VOLUME 487, ISSUE 9
May 2, 2016 Rule Proposals
Law and Public Safety
Division of Consumer Affairs Public Movers and Warehousemen
Proposed Amendments: N.J.A.C. 13:44D-1.1 and 4.1
Public Movers and Warehousemen
Words and Phrases Defined; Forms
Authorized By: Steve C. Lee, 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 2016-065
Submit written comments by July 1, 2016, to:
Steve C. Lee, Acting Director
Division of Consumer Affairs
PO Box 45027
Newark, New Jersey 07101
The agency proposal follows:
Summary
The Division of Consumer Affairs (Division) has received questions from licensed public movers and/or warehousemen regarding the use of electronic documents. In order to clarify that licensees may complete the documents required by N.J.A.C. 13:44D-4.2, 4.3, and 4.4 in an electronic format, the Director of the Division proposes to amend N.J.A.C. 13:44D-4.1. The proposed amendments require that a licensee provide a consumer with a printed copy of any document completed in an electronic format and ensure that consumers electronically sign certain forms.
The Director also proposes to amend N.J.A.C. 13:44D-1.1 to include definitions for "storage" and "warehousemen." These definitions are taken from N.J.S.A. 45:14D-2.
[page=705] The Director has determined that the comment period for this notice of proposal will 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 does not anticipate that the proposed amendments will have any social impact.
Economic Impact
The Director does not anticipate that the proposed amendments will have any economic impact.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.
Jobs Impact
The Director does not believe that the proposed amendments will result in an increase or decrease of jobs in this State.
Agriculture Industry Impact
The Director does not believe that the proposed amendments will have any impact on the agriculture industry of this State.
Regulatory Flexibility Analysis
Since public movers and/or warehousemen are individually licensed, under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.
The proposed amendments will not impose any costs. The Director does not believe that licensed public movers and/or warehousemen will need to employ any professional services to comply with the requirements of the notice of proposal. The notice of proposal imposes no recordkeeping or reporting requirements, but imposes compliance requirements as detailed in the Summary above.
The proposed amendments protects consumers when licensed public movers and/or warehousemen use an electronic format to complete required documentation. As such, no differing compliance requirements are imposed upon any licensed public movers and/or warehousemen based upon their size.
Housing Affordability Impact Analysis
The proposed amendments will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the amendments would evoke a change in the average costs associated with housing because the proposed amendments concern electronic formats for moving documents.
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth development and there is an extreme unlikelihood that the 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 electronic formats for moving documents.
Full text of the proposal 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.
...
"Storage" means the safekeeping of property in a depository for compensation.
...
"Warehouseman" means a person engaged in the business of storage.
...
SUBCHAPTER 4. GENERAL PROVISIONS
13:44D-4.1 Forms
(a)-(e) (No change.)
(f) Any of the documents required by N.J.A.C. 13:44D-4.2, 4.3, or 4.4 may be completed and stored in an electronic format.
(g) A public mover and/or warehouseman who completes a document required by N.J.A.C. 13:44D-4.2(b) or (c), or 4.3(b) or (c), electronically pursuant to (f) above shall provide the consumer with a printout of the document at least 24 hours prior to the date of the move.
(h) A public mover and/or warehouseman who completes a document electronically pursuant to (f) above shall sign the document electronically and shall ensure that the consumer provides electronic signatures on documents required by N.J.A.C. 13:44D-4.2(c), 4.3(c), or 4.4(a)4.
(i) A warehouseman who completes a document required by N.J.A.C. 13:44D-4.4 electronically pursuant to (f) above shall provide the consumer with a printout of the document prior to rendering services. |
