NEW JERSEY AUTO BODY REPAIR REGULATIONS

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Introduction

This page provides the language of the New Jersey Auto Body Repair Regulations – New Jersey regulations regulating auto body repairs.

13:21-21.1 Purpose

(a) N.J.S.A. 39:13-1 et seq. provides for the licensure and regulation of auto body repair facilities by the Chief Administrator of the Motor Vehicle Commission. The purposes of this subchapter are to:

1. Establish a system for the licensure of auto body repair facilities; and

2. Establish standards and procedures necessary to protect the public from dishonest, deceptive, and fraudulent practices in the repair of motor vehicles damaged by collision and to eliminate or exclude from licensing those persons who engage in such practices or who otherwise demonstrate unfitness.

13:21-21.2 Scope; license classe

(a) This subchapter shall apply to every person engaged in the business of an auto body repair facility.

(b) No person shall, on or after the operative date of this subchapter, engage in the business of an auto body repair facility unless licensed by the Chief Administrator in accordance with the provisions of this subchapter.

(c) Auto body repair facilities shall be licensed in the following classes:

1. A full service license in accordance with the provisions of N.J.S.A. 39:13-2.1a;

2. A limited full service license in accordance with the provisions of N.J.S.A. 39:13-2.1b; and

3. A new automobile dealer sublet license in accordance with the provisions of N.J.S.A. 39:13-2.2.

(d) In addition to the license classes in (c) above, an auto body repair facility that performs auto body repair to vehicles with a gross vehicle weight of 14,000 pounds or more will also qualify for a heavy duty vehicle endorsement.

13:21-21.3 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Advertising" means any printed or published materials, including but not limited to direct mail, circulars, leaflets, pamphlets, newspapers, magazines, billboards, yellow pages of any telephone directory, radio and/or television broadcasts, and any other advertising medium of communication used to induce the public to seek the services of the auto body repair facility. The term "advertising" shall not include printed or published materials appearing in the white pages of any telephone directory.

"Applicant" means any person applying under the provisions of this subchapter for an initial license to engage in the business of an auto body repair facility or to renew an existing license. In the case of a partnership or corporation applying for a license, the term "applicant" shall respectively include all partners and/or officers and directors.

"Auto body repair facility" means any person who for compensation or as part of a business or commercial activity engages in the business of repairing, removing, installing or painting integral component parts of a chassis or body of a motor vehicle damaged as a result of a collision. For the purpose of this subchapter, the following are not deemed to be an auto body repair facility and are not required to be licensed:

1. Any employee of an auto body repair facility who engages in the business of repairing motor vehicles solely by reason of his or her employment;

2. Any person who is solely engaged in the business of repairing motor vehicles owned or leased by a single commercial or industrial establishment;

3. Any person whose activities consist solely of fueling, changing oil, water, batteries or tires, replacing fan belts, air filters or oil filters, installing windshield wiper blades, light bulbs, communication equipment, or such other minor repair and servicing functions;

4. Any person who solely examines motor vehicles to determine the cause or location of malfunctions. No such person shall prepare an estimate and/or repair any motor vehicle damaged as a result of a collision;

5. Any person or business that solely performs four wheel alignment, air conditioning services, window glazing, mechanical repairs and/or structural (frame machine) repairs pursuant to a subcontracting agreement with a properly licensed full or limited service auto body facility. All such subcontracting agreements must be filed with the New Jersey Motor Vehicle Commission; or

6. Any person or business that solely performs restoration services for motor vehicles that have not otherwise been damaged as a result of a collision.

"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.

"Collision" means any damage caused to a motor vehicle as a direct result of a motor vehicle accident, or any damage caused by missiles, falling objects, fire, theft, larceny, windstorm, hail, earthquake, explosion, riot or civil commotion, malicious mischief, vandalism, water, flood, lightning, external discharge or leakage of water, smoke or colliding with a bird, animal or stationary object.

