N.J. Admin. Code § 13:45A-34.2

Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:45A-34.2 - Definitions

The following words and terms when used in this subchapter shall have the following meanings, unless the context indicates otherwise.

"Client" means a resident of New Jersey for whom an international labor matching organization seeks to locate labor assistance from citizens of a foreign country residing outside of the United States, or for whom an international matchmaking organization renders dating, matrimonial, or social referral services involving citizens of a foreign country residing outside of the United States.

"Criminal history record background check" means a determination whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division, and the State Bureau of Identification in the Division of State Police.

"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

"Doing business in the United States" means that the international labor matching organization or the international matchmaking organization has a physical business office in the United States.

"Employee" means an employee of an international labor matching organization or international matchmaking organization whose job description or functional duties entail the solicitation of, or access to, personal information of New Jersey clients and recruits.

"International labor matching organization" means a corporation, partnership, sole proprietorship, or other entity doing business in the United States, whose primary purpose is to offer to New Jersey residents, opportunities to locate labor assistance from foreign recruits residing outside of the United States for the purpose of bringing the foreign recruit to New Jersey. The phrase "whose primary purpose is to offer to New Jersey residents" means that for the previous fiscal year, more than 50 percent of the organization's business consisted of clients seeking labor assistance who resided in New Jersey and that more than 50 percent of the organization's business consisted of placements for labor assistance sought by the New Jersey clients that were for foreign recruits.

"International matchmaking organization" means a corporation, partnership, sole proprietorship, or other entity doing business in the United States whose primary purpose is offering, including to New Jersey residents, dating, matrimonial, or social referral services involving citizens of foreign countries who are not residing in the United States, such as: (1) an exchange of names, telephone numbers, addresses, or statistics; (2) a selection of photographs; or (3) providing a social environment for introducing clients to recruits in a country other than the United States. The term shall not include an on-line personal services organization. The phrase "whose primary purpose is offering, including to New Jersey residents," means that for the previous fiscal year, more than 50 percent of the organization's business consisted of placements for dating, matrimonial, or social referral services involving foreign recruits and that more than 10 percent of such placements are for New Jersey clients.

"On-line personal services organization" means a corporation, partnership, sole proprietorship, or other entity that does business in the United States and for profit provides an on-line forum for persons to post personal profiles as a means of self-referral for dating, matrimonial, or other social purpose.

"Recruit" means a citizen of a foreign country residing outside of the United States who is recruited by an international labor matching organization for the purpose of bringing the laborer to New Jersey, or by an international matchmaking organization for the purpose of providing dating, matrimonial or social referral services.

N.J. Admin. Code § 13:45A-34.2