Rule Proposal

VOLUME 49, ISSUE 9
ISSUE DATE: MAY 1, 2017
RULE PROPOSALS

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
OFFICE OF THE DIRECTOR

Proposed Readoption with Amendments: N.J.A.C. 13:44D

Proposed New Rule:  N.J.A.C. 13:44D-4.5A

Public Movers and Warehousemen
 
Authorized By: Steve C. Lee, 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 2017-063.
 
Submit comments by June 30, 2017, to:
 
   Steve C. Lee, 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:
 
Summary

The Director of the Division of Consumer Affairs (the Director) proposes to readopt N.J.A.C. 13:44D with amendments. N.J.A.C. 13:44D was scheduled to expire on June 3, 2017, pursuant to N.J.S.A. 52:14B-5.1. As the notice of readoption was filed before the current [page=995] expiration date, pursuant to N.J.S.A. 52:14B-5.1.c(2), the expiration date is extended 180 days to November 30, 2017.

In compliance with Executive Order No. 66 (1978), the Director undertook a thorough review of the existing provisions of N.J.A.C. 13:44D. The Director believes that the rules proposed for readoption are necessary, reasonable, understandable, and responsive to the purpose for which they were originally promulgated. These rules have had an advantageous impact on the regulation and conduct of the practice of public moving and warehousing by enabling the Division of Consumer Affairs (Division) to have in place procedures that serve and protect the public's best interest. The following summarizes each subchapter in N.J.A.C. 13:44D and amendments proposed to the existing rules.

Subchapter 1 defines words and phrases used in the chapter. The Director proposes to amend the definition of "consumer," so that it will apply only to a person, not partnerships, corporations, companies, trusts, business entities, or associations. The definition of "order for service" is proposed for amendment to clarify that this document is required to be provided by a licensee. The definition of "tariff" is proposed for amendment to replace the term "Board" with "Director."

Subchapter 2 deals with applications for licensure and general requirements of a licensee. N.J.A.C. 13:44D-2.1 prohibits licensees from engaging in the business of public moving and/or storage unless the licensee owns or leases at least one moving vehicle. An applicant for licensure is required to submit specific information to the Director. Licensees are required to renew their licenses annually, to display the license in places of business, and to carry a copy of the license on each vehicle. Every vehicle must be labeled with the name of the licensee, the license number, and the name of the registered owner of the vehicle. Licensees are allowed to perform only those services for which they are licensed. The Director proposes to amend this rule to clarify language, recognize that a copy of a vehicle registration or signed lease need not be a photocopy, and to delete a provision that an application include a designation of agent. This designation is part of the written application and it is not necessary to repeat this requirement in the rule. The Director also proposes to amend the rule to remove a requirement that licensees display a decal issued by the Director on the driver's side door of each unit performing moving and/or storage services. As every moving vehicle must carry a copy of the license, the decal does not provide any additional information to consumers and it is unnecessary to require that both a decal be on, and a copy of the license be with, every moving vehicle.

N.J.A.C. 13:44D-2.2 sets forth the process and time frames within which a licensee must notify the Director of a change of address, business name, or telephone number. When a licensee changes a business name or address, vehicle signage must be updated. The rule also sets forth time frames for notifying the Director when there is a change in the ownership of a moving company. N.J.A.C. 13:44D-2.2 is proposed for readoption without change.

N.J.A.C. 13:44D-2.3 prohibits public movers and/or warehousemen from operating under a license unless the licensee's agent for service of process and the agent's address is on file with the Director. The Director proposes to amend this rule to clarify language and to recognize that an agent is designated on an application and not on a separate form. The proposed amendments delete a reference to changing a designated agent by following the requirements of subsections (a) and (c). The existing rule requires a licensee to notify the Director immediately upon a change of an agent. This provision is proposed for amendment to require this notice to be in writing within 30 days of the change.

N.J.A.C. 13:44D-2.4 sets forth fees that a licensee must pay for the initial license, renewal license, and copies of licenses and is proposed for readoption without change.

N.J.A.C. 13:44D-2.5 requires that all advertising by a licensee include the name of the licensee, the license number, and the New Jersey business address and phone number. The rule prohibits advertisements that are misleading as to the services a licensee can provide. A proposed amendment to the rule clarifies the language.