"Commission" means the New Jersey Motor Vehicle Commission.

"Controlling interest" means possession of the power to direct or cause direction of the management and policies of an auto body repair facility, whether through the ownership of voting securities or otherwise. The Chief Administrator will presume that control in fact exists if any person or entity directly or indirectly owns, controls, holds the power to vote, or holds proxies representing 10 percent or more of the voting securities of any auto body repair facility. This presumption may be rebutted by showing that control does not in fact exist. The Chief Administrator may determine control in fact exists, notwithstanding the presence or absence of a presumption to that effect.

"Customer" means the owner of record with the Commission or, when titled in another state, with that state's equivalent agency, of the motor vehicle or any lessee, family member, employee, or any other person whose use of the motor vehicle is authorized by such owner of record.

"Engaged in the business" means:

1. Any person who for compensation or as part of a business or commercial activity repairs, removes, or installs integral component parts on more than four motor vehicles damaged as a result of a collision during any calendar year;

2. Any person who for compensation subcontracts, or has any type of business arrangement, with an auto body repair facility or other person to repair more than four motor vehicles damaged as a result of a collision during any calendar year;

3. Any person who is compensated by an auto body repair facility or other person to prepare estimates to be used by an auto body repair facility or other person to repair more than four motor vehicles damaged as a result of a collision during any calendar year; or

4. Any person who for compensation negotiates, in any manner, claims with any insurer or customer to repair more than four motor vehicles damaged as a result of a collision during any calendar year.

"Estimate" means any written determination prepared by an auto body repair facility of the approximate cost of the parts and labor needed to perform the requested repair services.

"Integral component part" means those major motor vehicle component parts as defined in N.J.S.A. 39:10B-1(b) and also includes the hood and trunk.

"Motor vehicle" means a vehicle as defined in N.J.S.A. 39:1-1 and which is required to be registered with the Motor Vehicle Commission.

"OEM" means original equipment manufacturer and shall refer to any part bearing the trademark of the original equipment manufacturer.

"Person" means any natural person, business, company, firm, partnership, association, corporation or any other entity.

"Place of business" means the address or location where the services of the auto body repair facility are offered or ordinarily performed.

"Suspension, revocation or refusal to grant or renew" means administrative action by the Chief Administrator, in accordance with the provisions of this subchapter, to refuse to grant or renew an auto body repair facility license or to suspend or revoke an existing license.

13:21-21.4 Initial application for a license

(a) Any person seeking to engage in the business of an auto body repair facility shall apply, in accordance with the provisions of this subchapter, to the Chief Administrator for a license authorizing him or her to engage in such business. An application for an auto body repair facility license may be obtained from the Auto Body Repair Facility Licensing Section of the Commission. The address of the Auto Body Repair Facility Licensing Section is:

Motor Vehicle Commission
Business License Services Bureau
Auto Body Repair Facility Licensing Section
225 East State Street
PO Box 172
Trenton, New Jersey

(b) Each applicant for an auto body repair facility license shall file with the Chief Administrator, in such form and detail as may be required by the Chief Administrator, an application setting forth the following:

1. The name, place of business and telephone number of the auto body repair facility;

2. The name, business and residence address(es) and telephone number(s) of:

i. The owner and/or possessor of a controlling interest of the facility, in the case of a sole proprietorship;

ii. Each partner, in the case of a partnership; or

iii. Each officer, director and possessor of a controlling interest, in the case of a corporation.

