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                              THE JOURNAL OF STATE AGENCY RULEMAKING                                                                                                     Ol-4zex:
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                                                           VOLUME 21                           NUMBER 17
                                                 September 5, 1989                        Indexed 21 N.J .R. 2691-2842
                                                            (Includes adopted rules filed th rough August 14, 1989)




                  M OST RECENT UPDATE T O NEW J ERS EY ADM IN IST RATIVE COD E: J UNE 19, 1989
                                               See the Register Inde x for S ubsequent Rulem aking Activity .

                                                      NEXT UPDATE: SU P PLEMENT J UL Y 17, 1989


                                                              RULEM AKI NG IN THIS ISSUE
                                RU L E PROPO SALS                                                Worker s' Compe nsat ion : 1990 maximum rate s                   270 1(a)
                                                                                              LA W AND PUBLI C SAFETY
Int erested persons comment deadlin e                                              2692         Au di o logy and speech-la ng uage pa thol ogy : licen sur e
                                                                                                   a nd practice                                                  2702(a)
ADM IN ISTRA T1VE LAW                                                                         P U BLIC UT I LITIES
  Spec ial edu cati on heari ngs: no nla wye r representati o n                    2693(a)      Annual filing of cust omer lists by so lid was te co llectors:
COMM U N ITY AFFA I RS                                                                             annua l reports                                                2702( b)
   U nifo rm Co nstruc tio n Co de: edu ca tio nal facility                                      Ea rned retu rn a na lysis of utility rat es: extension of
     use group                                                                     2783(a)         comment peri od                                                2704(a)
   Barrier Free Sub code                                                           2774(a)      So lid waste un ifo rm ta riff                                    2704(b)
EDU CATION                                                                                    T RANSPOR TA T10N
  Certification of bilingu al a nd ES L teache rs                                  272 1(a)      Rig h t-of-way ac q uisitio ns                                   2713(a)
   Provi sion a l ce rtifica tio n of first- year teache rs                        2717(a)       Bridg e Rehab ilitation a nd Imp ro ve ment Bo nd Act ru les     2716(a)
  Pupil tra nspor ta tio n                                                         2724(a)
ENVIRONMEN TAL PROT ECTIO N
   Haza rdo us a nd so lid waste mana gem ent: civil                                                                    RULE ADOPT IONS
     ad minist ra tive pen a lties a nd adj udica to ry hea rings                  2734(a)
HEALT H                                                                                       BA NKI N G
   Local bo ard s of hea lth : basic ed uca tio na l pr ogr am                                  C hec k cashing fac ilitie s: ad minist ra tive correct ion to
     co nce rn ing HI V infecti o n                                                2696(a)         N.J .A.C. 3:24-5 . 1                                            2784(a)
H IGH E R EDUCATION                                                                           E D UCATI ON
  Evalu at ion of community co llege p resident s                                  2697(a)      Substance a buse contro l a nd education                           2784(b)
H UMAN SE RV IC ES                                                                              Sta tewide assess ment of pupi l p roficiency in co re stud ies .. 2786(a)
  St ate psyc hiatric faci lities : transfe rs of inv ol unt arily                            EN VI RO N M EN T A L PROTECTION
     co mmitted patien ts                                                          275 1(a)      Reduction of priv ilege to withdraw wa ter: no tice of ru le
   Lon g Term Ca re Ser vices Ma nua l ..................... ...... ... ........   2752(a)         invalid ity                                                     2786(b)
   Lon g-term ca re facilities: preproposal conce rni ng                                      HEALTH
     pre- admi ssion sc ree ning of Medic aid pat ients                            2773(a)      Hosp ital reimbursement: adj us ted ad missio n fee ceiling ..... 2787(a)
  Commissi on for the Blind a nd Visu ally Impaired :                                           Hospital reimbursem en t: ra tes adju stment a nd
     o pe ra tio ns a nd p roced ure s                                             2753(a)         recon ciliat ion                                                2787(b)
IN SU RA N C E                                                                                HIG HER E DUCATI O N
   Medica l Ma lpr actice Reinsur a nce Recove ry F und                                         Ed uca tio na l Opp ortunity Fund : eligib ility for
     surcha rge                                                                    2698(a)         unde rgr ad ua te gr an ts                                      2788(a)
LABO R
   Un emp loyment Compensat ion a nd State Pla n Temp or ar y
     Disab ility: 1990 rat es                                                      2700(a )                          (Continued on Ne xt P age)
                                         You're viewing an archived copy from the New Jersey State Library.
                                                                                                                            STATE AGENCY RULEMAKING


