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1 PLEASE READ Rules and regulations of the New Jersey Division of Consumer Affairs ( Division ), the boards and committees in, and other units of, the Division are codified in Title 13 of the New Jersey Administrative Code, published by LexisNexis. Notices of proposal and notices of adoption are printed in the New Jersey Register, also published by LexisNexis. The official text of the rules and regulations and their regulatory history and notices of rule proposals and adoptions can be found through LexisNexis. LexisNexis: The text of rules and regulations and notices of proposal and adoptions in PDF format provided on this website by the Division are unofficial courtesy copies, which may differ from the official text. Though every effort is made to ensure that the text of courtesy copies is identical to the official version, if any discrepancies exist between the text on this website and the official version, the official version will govern.

2 PERSONNEL services LAW AND PUBLIC SAFETY Chapter 45B Page 1 of 56 Last Revision date : 6/12/2018 NEW Jersey ADMINISTRATIVE CODE TITLE 13 LAW AND PUBLIC SAFETY CHAPTER 45B PERSONNEL services PERSONNEL services LAW AND PUBLIC SAFETY Chapter 45B Page 2 of 56 Last Revision date : 6/12/2018 CHAPTER TABLE OF CONTENTS SUBCHAPTER 1. PURPOSE AND SCOPE; 5 13:45B Purpose and scope .. 5 13:45B Definitions .. 5 SUBCHAPTER 2. EMPLOYMENT AGENCIES .. 12 13:45B Employment agency license requirements .. 12 13:45B Posting .. 13 13:45B Bond required .. 14 13:45B Records .. 15 13:45B Agreements; fee schedules .. 16 13:45B Employment agent s license qualifications .. 18 13:45B Employment agent s conditional license qualifications .. 19 13:45B Identification and introductory card; character references .. 20 13:45B Uncertified and unlicensed individuals providing home based services .. 21 SUBCHAPTER 3. BUSINESS LOCATIONS.

3 22 13:45B Business locations; special permits .. 22 SUBCHAPTER 4. EXAMINATIONS AND VARIOUS CLASSIFICATIONS OF EMPLOYMENT AND PERSONNEL services .. 23 13:45B Examination subjects .. 23 13:45B Aeronautical classification .. 24 13:45B (Reserved) .. 24 13:45B (Reserved) .. 24 13:45B Career counseling classification .. 24 13:45B Temporary placement operation (functioning in conjunction with an employment agency and integrated) 25 13:45B Employment agency providing temporary help .. 26 SUBCHAPTER 5. CONSULTING FIRMS .. 26 13:45B Consulting firm registration requirements .. 26 13:45B Uncertified and unlicensed individuals providing home based services .. 27 13:45B Consulting firm providing temporary help services .. 27 SUBCHAPTER 6. ENTERTAINMENT AGENCIES .. 28 13:45B Purpose and scope .. 28 13:45B Booking/entertainment agency and agent license requirements .. 28 PERSONNEL services LAW AND PUBLIC SAFETY Chapter 45B Page 3 of 56 Last Revision date : 6/12/2018 13:45B Bond requirement.

4 28 13:45B Entertainment agency licenses; posting .. 28 13:45B Entertainment agency contracts .. 29 13:45B Information required .. 30 SUBCHAPTER 7. FEES AND EXPIRATION DATES .. 30 13:45B Fee schedule .. 30 13:45B License and registration expiration .. 31 13:45B Standards for issuance and renewal of licenses and registrations .. 31 SUBCHAPTER 8. OUT OF STATE BUSINESSES .. 31 13:45B Application .. 31 13:45B Registered agent .. 31 SUBCHAPTER 9. (RESERVED) .. 32 SUBCHAPTER 10. REGISTRATION FOR CAREER CONSULTING OR OUTPLACEMENT ORGANIZATIONS .. 32 13:45B Registration process .. 32 SUBCHAPTER 11. PREPAID COMPUTER JOB MATCHING OR JOB LISTING services .. 34 13:45B Registration process .. 34 SUBCHAPTER 12. TEMPORARY HELP SERVICE FIRMS .. 35 13:45B Purpose and scope .. 35 13:45B Registration process .. 35 13:45B Temporary help service firms duties when providing transportation to employed individuals 36 13:45B Violations.

5 37 SUBCHAPTER 13. HEALTH CARE SERVICE FIRMS .. 38 13:45B Authority, purpose and scope .. 38 13:45B Definitions .. 38 13:45B Initial registration requirements .. 39 13:45B Firms registered prior to April 3, 1995 and meeting the definition of health care service firm 41 13:45B Registration renewal .. 41 13:45B Audits .. 42 13:45B Prohibited acts .. 42 13:45B Information for patient/employers .. 43 13:45B Uncertified and unlicensed individuals providing home based services .. 43 PERSONNEL services LAW AND PUBLIC SAFETY Chapter 45B Page 4 of 56 Last Revision date : 6/12/2018 SUBCHAPTER 14. PLACEMENT OF HEALTH CARE PRACTITIONERS .. 44 13:45B Definitions .. 44 13:45B Application form; minimum information required .. 45 13:45B General duties .. 46 13:45B Duty to refer only licensed individuals .. 47 13:45B Duty to match credentials to need .. 49 13:45B Duty to verify work history .. 49 13:45B Homemaker home health aides and agencies.