3. The business in which the applicant has been engaged for the five years preceding the date of application, and if employed, the names and addresses of the employers;

4. Whether the applicant has ever been convicted of a crime, disorderly persons or petty disorderly persons offense;

5. Whether the applicant has ever been denied, or had suspended or revoked, a license or registration to engage in any business, profession or occupation licensed or registered under the laws of any state; and

6. Whether the applicant has any interest in any other auto body repair facility.

(c) Each initial application for an auto body repair facility license shall be accompanied by the following:

1. In the case of an applicant for a full service license in accordance with N.J.S.A. 39:13-2.1a, proof that the applicant meets the requirements of N.J.S.A. 39:13-2.1a(1) through (12), inclusive;

2. In the case of an applicant for a limited full service license in accordance with N.J.S.A. 39:13-2.1b, proof that the applicant meets the requirements of N.J.S.A. 39:13-2.1b;

3. In the case of an applicant for an automobile dealer sublet license in accordance with N.J.S.A. 39:13-2.2, proof that the applicant meets the requirements of N.J.S.A. 39:13-2.2;

4. In the case of an applicant for any class of auto body repair facility license, the New Jersey Unemployment Registration Number; and

5. In the case of an applicant for any class of auto body repair facility license, the corporation code, if one has been issued by the Commission.

(d) Each initial application for an auto body repair facility license shall be accompanied by a color photograph and proof of compliance with the fingerprinting process for each natural person required to be listed on the application by this section.

1. Fingerprints required by this section shall be collected and submitted through a live-scan process that shall be coordinated under agreement with a private vendor. Applicants shall be required to pay by credit card or money order, the State contracted vendor performing the live-scan fingerprinting.

(e) Each initial application for an auto body repair facility license shall be accompanied by the applicable fees as specified in N.J.A.C. 13:21-21.6.

(f) If there are multiple locations for an auto body repair facility, then a separate application, accompanying documents, and application fee as specified in N.J.A.C. 13:21-21.6 shall be submitted for each such place of business.

(g) Upon preliminary approval of each initial license application, a license shall be issued to the auto body repair facility. Each initial license issued to an auto body repair facility on or after October 1, 1984 shall continue in force and effect until September 30 of every other year, unless such license is suspended or revoked by the Chief Administrator. If there are multiple places of business for an auto body repair facility, then a separate license shall be issued for each such place of business.

13:21-21.5 Applicant qualifications

(a) Each applicant shall, in the discretion of the Chief Administrator, be a proper person to hold an auto body repair facility license.

1. In assessing whether an applicant is a proper person, the Chief Administrator may consider the character, responsibility, business history, and criminal record of the individual applicant, if the applicant is a natural person; of the individual partners, if the applicant is a partnership; or of the officers, directors and/or persons possessing a controlling interest, if the applicant is a corporation; or anyone else employed by, or otherwise associated in business with, the applicant.

(b) Each applicant must have the legal capacity to contract, to be sued and to be liable for all debts.

(c) No applicant shall be entitled to licensure who is under 18 years of age.

(d) Each applicant shall certify that to the best of the applicant's knowledge that the auto body repair facility for which licensure is sought meets the licensing requirements of N.J.S.A. 39:13-2.1a(1) through (12), N.J.S.A. 39:13-2.1b, or N.J.S.A. 39:13-2.2, whichever is applicable.

13:21-21.6 Application and license fees

(a) Every application for an auto body repair facility license shall be accompanied by a nonrefundable application fee of $20.00 payable to the Commission.

(b) Every application for an auto body repair facility license shall be accompanied by a license fee of $350.00 payable to the Commission. Such license fee shall only be returned to the applicant in the event that the Chief Administrator refuses to grant or renew an auto body repair facility license to the applicant. Such license fee, or any portion thereof, shall not be refunded to the licensee in the event that the auto body repair facility license is suspended or revoked pursuant to N.J.S.A. 39:13-1 et seq. or this subchapter.

13:21-21.7 License renewals

(a) Every licensee, no later than 30 days before the expiration of the current auto body repair facility license, shall submit to the Chief Administrator an application to renew its auto body repair license provided that such licensee is not prohibited from applying for an auto body repair facility license as specified in N.J.A.C. 13:21-21.21. An application to renew an auto body repair facility license may be obtained from the Auto Body Repair Facility Licensing Section of the Commission at the address specified in N.J.A.C. 13:21-21.4(a).