                              INTERESTED PERSONS
   Interested persons ma y su bmit, in writing, informatio n o r arguments conce rn ing a ny of the rul e p ro posals in th is issue until October 5,1989. Su bm issions
a nd any inqui ries abo ut su bmissio ns sho uld be add ressed to the agency office r spec ified fo r a pa rticul ar p ro posal o r gro up of p rop osals.
   On occasio n, a p ro posing agency may exte nd the 30-day co mme nt peri od to accom mo da te public hear ing s o r to elicit greate r public resp on se to
a pro posed new rul e o r a mend ment. An ex tended co m men t dead line will be not ed in the head ing of a proposal o r a ppea r in a subseq uent no tice in
the Register .
   A t the close of the per iod for com me nts, the p rop osing age ncy may the reafte r adopt a p rop osal , witho ut c hange, o r with cha nges' not in vio lat io n
of the rulem a kin g procedu res a t N.J .A .C. I:30-4.3. The ad optio n becom es effec tive up on publi cat ion in the Register o f a noti ce of ado ptio n, unl ess
o the rwise ind ica ted in the adop tio n not ice. Pr omulgati on in the Ne w Jer sey Register es ta blishes a new o r a me nded rule as an official part of the N ew
Jer sey Ad mi nistra tive Code.                 .


                                                RULEMAKING IN THIS ISSUE-Continued
 H U MA N SE RV IC ES                                                                                            EMERG ENCY ADOPTIO N
   Med icaid eligibility: adminis tra tive co rrectio n to
                                                                                        TR EASURY-G EN ER A L/ COMM ER C E, ENE RG Y AN D
      N .J .A .C. 10:49-1.1                                            2789(a)
   Chi ld Suppo rt P ro gra m : incent ive pa ym ent me tho do logy .. 2787(b)            ECO NO M IC D EVE LOPM EN T
                                                                                          Purch ase Bure a u rul es; sma ll business and urb a n
   Food Sta mp P rogr a m revisio ns                                   2790(a)
                                                                                            development en ter p rises; mi nor ity a nd female
 CO R RECTIONS
                                                                                            su bco nt racto rs                                                     2810(a )
   Recr ea tio n an d leisure tim e activities                         2793(a)
 IN SUR AN C E
   FA I R Pla n surc ha rge                                            2796(a )                                       P UBLI C NOTICES
 LABOR                                                                                   EDUCA TION
   Boa rd of Re view: a ppea ls of une mpl oyment bene fit                                 Publi c test imo ny sessio n co nce rn ing prop osed
       de term ina tions                                               2797(a)               rul e cha nges                                                        2822(a )
   Unemp loy ment a nd disa bility insuran ce ap pea ls:                                 EN VI RON MEN TAL PROTECTI O N                    .
       telepho ne hea rings                                            2798(a )            Monm outh County wa te r qu al ity manageme nt :
   J o b Train ing Pa rtner ship Ac t/N .J . J o bs T raining Ac t:                          Wall Town ship                                                        2822(b)
       gr ievance p roce du res                                        2799(a)           H U MA N SERVI C ES
   Publ ic em ployee safety and heal th : hazar dou s was te                               Child re n's T ru st Fund g ra nt progra m for p reventio n of
       ope ra tio ns a nd eme rgency respon se                         2800(a)               child abuse a nd neglect                                              2822(c)
   Pu blic em ployee sa fe ty a nd health : work in co nfi ned                           INS UR A N C E
       spa ces                                                         2800(b)             Recer tificati on to Legislature: noti ce of ca nce lla tio n
 LAW AN D P UBLI C SAFETY                                                                    a nd no nrenewal of fire an d cas ua lty coverage                     2822(d )
   In acti ve dent al hygienists: resu mp tio n of pr actic e          280 1(a)            Mun icipal ities requ ir ing paym en t of lien s by co mpa nies
   Boar d of Psych ol ogical Exami ne rs: written                                            writing fire insura nce                                               2823(a)
       examination fee                                                 280 1(b)          LA W AN D P UBLI C SAFETY
   Boar d of Vete rina ry Medi ca l Exam ine rs                        280 1(c)            Boa rd of Medi cal Exa mine rs: pet ition for rul em ak ing
 PUBLI C UT I LITI ES                                                                        to au tho rize p ractice of ph ysician assis ta nts                   2824(a)
   Teleco mm unica tions: Alte rnative Op era tor Se rvice (AOS)                           Boar d of Mortu ary Science: petition for rulem ak ing to
       p rov ide rs                                                    280 1(d)              prohibit remo val of hum a n remai ns pr ior to
 TR A NSPORTATION                                                                            pron o uncem ent of de ath                                            2825(a)
    Bur eau of Elec trica l E ngineering: release of tr a ffic sig nal
       info rma tio n; d raw bridge opera tio ns; reimbursed
       high way sa fety light ing                                      2804(a)
                                                                                         EXECUTI VE ORD ER NO. 66(1978 )
   NJ T RA NS IT: ava ilab ility o f publi c reco rd s                 2804(b)
                                                                                          EXP IRAT ION DATES                                                         2826
 TR EASUR Y-G EN ER AL
   Sta te Health Be nefits P rogr a m : effec tive dat e of coverage . 2807(a)
   Co mmo n Pen sion F und A : in vestm e nt lim itati on s            2808(a)           IND EX OF RULE PROPOSALS
 PUBLI C EM PLO Y MENT REL ATIO NS COM M ISS ION                                           AND ADOPTIO NS                                                            2831
    Rulem a kin g peti tion s                                          2808(b )
 CAS IN O C ONT RO L CO M M ISSION
   Sect io n 99 su bmissio ns                                          2808(c)                                     (Continued on page 2842 )