6 50 13:45B (Reserved) .. 50 13:45B Duties relating to placements in home care settings .. 50 SUBCHAPTER 15. ADVERTISING AND SOLICITATIONS .. 51 13:45B Advertisements and solicitations .. 51 13:45B (Reserved) .. 52 13:45B (Reserved) .. 52 13:45B (Reserved) .. 52 13:45B (Reserved) .. 52 13:45B (Reserved) .. 52 13:45B (Reserved) .. 52 13:45B (Reserved) .. 52 13:45B (Reserved) .. 52 SUBCHAPTER 16. VIOLATIONS .. 52 13:45B Violations .. 52 13:45B (Reserved) .. 56 PERSONNEL services LAW AND PUBLIC SAFETY Chapter 45B Page 5 of 56 Last Revision date : 6/12/2018 SUBCHAPTER 1. PURPOSE AND SCOPE; DEFINITIONS 13 PURPOSE AND SCOPE a) The rules contained in this chapter implement 34:8-43 et seq. and 56 , and regulate the operation of persons offering, promising, attempting to procure and/or supplying, procuring, obtaining or assisting in procuring or obtaining employment or personnel services or products in the State of New Jersey .

7 B) This chapter shall apply to any person engaging in any of the activities regulated by 34:8-43 et seq. or 56 , including persons whose residence or principal place of business is located outside of this State. 13 DEFINITIONS The following words and terms, when used in this chapter and in license application forms and licenses, shall have the following meanings unless the context clearly indicates otherwise: Accepting employment means that a job seeker has entered into an agreement with an employer which includes: 1) The terms and conditions of employment; 2) The salary or wages and any benefits to be paid to the job seeker as compensation for employment; and 3) The date , time and place employment will commence. Act means 1989, , ( 34:8-43 et seq.), an Act regulating certain employment agencies, services and firms, supplementing Title 52 of the Revised Statutes and repealing 1951, and Section 6 of 1981, Advertisement means any advertisement as defined by 56:8-1(a) of any service or product, including any statement appearing in a newspaper, periodical, pamphlet, circular, or other publication, in direct mail literature, on a display or any exterior or interior sign, or radio or television broadcast, or transmitted by telecopier, telex, telephone, any other electronic medium, or delivered to or through any computer, that offers a service or product for sale, whether or not the statement includes a price.

8 PERSONNEL services LAW AND PUBLIC SAFETY Chapter 45B Page 6 of 56 Last Revision date : 6/12/2018 Agent means any individual who performs any function or activity for or on behalf of any person, the purpose of which is to provide services or products to individuals seeking employment, career guidance or counseling, or employment-related services or products. Agent-registrant means a person authorized and empowered by the owner of a service registered pursuant to 34:8-43 et seq. to solicit business or otherwise act as an agent of the registered service. Applicant means any person applying for licensing or registration under the Act or 56 Bona fide job order means an accurate written or recorded description of a job or jobs to be filled, with an address or location where the job is to be performed, the range of salary, the conditions of employment offered, the date of order, the name of the individual placing the order, and the name of the interviewer to be contacted by the job seeker.

9 Booking agency means any person who procures, offers, promises, or attempts to procure employment for performing artists, or athletes, not under the jurisdiction of the Athletic Control Board, and who collects a fee for providing those services . Under 34:8-43 et seq., a booking agency is licensed as an employment agency. Booking agent means any person who performs any solicitation or recruiting function for or on behalf of any booking agency; a booking agent is licensed as an agent of the booking agency. Broker means a person who acts, works or performs duties as an agent for others, in return for a fee, charge or commission. Career consulting or outplacement organization means any person required to be registered under 34:8-65, providing or rendering services , with or without related products, in connection with advice, instruction, analysis, recommendation or assistance concerning past, present, or future employment or compensation for an individual s time, labor or effort where the products or services are paid for by the job seeker.

10 PERSONNEL services LAW AND PUBLIC SAFETY Chapter 45B Page 7 of 56 Last Revision date : 6/12/2018 Career counseling service means any person who, through its agents or otherwise, procures or represents itself as procuring employment or employment assistance or advertises in any manner the following services for a fee paid by the job seeker: career counseling; vocational guidance; aptitude, achievement or vocational testing; executive consulting; personnel consulting; career management, evaluation, or planning; the development of resumes and other promotional materials relating to the preparation for employment; or referral services relating to employment or employment qualifications. Pursuant to 34:8-43 et seq., a career counseling service is licensed as an employment agency. A career counseling service shall not include career consulting or outplacement organizations required to be registered under 34:8-65. CFA means the Consumer Fraud Act, 56:8-1 et seq.