(b) Each application to renew an auto body repair facility license shall be accompanied by the applicable fees specified in N.J.A.C. 13:21-21.6.

(c) Each application to renew an auto body repair facility license shall be accompanied by the information specified in N.J.A.C. 13:21-21.4(c)1, 2, or 3, whichever is applicable, and N.J.A.C. 13:21-21.4(c)4 and 5.

(d) Upon approval of each renewal application, a license shall be issued to the auto body repair facility. Every license issued to an auto body repair facility pursuant to this paragraph on or after October 1, 1984 shall continue in force and effect until September 30 of every other year, unless such license is suspended or revoked by the Chief Administrator.

13:21-21.8 Surrender of license

(a) Each auto body repair facility license, although issued and delivered to a licensee, shall at all times be the property of the State of New Jersey.

(b) Upon any suspension, revocation, refusal to renew or other termination of an auto body repair facility license, the license shall no longer be in force and effect and the license shall, within one business day, be surrendered to the Auto Body Repair Facility Licensing Section of the Commission at the address specified in N.J.A.C. 13:21-21.4(a). Failure to surrender such license within one business day shall result in administrative action pursuant to this subchapter.

13:21-21.9 Responsibility of licensees

(a) In the case of a sole proprietorship, the owner and/or possessor of a controlling interest in the auto body repair facility shall be responsible to the Chief Administrator for the conduct of the business of the facility and for all actions performed by its employees in connection with the business of the facility concerning violations of N.J.S.A. 39:13-1 et seq. and this subchapter.

(b) In the case of a partnership or corporation, each partner, or corporate officer and/or director, or any person or entity possessing a controlling interest, as the case may be, shall be held individually responsible to the Chief Administrator for the conduct of the business of the facility and for all actions performed by its employees in connection with the business of the facility concerning violations of N.J.S.A. 39:13-1 et seq. and this subchapt

13:21-21.10 Estimates and repairs

(a) Every licensed auto body repair facility shall provide a written estimate to any customer seeking its services, provided that the auto body repair facility is willing and able to perform the requested repair services.

(b) Each written estimate shall bear the name of the auto body repair facility and its license number.

(c) Each written estimate shall be signed by the person preparing such estimate.

(d) Each written estimate shall contain the following information:

1. The customer's name;

2. The date of the estimate;

3. A list of parts necessary for each repair, together with the costs for those parts, indicating any parts which are not new parts;

4. The labor charge for each repair, together with the total labor charge; or the total number of hours estimated to perform all the requested repairs, together with the hourly labor rate charged by the auto body repair facility;

5. A description of the motor vehicle;

6. An approximate or estimated date of delivery, if any such date is given;

7. The terms and limit of any guarantee for the repair work performed; and

8. The odometer reading at the time of the requested repair.

(e) Each written estimate shall include a statement or statements informing the customer of his or her right to receive replaced parts, and indicating that the customer's signature or initials on the following line shall mean that the customer waives his or her right to receive such replaced parts and that no signature on this line shall mean that the customer exercises his or her right to receive such replaced parts. A signature line shall be provided immediately below this statement.

1. The customer's signature or initials on this line shall mean that the customer waives his or her right to receive such replaced parts. No signature or initials on this line shall be deemed to mean that the customer exercises the right to receive such replaced parts.

2. The auto body repair facility may charge a reasonable storage and removal fee to any customer who requests the replaced parts and who subsequently fails to take such replaced parts, either after paying for the repair work or picking up his or her repaired motor vehicle, whichever occurs first.

3. If a storage and removal fee is charged by the auto body repair facility, such fee shall be disclosed, in writing, to the customer at the time the customer exercises his or her right to receive the replaced parts.

4. The auto body repair facility shall not be liable to the customer in those instances where the customer fails to take the replaced parts after paying for the repair work or picking up his or her repaired motor vehicle.

