52 N.J.R. 868(a)

VOLUME 52, ISSUE 8, APRIL 20, 2020
RULE PROPOSALS

Reporter
52 N.J.R. 868(a)
NJ - New Jersey Register  >  2020  >  APRIL  >  APRIL 20, 2020  >  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 > OFFICE OF THE DIRECTOR


Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:44D-1.1, 4.1, 4.2, 4.3, 4.4, 4.6, 4.15, and 4.17


Text

Public Movers and Warehousemen--Video Estimates, Liability, and Brochures
Authorized By: Paul R. Rodriguez, Acting Director, Division of Consumer Affairs.
Authority: N.J.S.A. 45:14D-6.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2020-039.
Submit comments by June 19, 2020, to:
Paul R. Rodriguez, Acting Director
Division of Consumer Affairs
124 Halsey Street
PO Box 45027
Newark, New Jersey 07102
Or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx
The agency proposal follows:
[page=869] Summary
N.J.S.A. 45:14D-1 et seq., the Public Movers and Warehousemen Licensing Act (Act), requires licensed public movers and/or warehousemen to provide consumers with an information brochure from the Division of Consumer Affairs (Division). P.L. 2019, c. 216, revised the Act so that an information brochure can be provided to consumers either in written or digital form. The Director proposes to amend N.J.A.C. 13:44D to effectuate P.L. 2019, c. 216. The Director also proposes to allow licensed public movers to perform physical inspections through electronic means. In addition, the rulemaking would revise standards for exceptions to liability for damages to consumer's goods and allow for more short-notice moves by increasing the price limit for such moves.
More specifically, the Director proposes to amend N.J.A.C. 13:44D-1.1 to revise the definition for "brochure" to recognize that it may be provided either in printed or digital form. Proposed amendments to N.J.A.C. 13:44D-4.2, 4.3, 4.4, and 4.6 recognize that the brochure may be provided either in a printed version or through the Division's website, which has a digital version of the brochure. The Director also proposes to amend N.J.A.C. 13:44D-4.1 to remove a now-outdated provision that permitted licensed public movers and/or warehousemen to provide a previous version of the brochure until April 6, 2016.
N.J.A.C. 13:44D-4.2 and 4.3 require a licensed public mover to perform a physical inspection of a consumer's goods as part of a written estimate of costs for moving. The Director proposes to amend N.J.A.C. 13:44D-4.2 and 4.3 to allow a licensed public mover to perform an inspection of a consumer's goods either through a physical inspection or through electronic communications, which include a video component.
N.J.A.C. 13:44D-4.15 establishes that a licensed public mover and/or warehouseman is liable for damages to a consumer's goods that occurred during transit or storage. The rule sets forth exceptions to this liability, one of which is if the damage resulted from the consumer's action or negligence. This provision is overly broad, and the Director proposes to amend this provision, so that the exemption to liability would apply if damage to a consumer's goods occurred prior to the move. The Director proposes to amend N.J.A.C. 13:44D-4.15 to clarify language and to establish that a licensed public mover and/or warehouseman is liable for a consumer's goods whether those goods are packed by the public mover and/or warehouseman, the consumer, or a third-party. The proposed amendments also establish that a public mover and/or warehouseman has the authority to refuse to transport goods that he or she believes will sustain damages due to improper packing or if they are not packed at all.
N.J.A.C. 13:44D-4.17 prohibits a licensed public mover and/or warehouseman from performing a move on the same day a consumer contracts for the move. The rule provides exemptions to this prohibition on such short-notice moves. One of these exemptions is if the total cost of the move will not exceed $ 500.00. This amount is unduly low, and the Director proposes to amend N.J.A.C. 13:44D-4.17 so that a licensed public mover and/or warehouseman could perform a short-notice move if the total cost of the move will not exceed $ 1,000.
The Director has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
Social Impact
The Director believes that this rulemaking will benefit consumers as permitting the brochure to be provided digitally will make it easier for consumers to understand their rights as they prepare to move. Additionally, the ability to discuss the cost of the move through electronic communication with video should make it more convenient for consumers to obtain accurate price quotations.
Economic Impact
The proposed amendments will have a positive economic impact on licensed public movers and/or warehousemen as they will no longer be required to incur the cost of obtaining printed versions of the brochure. The proposed amendments will have a positive economic impact on licensed public movers who opt to use electronic communications with a video component. Such licensed public movers will not incur the costs of travelling to a consumer's residence to perform a physical survey. The proposed amendments may also have a positive economic impact by clarifying responsibility for packing, which could reduce later disputes between customers and licensed public movers and/or warehousemen.
Federal Standards Statement
As the rules proposed for amendment apply solely to intra-State moves, a Federal standards analysis is not required because there are no applicable Federal laws or standards.
Jobs Impact
The Director does not anticipate that the proposed amendments will result in the loss or gain of any jobs.
Agriculture Industry Impact
The Director does not anticipate that the proposed amendments will have any impact on the agriculture industry of the State.
Regulatory Flexibility Analysis
Since licensed public movers and/or warehousemen are individually licensed by the Division, they may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.
The proposed amendments will not impose any costs and licensed public movers and/or warehousemen will not need to employ any professional services to comply with the proposed amendments. The proposed amendments will not impose new reporting or recordkeeping requirements, but will impose compliance requirements as detailed in the Summary above.
As the compliance requirements will ensure that licensed public movers who perform inspections of consumer goods through electronic communications are using a video component to ensure the accuracy of the inspection, the Director believes that the rules must be uniformly applied to all licensed public movers and no exemptions are provided based on size of the business.
Housing Affordability Impact Analysis
The proposed amendments will have an insignificant impact on affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern information brochures provided to consumers by licensed public movers and/or warehousemen, estimates of moving costs, liability for damage to consumer's goods, and short-notice moves.
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments 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 amendments concern information brochures provided to consumers by licensed public movers and/or warehousemen, estimates of moving costs, liability for damage to consumer's goods, and short-notice moves.
Racial and Ethnic Community Criminal Justice and Public Safety Impact
The Director 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.
Regulations

Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

1. DEFINITIONS
2. Words and phrases defined

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
...
"Brochure" means [a printed,] an  informational booklet to be provided to each prospective consumer by the public mover and/or warehouseman,either in a printed or digital format.
...
[page=870] SUBCHAPTER 4. GENERAL PROVISIONS

1. Forms
2. (No change.)
3. Notwithstanding anything contained in this subchapter, a licensed public mover and/or warehouseman may use brochures that complied with the requirements of the chapter Appendix prior to April 6, 2015 until April 6, 2016.]

Recodify existing (e)-(i) as (d)-(h) (No change in text.)

1. Moving contract: non-binding estimate
2. Prior to entering into a contract to render services based on a non-binding estimate, every public mover shall issue the following to each consumer at least 24 hours prior to the date of the move:
3. [A] Either a printed version of the brochure entitled "Important Notice to Consumers Using Public Movers and Warehousemen," which is found at N.J.A.C. 13:44D Appendix and is incorporated herein by reference or a link to a digital version of the brochure on the Division of Consumer Affairs' website; and
4. A fully completed written estimate, entitled "Estimated Cost of Service for Moving or Warehousing -- Non-Binding," which meets the requirements of (b) below, rendered after [a physical] an  inspection of the premises and the goods to be moved by the public mover, performed either physically on-site or through electronic communications which include a video component. A public mover and/or warehouseman may employ an estimator to perform the [physical] inspection; however, no public mover and/or warehouseman shall employ an estimator who also represents any other public mover and/or warehouseman.
5. (No change.)
6. The public mover and the consumer shall enter into a contract at least 24 hours prior to the move by completing an order for service form. The order for service form, entitled "Order for Service with Non-Binding Estimate," shall include:
7. (No change.)
8. The following information:
9. (No change.)
10. The following statement, in boldface and at least 14 point font size: "Any estimate of charges previously furnished by the public mover is not a guarantee or representation that the actual charges will not be more or less than the amount of the estimate. The consumer acknowledges either  receipt of the printed brochure entitled 'Important Notice to Consumers Using Public Movers and Warehousemen' as ordered by the Director of the New Jersey Division of Consumer Affairs or receipt of a link to a digital version of the brochure on the Division of Consumer Affairs' website."; and
11. (No change.)