                                                             T he offi cial publicati on co n taining noti ces o f proposed rule s a nd rul es ado p ted by Stat e age ncies
                                                             pu rsuan t to the N ew J er sey Co ns titution, Ar t. V, Sec. IV , Para . 6 a nd the Adm ini strative
NEW JERSEY REGISTER                                          Pr ocedure Ac t, N .J .S.A . 52:14B-1 e t seq . Issued month ly si nce September 1969 , a nd twice-m onthly
                                                             since Novem ber 198 1.
Mat eri al pu blish ed in the Ne w Jers ey Register is the prop erty of the Sta te of New Jer sey. H owever , it may be copied , rep roduced o r republi shed by
a ny per son for a ny purpose wha tsoe ver wi thout pe rmission , pr ovidin g that no such rep roducti on o r republicat ion sha ll bear the title "New Jersey
Register " o r " Official Rul es Publ icati on " witho ut the written permi ssion o f the Direct or, Offi ce of Administrat ive Law.
Th e New Jer sey Register (I SSN 0300 -6069) is publish ed the first an d third M ond aystF uesday, if M ond ay is a hol id ay) o f ea c h month by OAL Publicati on s
of the Offi ce of Admini strati ve Law , CN 30 1, Trenton , New Jer sey 0862 5. T eleph on e: (609) 588-6606 . Subscription s, pa yabl e in ad vance, a re o ne year,
$75 ($ 150 by First Class Ma il); back issues when avai la ble, $8 eac h. Mak e ch ec ks payabl e to O AL Publ ica tion s.
POST M ASTE R : Send add ress cha nges to: New Jer sey Register, CN 30 1, T rento n, Ne w J er sey 08625. Second Class Postage paid in South Plainfield ,
New Jersey.
The NEW JERSEY ADMINISTRATIVE CODE is published on a continuing basis by OAL Publications of the Office of Administrative Law, Subscription
rates for this 42-volume, regularly updated set of State administrative rules are available on request. The Code is sold either in the full set or in one to
four volumes depending on the Department coverage desired.

 (CIT E 21 N.J.R. 2692)                    NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                               You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                                                                                                ADMINISTRATIVE LAW