(f) Each written estimate shall include a statement informing the customer or insurer of their right to inspect the repaired motor vehicle before paying for the repair work.

(g) Any estimate and/or repair work prepared or performed by a subcontractor shall be deemed to be work performed under the direction of the licensee. The licensee shall be accountable to the Chief Administrator for all such work subcontracted to others.

(h) An auto body repair facility may charge a reasonable fee for making a written estimate. If a fee is charged for making a written estimate, then the auto body repair facility must disclose, in writing, the amount of the fee to the customer before the written estimate is prepared.

(i) An auto body repair facility may charge a hazardous waste disposal fee. If such a fee is charged, then the auto body repair facility must disclose such fee on the estimate.

(j) In the case of a customer requesting repair services for a vintage vehicle, for which a written estimate would be impracticable or impossible, the licensed auto body repair facility shall provide notification and documentation advising the customer that the requested repairs will be furnished on a time and materials basis and shall obtain from the customer a written estimate waiver.

1. The term "vintage vehicle" as used in this subsection shall mean any vehicle which, due to its manufactured age, will require a lengthy process in order to obtain replacement parts because such replacement parts are not readily available in any current auto body reference book or computer reference software.

13:21-21.11 Authorization for repairs

(a) An auto body repair facility shall not commence any repair work, including the ordering of parts, on a customer's motor vehicle unless the facility has obtained:

1. Specific written authorization from the customer to proceed with the requested repair services; or

2. If the customer's motor vehicle is presented to the auto body repair facility during other than normal business hours or by one other than the customer, oral authorization from the customer to proceed with the requested repair services. In the case of an oral authorization, the estimate shall contain a notation of the date, time, telephone number, if any, and the name of the customer granting such authorization. A copy of the estimate that contains these notations shall be given to the customer.

(b) An auto body repair facility shall not commence any additional repair work, including the ordering of additional parts, on a customer's motor vehicle that exceeds any estimate given, including the price, list of parts and labor charge, unless the facility obtains the authorization of the customer to proceed with the additional repair services.

(c) In the case of an oral authorization, the original estimate or any additional estimate prepared shall contain a notation of the date, time, telephone number, if any, and name of the customer granting such authorization. A copy of the estimate which contains these notations shall be given to the customer.

(d) Customers or insurers may test drive the repaired motor vehicle before paying for the repair work, provided that the repairs made by the auto body repair facility are directly related to the operation of the motor vehicle and further provided that such repaired motor vehicle may be safely operated on the highways of this State.

13:21-21.12 Notice and recordkeeping requirements

(a) Each licensee shall display an outdoor sign which shall read: "Registered: State of New Jersey—Licensed Auto Body Repair Facility" and display the license number of the auto body repair facility. The sign must contain letters at least two inches high with a stroke of approximately one-half inch and visible from the road and located in a conspicuous location for the general public to see. In the event zoning ordinances prohibit the posting of this sign or such posting is otherwise impractical, the licensee shall place such sign on the exterior of the auto body repair facility.

(b) Every license issued in accordance with this subchapter shall be prominently displayed in the office, waiting area, or other conspicuous location at the auto body repair facility that is accessible to the public.

(c) Every licensed auto body repair facility shall post in a conspicuous location accessible to the public a "Notice to Consumers" concerning violations of N.J.S.A. 39:13-1 et seq. and the fact that customers or insurers have a right to inspect the repaired motor vehicle before paying for the repair work. The Notice shall be prescribed and furnished by the Commission.

(d) Every licensed auto body repair facility shall maintain copies of all estimates, work orders, invoices, parts purchase orders, appraisals and/or other documents prepared by that facility on repair work performed by that facility or by subcontractors.

1. Such copies shall be kept for two years, and shall be available for inspection by the Chief Administrator, or any person designated by him or her, during normal business hours.