N.J.A.C. 13:44D-2.6 requires a licensee to maintain a permanent place of business in New Jersey where original business records are kept and where a representative of the business will be present for a minimum of 20 hours a week. This section also requires a licensee to post a notice that states the telephone number where a representative who will handle consumer inquiries can be reached and when a representative will be present on the premises. The Director proposes to amend this rule to clarify language and to reduce the hours a representative must be available to answer telephone inquiries from 35 hours a week to 20 hours a week.

N.J.A.C. 13:44D-2.7 prohibits licensees from using names that are misleading as to the services they can provide. N.J.A.C. 13:44D-2.8 provides for the disconnection of telephone service to unlicensed movers. Both N.J.A.C. 13:44D-2.7 and 2.8 are proposed for readoption without change.

Subchapter 3 requires that licensees file tariffs with the Director. The subchapter specifies the format and frequency with which the tariffs must be filed, and the rates, charges, classification ratings, terms, and conditions that must be part of the tariff filing. A licensee may not charge more than the amount specified in the tariff unless he or she is using a binding estimate. The Director proposes to amend this rule to clarify language and to lessen the formatting requirements for tariffs, so that they are not as unnecessarily burdensome. The proposed amendments also require that tariffs include definitions for any terms used, delete requirements that tariffs include a sample bill of lading and warehouse receipt, and allow the Director to review tariffs for inconsistencies or contradictory language and order amendments to a tariff due to such inconsistencies or contradictions. N.J.A.C. 13:44D-3.1(f) regarding auditing of bills of lading has been relocated as proposed new N.J.A.C. 13:44D-4.5A. This provision does not deal with tariffs and does not belong in N.J.A.C. 13:44D-3.1.

Subchapter 3A deals with licensees who provide moving and/or storage services for office goods. The rule provides exemptions to regulatory requirements for licensees when they provide moving and/or storage services for office goods and exemptions for businesses that limit themselves to providing services for office goods. Subchapter 3A is proposed for readoption without change.

Subchapter 4 covers the general responsibilities and duties of licensees. N.J.A.C. 13:44D-4.1 sets forth general requirements for the forms used by licensees when providing services. N.J.A.C. 13:44D-4.2 sets forth the documents that must be provided to consumers when a licensee provides moving services based on a non-binding estimate. The rule also details the information that must be included in a non-binding estimate and an order for service. N.J.A.C. 13:44D-4.3 dictates the manner in which a binding estimate shall be provided to consumers, sets forth the documents that must be provided to consumers when providing a move based on a binding estimate, and sets forth the information that must be included in a binding estimate and an order for service. N.J.A.C. 13:44D-4.3A is a reserved section.

N.J.A.C. 13:44D-4.4 sets forth the documents that must be provided to a consumer when a licensee provides warehousing services and the information that must be included in a warehouse receipt. N.J.A.C. 13:44D-4.5 allows licensees to use a combined order for service and estimate form. N.J.A.C. 13:44D-4.1 through 4.5 are proposed for readoption without change.

Proposed new N.J.A.C. 13:44D-4.5A addresses auditing of bills of lading. The provisions in this new rule are relocated from N.J.A.C. 13:44D-3.1(f).

N.J.A.C. 13:44D-4.6 details the legal liability of licensees. The rule allows licensees to contract to limit liability for damage to goods and provides a description of the circumstances under which this limitation is invalid. The lowest amount a licensee may limit liability is 60 cents per pound. The Director proposes to amend this rule to raise this amount to one dollar per pound.

N.J.A.C. 13:44D-4.7 details the requirements that licensees must meet in terms of securing, maintaining, and filing their insurance status with the Director. The rule requires licensees to obtain insurance that covers vehicles, cargo, storage facilities, and property held in storage. Licensees are required to provide for payment of obligations to injured employees. If a licensee uses the services of an owner/operator, insurance must cover the acts or omissions of the owner/operator. Licensees must furnish consumers with a certificate of insurance when the consumer has purchased additional insurance and are required to inform the Director when an insurance policy lapses, is revoked, or is [page=996] not renewed. The Director proposes to amend this rule to clarify language and to reflect that the minimum limit for liability has been raised from 60 cents per pound to one dollar per pound.

N.J.A.C. 13:44D-4.8 through 4.15 are proposed for readoption without change. N.J.A.C. 13:44D-4.8 deals with withholding shipments. A licensee is prohibited from withholding a shipment if the contract is based on a binding estimate and the consumer pays the amount of the binding estimate. A licensee is prohibited from withholding a shipment if the contract is based on a non-binding estimate and the mover does not disclose in the order for service that he or she may withhold a shipment for non-payment.

