N.J. Admin. Code § 13:45A-34.3

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

Section 13:45A-34.3 - Registration

(a) On or before November 4, 2012, an international labor matching organization or an international matchmaking organization shall apply for registration with the Division of Consumer Affairs, and to have each owner, prospective owner, and employee of the organization certified by the Division as eligible to provide labor matching or matchmaking services to New Jersey residents. The organization shall be permitted to continue offering its services to New Jersey residents for 90 days after the date of application. If the organization has not satisfied the criteria for registration within 90 days after application, the organization may submit a written request for extension to the Division. An extension granted under this subsection shall not exceed 90 days.

(b) An organization that performs the services of an international labor matching organization or an international matchmaking organization but is not required to register with the Division on August 6, 2012 because the organization is not an international labor matching organization or an international matchmaking organization shall apply for registration with the Division within 90 days after the close of the fiscal year in which the organization satisfied the criteria in this section. The organization shall be permitted to continue offering its services to New Jersey residents for 90 days after the date of application. If the organization has not completed the registration process within 90 days after application, the organization may submit a written request for extension to the Division. An extension granted under this subsection shall not exceed 90 days.

(c) The Division shall maintain a list of all international labor matching organizations and international matchmaking organizations registered under this subchapter and shall make this list available to the public on the Division's website at http://www.njconsumeraffairs.gov.

(d) An organization that performs the services of an international labor matching organization or an international matchmaking organization but is not required to register with the Division because the organization is not an international labor matching organization or an international matchmaking organization as defined in N.J.A.C. 13:45A-34.2 may voluntarily register with the Division. An organization voluntarily registering with the Division shall comply with all requirements in this subchapter and shall be included in the list of organizations maintained by the Division and made available to the public pursuant to (c) above.

(e) An international labor matching organization or an international matchmaking organization applying for registration shall submit the following to the Division:

1. A completed application for registration, which shall contain:

i. The name, residence, and business address of all owners and prospective owners;

ii. The name and residence address of all employees; and

iii. The name and business address of a designated agent in New Jersey for service of process;

2. Written consent for the initiation of a criminal history record background check from each owner, prospective owner, and employee named in the application to determine whether any disqualifying criminal convictions, consistent with N.J.A.C. 13:45A-34.4, exist. A separate, signed consent form shall be submitted for each owner, prospective owner, or employee. Each owner, prospective owner, or employee shall also submit his or her fingerprints. The criminal history background check shall be conducted by the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation.

i. The Division shall not certify as eligible to own an international labor matching organization or international matchmaking organization, or as eligible to be employed by such organization, any owner, prospective owner, or employee who refuses to consent to, or otherwise refuses to cooperate in, the securing of a criminal history record background check;

3. The criminal history record background check fee payable to the State vendor for digital fingerprinting for each owner, prospective owner, and employee named in the application; and

4. A registration fee of $ 100.00 payable to the Division.

(f) The Division shall issue a registration to an international labor matching organization or an international matchmaking organization, and shall issue to each owner, prospective owner, and employee of the organization a certification that the individual is eligible to provide labor matching or matchmaking services in New Jersey, following receipt of the results of a criminal history record background check revealing that the individuals have not been convicted of a disqualifying offense, as set forth in N.J.A.C. 13:45A-34.4.

(g) An international labor matching organization or international matchmaking organization shall file a supplemental registration application with the Division immediately upon hiring a new employee or obtaining a new owner. The supplemental application shall include written consent from the new employee or new owner for the initiation of a criminal history record background check and shall be accompanied by the criminal history record background check fee, unless the new employee or new owner has previously been certified by the Division as eligible to be employed by, or eligible to own, an international labor matching organization or international matchmaking organization. Unless the new employee or new owner has been previously certified by the Division, the new employee or new owner shall not provide labor matching or matching services to New Jersey residents until being certified by the Division to provide such services.

(h) Falsification of any information on the registration application may result in the denial of registration, or the suspension or revocation of registration and the assessment of penalties pursuant to the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.

(i) An international labor matching organization or an international matchmaking organization shall notify the Division of any changes in the information submitted as part of organization's registration and/or supplemental registration application within 10 business days of such change.

(j) No international labor matching organization or international matchmaking organization required to register shall operate unless registered with the Division.

N.J. Admin. Code § 13:45A-34.3