2. Failure to permit such inspection shall subject the licensee to administrative action pursuant to this subchapter.

(e) Every auto body repair facility shall, upon request of the Chief Administrator or any person designated by him or her, provide the Chief Administrator or his or her designee with a list of its employees in such form and detail as may be required by the Chief Administrator or his or her designee. Failure to provide such list when requested shall subject the licensee to administrative action pursuant to this subchapter.

(f) The licensee shall notify the Chief Administrator, in writing, within 30 days of any change in address of the auto body repair facility or of any change in address of persons or entities required to be listed on the application by N.J.A.C. 13:21-21.4.

(g) The licensee shall notify the Chief Administrator, in writing, within 10 days whenever any person or entity required to be listed on the application by N.J.A.C. 13:21-21.4 is no longer associated with the auto body repair facility.

(h) All written notifications required by this subchapter shall be made by either personal delivery or sent by certified mail to the Auto Body Repair Facility Licensing Section of the Commission at the address specified in N.J.A.C. 13:21-21.4(a).

(i) An amended application shall be filed by the licensee with the Chief Administrator when there is a substitution and/or addition of persons or entities required to be listed on the application by N.J.A.C. 13:21-21.4, and shall meet the requirements of N.J.A.C. 13:21-21.6(a) and 21.4(d).

(j) Any process issued to a licensee pursuant to the statutory authority of the Chief Administrator, including, but not limited to, subpoenas, orders, and orders to show cause, may be served upon a licensee or counsel of record, by sending said process by certified mail, or ordinary mail, to the business address of the auto body repair facility or to counsel's address on record with the Commission.

13:21-21.13 Advertising

(a) Any advertising used by the auto body repair facility in any printed or published material shall contain and prominently display the license number of the facility.

(b) Any advertising used by the auto body repair facility in any radio broadcast shall disclose that the facility is licensed by the State of New Jersey.

(c) Any advertising used by the auto body repair facility in any television broadcast shall disclose and prominently display the license number of the facility at the end of such broadcast.

13:21-21.14 Storage rates

Every auto body repair facility that charges a fee to store a motor vehicle on its premises shall disclose in writing, as soon as practicable, the amount of such storage charge to the customer on a per diem basis. Written notice of such storage charges shall be included in the repair authorization

13:21-21.15 Additional violations

(a) In addition to any violation of N.J.S.A. 39:13-1 et seq., the Chief Administrator may impose a civil penalty, refuse to issue a license or a renewal thereof, or suspend or revoke the existing license of any auto body repair facility if he or she determines that the applicant or licensee:

1. Has made a false statement or concealed a fact in connection with the application for a license or a renewal thereof;

2. Is not the owner of, or possessor of a controlling interest in, the auto body repair facility;

3. Has been found to have violated or conducted fraudulent or deceptive practices concerning the repair of motor vehicles in violation of N.J.S.A. 56:8-1 et seq. or N.J.A.C. 13:45A-26C;

4. Has a criminal record that is disqualifying. A disqualifying criminal record shall include, but is not limited to, bond forfeitures, pleas of nolo contendere or convictions of crimes, disorderly persons or petty disorderly persons offenses as defined in the "New Jersey Code of Criminal Justice" and any other offenses as defined by the laws of New Jersey, such as:

i. Any crime or offense involving the manufacture, transportation, possession, sale or use of a controlled dangerous substance as defined in the "New Jersey Controlled Substance Act", N.J.S.A. 24:21-1 et seq.;

ii. Any crime or offense involving the use of force or the threat of force to or upon a person or property, such as armed robbery, assault, battery or arson;

iii. Any crime or offense involving the taking or misappropriation of property of another person, such as theft, burglary, fraud, larceny or embezzlement;

iv. Any crime or offense indicative of bad moral character or not being a proper person for the purposes of being licensed in accordance with this subchapter; or

v. Any crime or offense which, in the discretion of the Chief Administrator, would relate adversely to the operation of the business of an auto body repair facility.