N.J.A.C. 13:44D-4.9 deals with subcontracting. A licensee may only subcontract to another licensee and only when he or she is unable to perform a move on the promised date and the consumer agrees to the subcontracting in writing. A licensee who subcontracts to another is responsible for the services provided by that other licensee.

N.J.A.C. 13:44D-4.10 permits a licensee to contract with an owner-operator to provide moving services to consumers. A licensee who uses an owner-operator is responsible to the consumer for any services rendered by the owner-operator and is required to provide consumers with a written notice that the licensee is using the services of an owner-operator. An owner-operator used by a public mover shall be added as an additional insured under the licensee's insurance policy and an owner-operator is required to maintain specific levels of insurance. A licensee who uses an owner-operator is required to maintain records regarding his or her relationship with the owner-operator.

N.J.A.C. 13:44D-4.11 sets forth actions that constitute occupational misconduct, such as intentional failure to book a moving vehicle of adequate size, tardiness, or failing to notify a consumer that promised services cannot be provided. N.J.A.C. 13:44D-4.12 requires that a licensee supply only such labor and equipment as is necessary to perform moving services. Any changes from the estimated cost of services form must be approved in writing, in advance, by the consumer.

N.J.A.C. 13:44D-4.13 provides standards for warehousing a consumer's goods. A licensee must provide a warehouse address to consumers. The rule further addresses situations involving self-storage facilities, advance notice for increases in fees, and a consumer's access to his or her possessions and goods. A licensee is prohibited from storing the goods of a consumer engaged in an intra-State move in an out-of-State warehouse. The rule also requires that a warehouse be in a building that meets all State and local building and fire codes.

N.J.A.C. 13:44D-4.14 prohibits a licensee from collecting any charges on a shipment that is either totally lost or destroyed. N.J.A.C. 13:44D-4.15 states that a licensee is liable for physical loss, destruction, or damage to any article of the consumer during transit or storage. The licensee is exempted from this liability in certain circumstances, such as when damages are caused by a consumer's negligence, a defect in the article, or an act of God. This section further states that the burden of proof to demonstrate an exception to liability rests with the licensee and that the licensee is not liable for any loss or damage that occurs after the property has been delivered to the consumer.

N.J.A.C. 13:44D-4.16 establishes the manner in which a consumer can file a claim for damages. The Director proposes to delete N.J.A.C. 13:44D-4.16(d), a provision that states that a consumer is liable for insurance premiums. This provision is adequately established in N.J.A.C. 13:44D-4.14 and it is unnecessary to repeat this provision in this rule.

N.J.A.C. 13:44D-4.17 outlines procedures that must be followed when a licensee performs a short-notice move or warehousing and is proposed for readoption without change.

Subchapter 5 is reserved.

The chapter appendix sets forth the content of the information brochure that licensees are required to provide to consumers. The Director proposes to amend the appendix to provide an updated website to contact the Office of Consumer Protection.

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 rules proposed for readoption with amendments will allow the Director to continue to enforce the beneficial consumer protection measures that resulted from the original promulgation of these rules. The rules will continue to regulate the professional conduct of public movers and warehousemen in New Jersey.

There are several sections that protect consumers, licensees, or both. N.J.A.C. 13:44D-4.6 allows licensees to limit their liability. N.J.A.C. 13:44D-4.15 lists the circumstances under which a licensee is not liable for lost, destroyed, or damaged articles of the shipper, such as when the damage was due to the negligence of the consumer or where the damage was due to a defect in the article.

The rules proposed for readoption with amendments protect consumers by providing them with adequate information and ensuring that the licensee is properly insured. N.J.A.C. 13:44D-2.3 requires every licensee to have an agent upon whom process may be served. This ensures that a licensee, or at least his or her agent, will be accessible for legal actions. N.J.A.C. 13:44D-2.6 requires a licensee to do several things to ensure that a representative of the company will be available to answer consumer questions. N.J.A.C. 13:44D-4.2, 4.3, and 4.4 require a licensee to issue to consumers a brochure informing the consumer of his or her rights, an estimate of the costs of the move, an order for services form, and a bill of lading or warehouse receipt. These documents ensure that the consumer will have the information that is relevant to the move. N.J.A.C. 13:44D-4.3 outlines the requirements of a binding estimate. When a licensee uses a binding estimate, it ensures that the consumer will know the charges for a move before it takes place while allowing licensees to set a fee that fairly reflects the intricacies of a move. N.J.A.C. 13:44D-4.9 allows a licensee to use a subcontractor only pursuant to the permission of the consumer. N.J.A.C. 13:44D-4.10 requires public movers to include an owner-operator as an additional covered insured on his or her insurance policy and requires owner-operators to carry their own insurance. This protects the public by ensuring that possible losses suffered during a move performed by an owner-operator are sufficiently covered by insurance. N.J.A.C. 13:44D-4.12 requires a licensee to use only the labor and equipment that is appropriate for a job. This ensures that consumers only pay for those services that they actually need. N.J.A.C. 13:44D-4.13 requires licensees to provide consumers with information regarding the warehouse where consumers' goods are stored. N.J.A.C. 13:44D-4.14 protects a consumer by providing that he or she will not pay any tariff charges for a shipment that is lost or destroyed.

