepted the consumer shall be charged according to the filed tariff of the public mover performing the substituted service; or

iv. Cancelling the moving contract and receiving a refund of all monies paid on account for the contract less any reasonable charges for services already rendered based solely on the rates and charges set forth in the public mover's tariff.

(b) For the purposes of this section, "impossibility of meeting the promised date of service" shall refer to forces beyond the control of the public mover including, but not limited to, such things as acts of nature and labor stoppage.

N.J. Admin. Code § 13:44D-4.11

Amended by R.1992 d.199, effective 5/4/1992.
See: 24 N.J.R. 341(a), 24 N.J.R. 1800(a).
Revised (a).
Amended by R.1994 d.395, effective 8/1/1994.
See: 26 N.J.R. 1758(a), 26 N.J.R. 3182(a).
Recodified from N.J.A.C. 13:44D-4.6 and amended by R.2004 d.203, effective 6/7/2004.
See: 35 N.J.R. 1764(a), 35 N.J.R. 2836(a), 35 N.J.R. 4044(a), 36 N.J.R. 2762(c).
In (a), rewrote the introductory paragraph and substituted references to consumers for references to shippers throughout. Former N.J.A.C. 13:44D-4.9, Collection of tariff charges where the shipment has been destroyed, recodified to N.J.A.C. 13:44D-4.12.
Recodified from N.J.A.C. 13:44D-4.9 by R.2012 d.069, effective 4/2/2012.
See: 43 N.J.R. 1579(a), 44 N.J.R. 1113(a).
Former N.J.A.C. 13:44D-4.11, Warehousing, recodified to N.J.A.C. 13:44D-4.13.