5. Demonstrates a pattern of conduct whereby repairs made by the auto body repair facility were not made in a workmanlike manner;

6. Issues a check in payment of any fees required by this subchapter which is subsequently dishonored;

7. Has failed to comply with any of the provisions of this subchapter;

8. Fails to maintain an approved place of business in accordance with N.J.S.A. 39:13-2.1a(1); and

9. Fails to pay any fee required by law or regulation; or

10. For other good cause.

13:21-21.16 Additional penalties

(a) Where, pursuant to N.J.S.A. 39:13-1 et seq. or any regulation adopted thereunder, the Chief Administrator has the authority to suspend, revoke or refuse to grant or renew the license of an auto body repair facility, or issue a cease and desist order, the Chief Administrator shall also have the authority to impose, as an alternative or in addition to such suspension, revocation or refusal to grant or renew, or cease and desist order, an official warning and/or a civil penalty of not more than $5,000 for the first offense and not more than $20,000 for each subsequent offense.

(b) A civil penalty in the amount of $20,000 per day shall be imposed on any person or auto body repair facility who continues to operate as an auto body repair facility without the appropriate license or in violation of a cease and desist order, or who continues to operate after its license has been suspended or revoked or after its application for an auto body repair facility license has been refused by the Chief Administrator pursuant to N.J.S.A. 39:13-1 et seq. or any regulation adopted thereunder.

13:21-21.17 Investigations

(a) The Chief Administrator shall, on his or her own initiative or in response to complaints, investigate on a continuous basis and gather evidence of violations of N.J.S.A. 39:13-1 et seq., or any regulation adopted thereunder, by any auto body repair facility.

1. In the case of an investigation of an alleged violation of N.J.S.A. 39:13-2b, the Chief Administrator shall consider, among others, the following factors in determining whether a facility is operating as an auto body repair facility:

i. The presence at a facility of a collision damaged motor vehicle that is in the process of being repaired;

ii. The presence at a facility of auto paint or refinishing materials and spray equipment that can apply such materials; and

iii. The presence of other materials used in the collision repair process.

(b) The Chief Administrator, or any person designated by him or her, shall have the power to conduct investigations, administer oaths, interrogate licensees, issues subpoenas, summonses and/or complaints and compel witnesses to appear at any hearing.

(c) Except as set forth in N.J.A.C. 13:21-21.12(j), subpoenas shall be served in the same manner, and witnesses shall be entitled to the same fees, as in the case of subpoenas issued out of the Superior Court of New Jersey.

(d) In case of a failure of any person to comply with any subpoena issued under these rules or to testify with respect to any matter concerning which he or she may be lawfully interrogated, the Superior Court, on application of the Chief Administrator, may issue an order requiring the attendance of such person and the giving of testimony or production of evidence. Any person failing to obey the order of the court may be punished by the court for contempt.

13:21-21.18 Written notice of suspension or revocation or refusal to grant or renew license

(a) The Chief Administrator shall notify the applicant, in writing by registered mail, of any refusal to grant or renew an auto body repair facility license to the applicant and the grounds thereof. Written notice shall be mailed to the applicant at the address listed on the application or to the place of business on record with the Commission.

(b) The Chief Administrator shall notify the licensee, in writing by registered mail, of any proposed suspension or revocation of the auto body repair facility license and the grounds thereof. Written notice shall be mailed to the place of business on record with the Commission. Unless the licensee files with the Chief Administrator a written request for a hearing in accordance with N.J.A.C. 13:21-21.19, the auto body repair facility license shall be suspended or revoked as of 12:01 A.M. on the 31st day from the date such notice was sent in accordance with this section.