N.J.A.C. 13:44D-4.11 and 4.16 serve to protect both the consumer and the licensee. N.J.A.C. 13:44D-4.11 identifies actions that constitute occupational misconduct. This apprises licensees of prohibited conduct and informs consumers of the actions by licensees that are unacceptable. N.J.A.C. 13:44D-4.16 protects both licensees and consumers as it sets out the procedures to follow when filing a claim for loss, damage, destruction, or overcharge. This not only informs the consumer how and when to file a claim but also protects licensees by limiting the time period within which a claim can be filed.
 
Economic Impact

Some of the rules proposed for readoption with amendments have an economic impact. N.J.A.C. 13:44D-2.4 sets forth the fees that the Director assesses for services rendered to licensees. The fee schedule has an economic impact on licensees and applicants for licensure by establishing fees that are necessary for the Director to fund the operation of regulating the moving and warehousing businesses.

Several rules proposed for readoption impose costs on licensees. N.J.A.C. 13:44D-2.1 requires licensees to own or lease at least one vehicle. This rule also requires applicants for licensure to submit a photocopy of all vehicle registrations to the Director and requires licensees to renew licensure every year. Any vehicle used for public moving must have the name and license number of the licensee and the name of the owner of the vehicle printed on it. N.J.A.C. 13:44D-2.2 requires a licensee, within 60 days of a change in the name of a business, to update vehicle signage and to notify the Director of the change. If there is a change in ownership in a moving company, a licensee must notify the Director within 30 days of the change. N.J.A.C. 13:44D-3.1, [page=997] which requires licensees to file a tariff, imposes the costs of preparing and printing these documents on licensees.

N.J.A.C. 13:44D-4.2, 4.3, and 4.4 require licensees to provide consumers with specific documents and forms when entering into a contract to provide moving or warehousing. When a licensee subcontracts a move, pursuant to N.J.A.C. 13:44D-4.9, or when a licensee uses an owner/operator pursuant to N.J.A.C. 13:44D-4.10, the licensee must provide the consumer with certain information in writing. N.J.A.C. 13:44D-4.16 requires licensees to provide consumers with claim forms when the consumer wants to make a claim for damages. The cost of preparing and providing these forms is borne by licensees.

Proposed amendments to N.J.A.C. 13:44D-4.6 will impose costs on licensees by increasing the amount a licensee may limit liability by forty cents per pound. N.J.A.C. 13:44D-4.7 imposes costs on licensees by setting out the minimum amount of insurance licensees must carry and by requiring licensees to provide workers' compensation insurance. N.J.A.C. 13:44D-4.17 requires licensees to maintain on file for three years documentary proof that the circumstances permitting a short-notice move have been met. The cost of maintaining this documentation is borne by licensees.
 
Federal Standards Statement

As the rules proposed for readoption with amendments apply solely to intra-State moves, a Federal standards analysis is not required because there are no Federal laws or standards applicable.
 
Jobs Impact

The Director does not anticipate that the rules proposed for readoption with amendments will result in the loss or gain of any jobs.
 
Agriculture Industry Impact

The Director does not anticipate that the rules proposed for readoption with amendments will have any impact on the agriculture industry of the State.
 
Regulatory Flexibility Analysis

Since 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 costs imposed on small businesses by the rules proposed for readoption with amendments are the same costs that are imposed on all licensees as outlined in the Economic Impact statement above. The Director does not believe that licensees will need to employ any professional services to comply with the rules proposed for readoption with amendments. The rules proposed for readoption with amendments will continue to impose compliance, reporting, and recordkeeping requirements as detailed in the Summary above.

