55 N.J.R. 1814(a)

VOLUME 55, ISSUE 16, AUGUST 21, 2023
RULE PROPOSALS

Reporter
55 N.J.R. 1814(a)
NJ - New Jersey Register  >  2023  >  AUGUST  >  AUGUST 21, 2023  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement 

INTERESTED PERSONS 
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal. 
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of  N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register. 
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at      N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code. 
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > REGULATED BUSINESS SECTION

Administrative Code Citation


Proposed New Rules: N.J.A.C. 13:45B-12A      

Text

 Temporary Help Service Firms that Make Designated Classification Placements
Authorized By: Cari Fais, Acting Director, Division of Consumer Affairs.
Authority: P.L. 2023, c. 10.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2023-085.
Submit written comments by October 20, 2023, to:
Cari Fais
Acting Director
New Jersey Division of Consumer Affairs
124 Halsey Street
PO Box 45027
Newark, NJ 07101
or electronically at:
http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx
The agency proposal follows:
Summary
The Division of Consumer Affairs (Division) proposes new N.J.A.C. 13:45B-12A to implement P.L. 2023, c. 10, enacted on February 6, 2023, and codified at N.J.S.A. 34:8D-1 et seq. P.L. 2023, c. 10 regulates temporary help service firms that make "designated classification placements." It defines "designated classification placement" as "an assignment of a temporary laborer by a temporary help service firm to perform work in any of the following occupational categories as designated by the Bureau of Labor Statistics of the United States Department of Labor: 33-90000 Other Protective Service Workers; 35-0000 Food Preparation and Serving Related Occupations; 37-0000 Building and Grounds Cleaning and Maintenance Occupations; 39-0000 Personal Care and Service Occupations; 47-2060 Construction Laborers; 47-30000 Helpers, Construction Trades; 49-0000 Installation, Maintenance, and Repair Occupations; 51-0000 Production Occupations; 53-0000 Transportation and Material Moving Occupations; or any successor categories as the Bureau of Labor Statistics may designate." N.J.S.A. 34:8D-2.
Among other things, P.L. 2023, c. 10 prohibits any temporary help service firm "which is located, operates, or transacts business in this State" from making "designated classification placements unless it is certified by the director to do so ..." N.J.S.A. 34:8D-8.a. P.L. 2023, c. 10 further provides that "any person or entity that meets the definition of temporary help service firm and that makes designated classification placements ... shall obtain a certification ... and otherwise comply with the provisions of P.L. 2023, c. 10 ... regardless of whether the person or entity is licensed or registered as one or more of the entities identified in section 1 of P.L.1989, c. 331 (C.34:8-43)." N.J.S.A. 34:8D-8.g.
Consistent with P.L. 2023, c. 10, proposed N.J.A.C. 13:45B-12A.1 prohibits any person or entity that meets the definition of temporary help service firm and that is located, operates, or transacts business within this State from making any designated classification placements unless the person or entity is certified by the Director of the Division to do so in accordance with the proposed subchapter. In addition, N.J.A.C. 13:45B-12A.1 requires any person or entity that meets the definition of temporary [page=1815] help service firm and makes designated classification placements as those terms are defined at N.J.S.A. 34:8D-2, to obtain a certification pursuant to the proposed subchapter and otherwise comply with the provisions of section 8 of P.L. 2023, c. 10, regardless of whether the person or entity is licensed or registered as one or more of the entities identified in section 1 at P.L. 1989, c. 331 (N.J.S.A. 34:8-43). Lastly, to ensure compliance with the provisions of the proposed subchapter, N.J.A.C. 13:45B-12A.1 further states that any person or entity that meets the definition of temporary help service firm and that makes designated classification placements shall be subject to the provisions of section 12 at P.L. 2023, c. 10 (N.J.S.A. 34:8D-12), which authorize the Division to deny, suspend, revoke, or refuse to renew a certification to make designated classification placements.
Proposed N.J.A.C. 13:45B-12A.2 sets forth the fees the Division will charge for certifications.
As the Division has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
Social Impact
The Division believes the proposed new rules will have a positive social impact because they set forth certification fees that will enable temporary help service firms that make designated classification placements to obtain a certification to continue to operate in the State legally. The Division also expects that the requirement that temporary help service firms that make designated classification placements comply with the provisions of section 8 at P.L. 2023, c. 10, will protect the labor and employment rights of temporary laborers in the State.
Economic Impact
