NEW JERSEY REGISTER
VOLUME 37, NUMBER 4
TUESDAY, FEBRUARY 22, 2005
RULE ADOPTION

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
OFFICE OF CONSUMER PROTECTION
CHARITABLE FUND RAISING REGULATIONS

Readoption with Amendments: N.J.A.C. 13:48

Proposed: October 4, 2004 at 36 N.J.R. 4370(a).

Adopted: January 14, 2005 by Peter C. Harvey, Attorney General, by Jeffrey C. Burstein, Acting Director, Division of Consumer Affairs, Designee.

Filed: January 21, 2005 as R.2005 d.70, without change.

Authority: N.J.S.A. 45:17A-18 et seq., specifically 45:17A-21b.

Effective Dates: January 21, 2005, Readoption;
February 22, 2005, Amendments.
Expiration Date: January 21, 2010.

Summary of Public Comment and Agency Response:

No comments were received.

Federal Standards Statement

A Federal standards analysis is not required because the readopted rules with amendments are governed by N.J.S.A. 45:17A-18 et seq. and are not subject to any Federal requirements or standards.

Full text of the readoption can be found in the New Jersey Administrative Code at N.J.A.C. 13:48.

Full text of the adopted amendments follows:

<< NJ ADC 13:48-2.1 >>

13:48-2.1 Fee schedule

(a) The fees charged by the Division of Consumer Affairs for registration of charitable organizations (which shall be read to include, for the purposes of this subchapter, federated fund raising organizations), fund raising counsel, independent paid fund raisers, and solicitors, and for filing of contracts and other documents, shall be the following:

1. A charitable organization, which is required under the Act to file a short form registration statement and which received gross contributions of not more than $10,000 during the most recently filed fiscal year of the organization, shall not be required to pay an annual registration fee. A late fee of $25.00 shall be incurred by any organization that fails to submit a complete annual registration filing within 30 days of the annual filing deadline.

2. A charitable organization, which is required under the Act to file a short form registration statement and which received gross contributions in excess of $10,000 during the most recently filed fiscal year of the organization, shall pay an annual registration fee of $30.00 a year with the annual filing unless a filing extension was granted pursuant to N.J.A.C. 13:48-3.1(c). A late fee of $25.00 shall be incurred by any organization that fails to submit a complete annual registration filing along with the applicable annual registration fee within 30 days of the annual filing deadline.

3. A charitable organization, which is required under the Act to file a long form registration statement and which received gross contributions of not more than $100,000 during the most recently filed fiscal year of the organization, shall pay an annual registration fee of $60.00 a year with the annual filing unless a filing extension was granted pursuant to N.J.A.C. 13:48-3.1(c). A late fee of $25.00 shall be incurred by any organization that fails to submit a complete annual registration filing along with the applicable annual registration fee within 30 days of the annual filing deadline.

4. A charitable organization, which is required under the Act to file a long form registration statement and which received gross contributions of more than $100,000 but not more than $500,000 during the most recently filed fiscal year of the organization, shall pay an annual registration fee of $150.00 a year with the annual filing unless a filing extension was granted pursuant to N.J.A.C. 13:48-3.1(c). A late fee of $25.00 shall be incurred by any organization that fails to submit a complete annual registration filing along with the applicable annual registration fee within 30 days of the annual filing deadline.

5. A charitable organization, which is required under the Act to file a long form registration statement and which received gross contributions of more than $500,000 during the most recently filed fiscal year of the organization, shall pay an annual registration fee of $250.00 a year with the annual filing unless a filing extension was granted pursuant to N.J.A.C. 13:48-3.1(c). A late fee of $25.00 shall be incurred by any organization that fails to submit a complete annual registration filing along with the applicable annual registration fee within 30 days of the annual filing deadline.

6. (No change.)

7. All fund raising counsel and independent paid fund raisers shall pay an annual registration fee of $250.00, payable upon initial registration and on July 1 of each renewal year thereafter. A partnership or corporation which offers either fund raising counsel or independent paid fund raiser services, or both types of services, shall pay a single annual registration fee, payable upon initial registration and on July 1 of each renewal year thereafter. Upon renewal of registration, failure to submit a complete annual registration filing along with the applicable fee within 30 calendar days of July 1 shall result in a late fee of $25.00.

8. In addition to the fee paid by independent paid fund raisers, a solicitor shall pay a registration fee of $15.00, payable upon initial registration and on July 1 of each renewal year thereafter. Upon renewal of registration, failure to submit a complete annual registration filing along with the applicable fee within 30 calendar days of July 1 shall result in a late fee of $25.00.

9.-13. (No change.)

14. The fees for photocopies of any public record maintained pursuant to the Act shall be in accordance with the "Open Public Records Act," N.J.S.A. 47:1A-1 et seq.

(b)-(d) (No change.)

<< NJ ADC 13:48-7.2 >>

13:48-7.2 Bond requirements for fund raising counsel and independent paid fund raisers

(a) A fund raising counsel or independent paid fund raiser who has or intends to have custody, control, or access to a charitable organization's money shall, at the time of making application for registration, file with the Attorney General a bond in which it shall be the principal obligor for the sum of $20,000 for the initial registration.

(b)-(g) (No change.)

<< NJ ADC 13:48-13.2 >>

13:48-13.2 Unlawful acts and practices; misconduct

(a) The following acts and practices are declared unlawful as applied to the planning, conduct, or execution of any solicitation or charitable sales promotion and shall be considered misconduct:

1.-6. (No change.)

7. To utilize information, statements or communication that, although literally true, are presented in a manner that has the capacity to mislead the average consumer;

Recodify existing 7.-11. as 8.-12. (No change in text.)



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