                                     RULE PROPOSALS
             ADMINISTRATIVE LAW                                               842 F.2d 58 (3rd Cir. 1988). In that opinion, 20 U.S.c. 1415(d)(I) was
                                                                              interpreted to allow educational specialists ("lay advocates") to assist
                                                                              parents, but the Court could not find any support in the legislative history
                                   (a)                                        authorizing individuals with special knowledge to act as representatives
                                                                              of parents at administrative hearings. Thus, lay advocates no longer meet
OFFICE OF ADMINISTRATIVE LAW                                                  the dictates of R.I:21-I(e) since their right to represent parents is not
Special Hearing Rules                                                         "required by federal law." Therefore, these non-lawyers no longer qualify
Special Education Program                                                     under NJ.A.C. 1:1-5.4(a)1.
                                                                                 After the Third Circuit's decision in Arons v. New Jersey Board of
Uniform Administrative Procedure Rules
                                                                              Education, the OAL believes that non-lawyers representing parents at
Representation by Non-lawyers                                                 OAL hearings may be committing the unauthorized practice of law.
Proposed Repeal and New Rules: N.J.A.C. 1:6A                                  Unless the Supreme Court amends R.l:21-I(e), the OAL sees no legal
Proposed Amendment: N.J.A.C. 1:1-5.4                                          alternative but to adopt this proposed new rule and amendment. The
                                                                              Attorney General's office has advised the OAL that it fully agrees with
Authorized By: Jaynee LaVecchia, Director, Office of                          the OAL's assessment of the existing law.
  Administrative Law.                                                            This proposed new rule and amendment, therefore, restricts non-law-
Authority: NJ.S.A. 52:l4F-5(e), (f) and (g).                                  yers in special education hearings to assistance functions. The new rule
Proposal Number: PRN 1989-443.                                                and amendment attempt to specify those assistance functions that are
  Submit comments by October 5, 1989 to:                                      permitted and those representation functions that if performed by non-
        Steven L. Lefelt, Deputy Director                                     lawyers would be the unauthorized practice of law. Education specialists
        Office of Administrative Law                                          may, for example, help parents negotiate settlements, testify for parents,
        Quakerbridge Plaza, Bldg. 9                                           consult with parents, advise parents about educational decisions and serve
        Quakerbridge Road, CN 049                                             subpoenas for parents. The specialists, however, cannot draft or sign
        Trenton, NJ 08625                                                     documents for parents or make appearances in administrative proceed-
The agency proposal follows:                                                  ings outside the parents' presence. Education specialists may perform
                                                                              representational services at the hearing only on a limited, restricted basis
                                  Summary                                     when the judge finds that it is necessary to assist a parent in making a
   On May 15, 1988, the Department of Education revised its special           particular point or presenting a piece of evidence. The new rule and
education program rules, N.J.A.C. 6:28, at 21 N.J.R. 1385(a) (May 15,         amendment make clear that the education specialist cannot present a
 1988). These proposed new rules and amendment conform the Office of          parent's case to the OAL. A parent appearing without a lawyer but with
Administrative Law (OAL) special education rules to the Department's          an education specialist will be responsible for presenting his or her own
revised rules. Proposed for repeal are the existing OAL special education     case to the administrative law judge.
rules because several sections of the existing rules were to be deleted and
the OAL wished to conform the chapter to the organizational structure                                         Social Impact
of other OAL special rules. The existing rules were repealed to make the         Since the proposed new rules conform OAL's rules with those of the
entire proposal more readable.                                                Department of Education, confusion and potential litigation should be
   Except for the proposed changes to representation by "lay advocates,"      eliminated. The new codification of OAL's special education rules should
discussed below, most of the proposed new rules do not significantly alter    make them easier to follow and to find applicable provisions in the
existing practice. For example, proposed for repeal are the current           Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
N J .A.C. I:6A-2.1 and I:6A-2.2(a) to (d). These rules deal with the             Proposed new rule N.J.A.C. 1:6A-5.1 and the amendment to N.J.A.C.
procedure which must be followed by the parents and local school boards       I: 1-5.4 explain all limitations placed upon non-lawyers (lay advocates)
up to and including the hearing request. This part of the process falls       in special education cases by 10 U.S.c. 1415(d)(l) as interpreted by Arons
within the jurisdiction of the Department of Education, Division of           v, New Jersey Board of Education. Clarification of the rules may result
Special Education, and has been incorporated into the Department's            in more parents of special education children being helped by education
 rules. Therefore, the proposed repeals eliminate these duplicative           specialists during an administrative hearing because of less fear on the
provisions from the OAL rules.                                                part of the education specialists that they must provide trial practice
   The Department of Education's rules were designed to emphasize the         services. Under proposed new rule N J .A.C. 1:6A-5.1, presentation of a
                                                                              special education case becomes the responsibility of the parent. Some
voluntariness of the mediation which is conducted by the Division of
Special Education. The proposed new rules mirror this change. The             parents may have to retain lawyers if they feel they cannot adequately
proposed new rules also delete an adjournment provision from the exist-       represent themselves, with the assistance of an education specialist.
ing rules since the Department's rules no longer permit such adjourn-                                     Economic Impact
ments. The proposed new rules change "settlement conference" references          Some unnecessary expense that would be caused by confusion between
to "conference" because that is the new Division of Special Education         OAL and Department rules and potential litigation over different
term.                                                                         terminology should be eliminated by the proposed new rules which con-
   The proposed new rules indicate that prehearing conferences will not       form the rules. The Third Circuit Court of Appeals in Arons v. New Jersey
be scheduled in special education cases and that parents have the right       Board of Education, 842 F.2d 58 (3rd Cir. 1988) clarified what charges
to open the evidentiary hearing to the public and to have the child who       may be assessed by those persons assisting under 20 U.S.c. 1415(d)(l).
is the subject of the hearing present. These have been the OAL practices;     New rule N.J .A.C. I:6A-5.1 does not further regulate permitted charges.
however, they were not specifically set forth in the previous rules.          This rule may require some parents of special education children to hire
   The proposed new rules also clarify several provisions so that they more   attorneys if they choose not to represent themselves with the assistance
clearly conform with Federal law requirements. Proposed NJ.A.C.               of an education specialist.
 I:6A-9.1, for example, provides that a hearing date later than 14 days
from the conference must be approved by a judge (see 34 C.F.R.                                      Regulatory Flexibility Analysis
300.5 I2(c». Proposed N.J.A.C. 1:6A-14.3 and 18.1 indicate that any              Requiring non-lawyers to assist rather than represent parents in special
adjournment must be for a specified period of time (see 34 C.F.R.             education cases may indirectly impact upon small businesses, such as the
300.512(c». Proposed NJ.A.C. 1:6A-18.1 more clearly indicates that            Parent Information Center of New Jersey; Inc. and other parent support
decisions must be issued no later than 45 days from the hearing request.      groups which house "Jay advocates" in New Jersey. Besides the Parent
   A major change in these proposed new rules involves representation         Information Center, the OAL is unaware of the names of any other
of parents by "lay advocates", as non-lawyers are called in special educa-    similar small businesses. Under proposed N.J.A.C. 1:6A-5.1, the types
tion cases. Proposed new rule NJ.A.C. I:6A-5.1 and the proposed               of services provided to parents by these small businesses will be restricted
amendment to N.J.A.C. 1:1-5.4 are required because of the Third Circuit       to assistance instead of representation at the hearing. To the OAL's
Court of Appeals decision in Arons v, New Jersey Board of Education,          knowledge, there are no "lay advocate" groups that are not small busi-
                                                                              nesses under the statutory definition.