13:21-21.19 Request for hearing

(a) If an applicant has been notified in accordance with N.J.A.C. 13:21-21.18(a) that the Chief Administrator refuses to grant or renew an auto body repair facility license to him or her, the applicant shall be entitled to an administrative hearing concerning such refusal provided that the applicant has filed and the Chief Administrator has received a written request for a hearing within 30 days. The 30-day period shall commence on the date such notice was mailed to the applicant by the Commission in accordance with N.J.A.C. 13:21-21.18(a).

(b) If a licensee has been notified in accordance with N.J.A.C. 13:21-21.18(b) of a proposed suspension or revocation of his or her auto body repair facility license, the licensee shall be entitled to an administrative hearing concerning such proposed suspension or revocation provided that the licensee has filed and the Chief Administrator has received a written request for a hearing within 30 days. The 30-day period shall commence on the date such notice was mailed to the licensee by the Commission in accordance with N.J.A.C. 13:21-21.18(b).

(c) Any written request for a hearing by an applicant or licensee shall be sent to the Auto Body Repair Facility Licensing Section of the Commission at the address specified in N.J.A.C. 13:21-21.4(a). The hearing request shall contain the following information:

1. The name, place of business and telephone number of the auto body repair facility;

2. A concise statement of facts constituting each ground of defense;

3. A specific admission, denial or explanation of each fact alleged by the Commission in its notice or order to show cause, or if without knowledge thereof, a statement to that effect; any allegation in the Commission's notice or order to show cause which is not answered in accordance with this paragraph shall be deemed to have been admitted; and

4. A statement requesting a hearing.

(d) If the applicant or licensee does not file a written request for a hearing in accordance with (a), (b), or (c) above, the suspension, revocation or refusal to grant or renew the auto body repair facility license shall be effective 12:01 A.M. on the 31st day from the date such notice was mailed in accordance with N.J.A.C. 13:21-21.18. The auto body repair facility shall cease all activities of the business of an auto body repair facility effective 12:01 A.M. on the 31st day from the date such notice was mailed in accordance with N.J.A.C. 13:21-21.18.

13:21-21.20 Hearing procedures

Any hearing concerning the suspension, revocation or refusal to grant or renew an auto body repair facility license shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1

13:21-21.21 Limitations on issuance of a license after a suspension, revocation or refusal to grant or renew

(a) No person whose application for an auto body repair facility license is refused shall be entitled to apply for a license under this subchapter for a period of at least one year from the effective date of such refusal.

(b) No person whose license is suspended or revoked shall be entitled to apply for a license under this subchapter during the period of suspension or revocation.

To Learn More, Get A No Obligation Consult

Call Perlman DePetris Consumer Law for a no obligation phone consultation. Handling your case wrong from the beginning may only cost you more money and time in the end!! Try to do it right the first time by seeking legal advice from a competent lawyer! You might be entitled to be represented on a contingent basis, meaning that the attorney won’t get paid unless the case is successful and that the lawyer gets paid from your recovery instead of requiring you to pay attorney’s fees out of your own pocket up front. Other cases can be handled for a relatively small one-time payment of an up-front fixed attorney’s fee and with a contingent fee at the end of the case. Filing a claim yourself is very risky, since businesses often hire experienced defense attorneys to fight your case. Also, if you try to negotiate a settlement yourself, you may get less money than you deserve. You should always speak with an attorney before coming to any conclusions about your claim. Do not try to interpret the law by reading a website! Even if the facts of your case don’t fit Consumer Law requirements, you may be entitled to sue a business for a breach of your warranties under other state and federal laws or for a breach of contract or for some other type of claim and you may recover money damages, attorney’s fees and court costs.

Disclaimer

While this page gives some general background information, there is the danger that relying on this information alone could lead you to lose your claim. Laws and regulations frequently change and the law may have changed since the posting of this webpage. Factual differences between your case and cases described on this webpage can affect your chance of success. Don’t attempt to rely on the internet as the only source of information for your claim! Instead, get competent legal advice from a New Jersey licensed attorney. Call Perlman DePetris Consumer Law for a no obligation phone consultation.