5.-10. (No change.)

1. (No change.)
2. Moving contract: binding estimate
3. A public mover who is offering a binding estimate shall furnish the binding estimate in writing to the consumer or other person responsible for payment of the charges for the mover's services. A binding estimate shall be furnished only after [a physical] an  inspection of the premises and the goods to be moved, performed either physically on-site or through electronic communications, which include a video component. The binding estimate shall be signed by the public mover and the consumer and a copy of the binding estimate shall be retained by the public mover and attached as an addendum to the bill of lading. A binding estimate shall clearly describe the property to be moved and all services to be provided.
4. Prior to contracting to provide services pursuant to a binding estimate, every public mover shall issue to the consumer, at least 24 hours prior to the date of the move:
5. [A] Either a printed version of the brochure entitled "Important Notice to Consumers Using Public Movers and Warehousemen," which is found at N.J.A.C. 13:44D Appendix or a link to a digital version of the brochure on the Division of Consumer Affairs' website;
6. (No change.)
7. The order for service required by (b)3 above shall contain:
8. (No change.)
9. The following information:
10. (No change.)
11. The following statement, in boldface and at least 14 point font size: "The consumer acknowledges either  receipt of the brochure entitled 'Important notice to Consumers Using Public Movers and Warehousemen,' as ordered by the Director of the New Jersey Division of Consumer Affairs or receipt of a link to a digital version of the brochure on the Division of Consumer Affairs' website."; and
12. (No change.)

5.-9. (No change.)

1. (No change.)
2. Warehousemen entering into a contract to provide services
3. Prior to entering into a contract to render services every warehouseman shall issue to each consumer:
4. [A] Either a printed version of the brochure entitled "Important Notice to Consumers Using Public Movers and Warehousemen" which is found at N.J.A.C. 13:44D Appendix or a link to a digital version of the brochure on the Division of Consumer Affairs' website;

2.-4. (No change.)

1. Legal liability
2. (No change.)
3. An order for service shall specifically state the public mover's and/or warehouseman's liability. Any limitation shall be null and void and the public mover and/or warehouseman shall be subject to full liability if any of the following occurs:
4. (No change.)
5. The public mover and/or warehouseman fails to provide the consumer with either a printed version of the brochure entitled "Important Notice to Consumers Using Public Movers[,]" or a link to a digital version of the brochure on the Division of Consumer Affairs' website, in accordance with N.J.A.C. 13:44D-4.2(a), 4.3(b) or 4.4(a);

3.-4. (No change.)

1. Liability for damage to consumer's goods
2. The public mover and/or warehouseman shall be liable for physical loss, destruction, or damage to any articles of the consumer during transit and/or storage, except when:
3. The damage [was caused by the consumer or was the result of the consumer's negligence] occurred prior to the move;

2.-5. (No change.)

1. Where the basis for [excusing] denying  the liability of any public mover and/or warehouseman is based upon any portion of (a) above, the burden shall rest with the public mover and/or warehouseman to [prove the truth of allegations] demonstrate the validity of the exception to the damage claim to the satisfaction of the Director unless the consumer, in a signed and notarized writing, agrees to the public mover's and/or warehouseman's claims.
2. (No change.)

(d)The public mover and/or warehouseman shall be liable for all goods contracted for transport whether packed by the public mover and/or warehouseman, the consumer, or a third party.

1. A public mover and/or warehouseman may refuse to contract to transport any good which the public mover and/or warehouseman believes is likely to sustain damage if improperly packed or not packed.
2. Short-notice move or warehousing
3. (No change.)
4. A public mover and/or warehouseman may only perform a short-notice move or warehousing if:
5. (No change.)
6. The total cost to the consumer of the move or warehousing, including tips or gratuities, will not exceed $[500.00] 1,000.
7. (No change.)
8. A public mover and/or warehouseman who performs a short-notice move shall obtain documentary proof that the consumer was evicted from the residence or office, had to move on account of a fire, had contracted with another mover for a move on that day, or that the cost of the move or warehousing did not exceed $[500.00] 1,000. The public mover and/or [page=871] warehouseman shall maintain this documentary evidence as part of his or her records for at least three years.