As the compliance, reporting, and recordkeeping requirements of the rules proposed for readoption with amendments were originally promulgated to adequately regulate licensees and protect consumers who use their services, the Director believes that the rules must be uniformly applied to all licensees and no exemptions are provided based on size of the business.
 
Housing Affordability Impact Analysis

The rules proposed for readoption with amendments will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed rules concern the licensure and regulation of public movers and/or warehousemen.
 
Smart Growth Development Impact Analysis

The rules proposed for readoption with amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules 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 rules with amendments concern the licensure and regulation of public movers and/or warehousemen.
 
Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:44D.
 
Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 1.    DEFINITIONS
 
13:44D-1.1   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.
 
. . .
 
"Consumer" means the person[, partnership, corporation, company, trust, business entity or association] contracting with a public mover and/or warehouseman for moving and/or storage services.
 
. . .
 
"Order for Service" means the contract [which] that the consumer must receive[s] from a public mover and/or warehouseman at least 24 hours prior to the move.
 
. . .
 
"Tariff" means a schedule of rates and charges for the storage or transportation of property in intrastate commerce on file with the [Board] Director, which shall be used, except in the use of binding estimates by movers, in computing all charges on the storage or transportation of property as of the date of the time in storage or transportation.
 
. . .
 
SUBCHAPTER 2.    GENERAL LICENSE REQUIREMENTS
 
13:44D-2.1   License to engage in the business of public moving and/or storage
 
(a) (No change.)
 
(b) An applicant for licensure as a public mover and/or warehouseman shall submit to the Director:
 
1.-2. (No change.)
 
[3. A designation of agent pursuant to N.J.A.C. 13:44D-2.3;]
 
[4.] 3. (No change in text.)
 
[5.] 4. A [photocopy] copy of all vehicle registration(s) issued to the applicant by the New Jersey [Division of] Motor Vehicle[s] Commission or, in the case of vehicles subject to a long-term lease, a [photocopy] copy of the signed lease agreement.
 
(c)-(d) (No change.)
 
(e) The original license shall be prominently displayed by the public mover or warehouseman at [his] the principal place of business with copies displayed at all other such offices, warehouses, and/or facilities maintained by the licensee within this State.
 
(f) (No change.)
 
[(g) A decal issued by the Director indicating that the public mover and/or warehouseman is licensed in this State shall be displayed on the driver's side door of each power unit registered and performing intrastate moving and/or storage services.]
 
Recodify existing (h)-(j) as (g)-(i) (No change in text.)
 
13:44D-2.3   Designation of agent
 
(a) No public mover and/or warehouseman shall operate under a license [unless and] until [there] he or she has [been filed with the Director, on the "Designation of Agent" form, a designation of] designated an agent[,] and provided a street address and municipality upon [whom] which service of process, notices, and/or orders may be made pursuant to N.J.S.A. 45:14D-1 et seq.
 
(b) The designated agent shall be an individual, who is neither the owner, director, or principal of the company and who is a resident of the State of New Jersey. [Such designee may be changed by filing the specified form pursuant to (a) above and (c) below.]
 
(c) The Director shall be notified [immediately upon], in writing, within 30 days of a change of designated agent.
 
(d) (No change.)
 
13:44D-2.5   Advertising
 
(a) All advertising by licensees shall include the licensee's:
 
1.-2. (No change.)
 
3. Permanent place of business in New Jersey and a New Jersey telephone number.
 
(b)-(c) (No change.)
 
[page=998] 13:44D-2.6   Place of business
 
(a) (No change.)
 
(b) A licensee shall conspicuously post a notice on the premises of his or her permanent place of business that includes:
 
1. The telephone number of a representative available to handle consumer inquiries for a minimum of [35] 20 hours per week; and
 
2. (No change.)
 
(c) (No change.)
 
(d) For the purpose of this section, "conspicuously post[ed]" shall mean a placement location that will permit the average consumer to [readily] read the notice required [herein] in this section without having to enter the premises of the licensee's place of business.
 
SUBCHAPTER 3.    TARIFFS
 
13:44D-3.1   Tariffs
 
(a) (No change.)
 