The proposed new rules impose certification fees on temporary help service firms that make designated classification placements. Additionally, temporary help service firms that make designated classification placements will incur costs to comply with P.L. 2023, c. 10's workers' compensation insurance coverage and bond maintenance requirements.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed new rules.
Jobs Impact
The Division does not believe that the proposed new rules will result in the creation or loss of jobs in the State.
Agriculture Industry Impact
The proposed new rules will have no impact on the agriculture industry in the State.
Regulatory Flexibility Anaylsis
Any entity that makes designated classification placements and that is a "business which is resident in this State, independently owned and operated and not dominant in its field, and which employs fewer than 100 full-time employees" constitutes a "small business" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (RFA). N.J.S.A. 52:14B-17.
As of June 30, 2023, there were approximately 1,480 entities registered or licensed in New Jersey and authorized to provide temporary help services. The Division does not possess the information necessary to determine which of these entities qualify as "small businesses" pursuant to the RFA. For instance, the Division does not require these businesses to disclose how many workers they employ on a full-time basis. Nor can the Division estimate how many of these businesses make designated classification placements. As designated classification placements were not a distinct category of temporary help services prior to the enactment of P.L. 2023, c. 10, the Division has never required businesses to disclose whether they make such placements. In addition, the Division has no way of estimating how many of these businesses will seek certifications to make designated classification placements.
However, to the extent entities authorized to provide temporary help services make designated classification placements and qualify as "small businesses" pursuant to the RFA, the following analysis applies pursuant to N.J.S.A. 52:14B-19.
The costs of compliance for small businesses are the same as those imposed on businesses generally and are described in the Summary and Economic Impact above. The proposed new rules impose certification and compliance requirements on temporary help service firms that make designated classification placements as described in the Summary above. P.L. 2023, c. 10, does not provide any differing requirements for small businesses; therefore, none can be provided in this rulemaking.
Housing Affordability Impact Analysis
The proposed new rules will have an insignificant impact on the affordability of housing in New Jersey, and there is an extreme unlikelihood that the rulemaking would evoke a change in the average costs associated with housing because the proposed new rules concern certification and compliance requirements for temporary help service firms that make designated classification placements.
Smart Growth Development Impact Analysis
The proposed new rules will have an insignificant impact on smart growth, and there is an extreme unlikelihood that the rulemaking would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed new rules concern certification and compliance requirements for temporary help service firms that make designated classification placements.
Racial and Ethnic Community Criminal Justice and Public Safety Impact
The Division has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.
Full text of the proposed new rules follows:
SUBCHAPTER 12A. TEMPORARY HELP SERVICE FIRMS THAT MAKE DESIGNATED CLASSIFICATION PLACEMENTS
13:45B-12A.1 Certification required
(a) Any person or entity that meets the definition of temporary help service firm and that makes designated classification placements as those terms are defined in section 2 at P.L. 2023, c. 10 (N.J.S.A. 34:8D-2), and that is located, operates, or transacts business in this State shall not make any designated classification placements in this State, unless the person or entity is certified by the Director of the Division of Consumer Affairs to do so in accordance with this subchapter.
(b) Any person or entity that meets the definition of temporary help service firm and that makes designated classification placements as those terms are defined in section 2 at P.L. 2023, c. 10 (N.J.S.A. 34:8D-2), shall obtain a certification pursuant to this subchapter and otherwise comply with the provisions of section 8 at P.L. 2023, c. 10 (N.J.S.A. 34:8D-8), regardless of whether the person or entity is licensed or registered as one or more of the entities identified in section 1 at P.L. 1989, c. 331 (N.J.S.A. 34:8-43).
(c) Any person or entity that meets the definition of temporary help service firm and that makes designated classification placements as those terms are defined in section 2 at P.L. 2023, c. 10 (N.J.S.A. 34:8D-2), shall be subject to the provisions of section 12 at P.L. 2023, c. 10 (N.J.S.A. 34:8D-12).
13:45B-12A.2 Fees
(a) The Division shall charge the following non-refundable temporary help service certification fees:
1. Annual certification, primary location ................................ $ 250.00;
2. Annual certification, secondary location ............................. $ 250.00;
3. Late fee ................................................................................. $ 25.00 (for each 30-day period or portion thereof that the application is late).