N.J. Admin. Code § 13:45C-4.1

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

Section 13:45C-4.1 - Applicability and definitions

(a) This subchapter shall apply to all persons licensed, certified, registered, or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a profession or occupation.

(b) The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Board" means any professional or occupational licensing board, committee, or sub-unit of a board or committee within the Division.

"Director" means the Director of the Division of Consumer Affairs.

"Division" means the Division of Consumer Affairs.

"Engage in a reprisal" means to, in any way that has a direct or substantial relationship to the activity regulated by a board:

1. Take any retaliatory action against a person because that person has, with respect to rights afforded, or practices or acts prohibited, under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (the NJLAD), or any other applicable Federal or State civil rights or antidiscrimination law:

i. Opposed any prohibited practices or acts;

ii. Sought legal advice;

iii. Shared relevant information with legal counsel;

iv. Shared information with a governmental entity; or

v. Filed a complaint or testified or assisted in any proceeding; or

2. Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of that person's rights under the NJLAD or any other applicable Federal or State civil rights or antidiscrimination law; or

3. Coerce, intimidate, or threaten any person on account of that person's having aided or encouraged any other person in the other person's exercise or enjoyment of rights under the NJLAD or any other applicable Federal or State civil rights or anti-discrimination law.

"Engage in prohibited discrimination" means to engage in conduct that has a direct or substantial relationship to the activity regulated by a board and that violates the NJLAD or any other applicable Federal or State civil rights or anti-discrimination law.

"Licensee" means any licensee, permittee, certificate holder, or registrant of any board.

(c) Any terms used, but not defined, in this subchapter that are defined at N.J.S.A. 10:5-5 shall have the same meanings as delineated within that statute.

N.J. Admin. Code § 13:45C-4.1

Adopted by 55 N.J.R. 550(a), effective 3/20/2023