(b) The tariff shall be filed with the Director no more often than on a semiannual basis, with the first filing to be received by the Director no later than April 1 and the second no later than October 1. Filings [made promptly and] accepted by the Director will become effective as of May 1 and November 1, respectively. If a mover chooses not to change his or her tariff at any given filing period, the previously filed tariff shall remain in effect. All tariffs shall conform to the following requirements:
 
1. Tariff[s] format shall be [printed on sheets of hard finish durable paper and] eight and one-half inches wide and [eleven] 11 inches long with [the left side pre-punched in the normal loose-leaf positions;] [2. There shall be] a one and one-half inch margin on the left-hand side;
 
[3. The tariff shall be of a loose-leaf style;]
 
[4.] 2. The printing shall be of a legible size not less than eight points and must [be of a permanent quality] use paper and ink;
 
[5. The printing shall be ink, typewritten or reproduced by a photographic process;
 
6. No officially filed sheets or other sheets to be submitted to the Director or used by the licensee shall contain any corrections or erasures;]
 
Recodify existing 7.-8. as 3.-4. (No change in text.)
 
(c) Each tariff shall consist of the following [minimums]:
 
1.-2. (No change.)
 
3. Each tariff shall contain [explanations, in plain concise language, of] a definition section for all term abbreviations, and reference marks [and how they relate to] used in the tariff;
 
4. Standard terms and conditions shall indicate in clear and concise language all services and privileges covered by the rates. These standard terms and conditions shall be a separate and distinct part of the tariff; and
 
5. Rate schedule shall include, but not be limited to, the following:
 
i.-ii. (No change.)
 
iii. The rates for each separate and distinct class of service rendered shall be filed as a separate schedule and shall begin on a separate sheet. The schedule of rates for each class of service shall have assigned to it a page or section number [to facilitate any reference to the schedule].
 
[6. The bill of lading regularly used by the public mover and/or warehousemen; and
 
7. The warehouse receipt regularly used by the warehouseman.]
 
(d) Corrections in the filed tariff shall only be permitted during the period between the filing date and the effective date and shall be subject to the written approval of the Director. The Director has the right to review any filed tariff with respect to any inconsistencies or unclear or contradictory language or terms and conditions and order the deletion or amendment of the same.
 
(e) (No change.)
 
[(f) All bills of lading employed in intrastate moves shall be audited by the licensee within seven days of the move's completion. Likewise, all bills employed in the permanent storage of any property shall be audited by the licensee within seven days of release of the goods or property.]
 
SUBCHAPTER 4.    GENERAL PROVISIONS
 
13:44D-4.5A   [(Reserved)] Auditing bill of lading
 
(a) A bill of lading shall be audited by a licensee within seven days of the completion of a move.
 
(b) A bill of lading employed in the storage of property shall be audited by a licensee within seven days of release of the property.
 
13:44D-4.6      Legal liability
 
(a) The public mover and/or warehouseman may, by contract with the consumer, limit liability for loss or damage to goods in storage or in transit. The minimum amount to which a public mover and/or warehouseman may limit liability is [$.60] $ 1.00 per pound per article.
 
(b)-(d) (No change.)
 
13:44D-4.7      Insurance
 
(a) (No change.)
 
(b) The minimum amounts of [insurance] coverage a public mover shall secure and maintain are:
 
1. Cargo liability coverage at the rate of [$.60] $ 1.00 per pound per article, which, at a minimum, covers:
 
i.-ii. (No change.)
 
2. (No change.)
 
(c) The minimum amounts of [insurance] coverage for warehousemen are:
 
1. Warehousemen liability coverage at the rate of [$.60] $ 1.00 per pound per article.
 
(d)-(j) (No change.)
 
13:44D-4.16    Claims procedures
 
(a)-(c) (No change.)
 
[(d) Where the claim involves the loss, damage or destruction of the entire shipment, the consumer is liable for only the insurance premiums agreed upon in accordance with N.J.A.C. 13:44D-4.14.]
 
[(e)] (d) (No change in text.)
 
(Agency Note: the text of the Appendix below appears with proposed new text in italicized boldface  thus; deletions in brackets [thus]; text showing in regular boldface thus is intended to be in the Code permanently as such):
 
APPENDIX
 
IMPORTANT NOTICE TO CONSUMERS USING PUBLIC MOVERS AND WAREHOUSEMEN
 
. . .
 
TARIFFS
 
. . .
 
Public Movers and Warehousemen are regulated by the Office of Consumer Protection, 124 Halsey Street, PO Box 45028, Newark, NJ 07101. If you have a question concerning the mover or warehouseman, or wish to lodge a complaint, please call 1 (973) 504-6200. You may also visit The Office of Consumer Protection's website at [www.state.nj.us/lps/ca/ocp.htm]  www.njconsumeraffairs.gov/pmw/Pages/default.aspx.