                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                        (CITE 21 N.J.R. 2693)
                                  You're viewing an archived copy from the New Jersey State Library.
ADMINISTRATIVE LAW                                                                                                                     PROPOSALS

  This rule does not establish differing compliance or reporting require-                    CROSS REFERENCE (New and Old)
ments or timetables that take into account the resources available to these   New Citation      Old Citation New Citation                  Old Citation
small businesses. This rule simply requires lay advocates to perform in       1:6A-1.I          1:6A-1.I     1:6A-13.1                     New Section
a certain manner at special education hearings. It does not impose any        1:6A-4.1          1:6A-2.2(e)  1:6A-14.1                     1:6A-4.1
expense, reporting, recordkeeping or other such requirements on these         1:6A-4.2          1:6A-3.2     1:6A-14.2                     1:6A-4.3
small businesses. In fact, to the extent that the prior practice required
                                                                              1:6A-4.3          1:6A-3.S     1:6A-14.3                     1:6A-4.4
lay advocates to complete Notices of Appearance/Application forms
under N.J.A.C. 1:1-5.4, this amendment removes this requirement. There        1:6A-S.I          1:6A-4.2     1:6A-18.1                     I :6A·S.1(b)
should be no adverse economic impact on these small businesses as a           1:6A-9.1          1:6A-3.4     1:6A-18.2                     1:6A-S.2
result of this rule change because even under the prior rules lay advocates   1:6A-IO.I         1:6A-3.3     1:6A-18.3                     1:6A-5.3
were precluded from charging for representing parents at OAL hearings.        1:6A~12.1         1:6A-3.1     1:6A-18.4                     1:6A-S.4
  Beyond the effects ofNJ.A.C. 1:6A-5.1 and 1:1-5.4 as described above,                                      1:6A-18.S                     1:6A-S.S
the proposed new rules impose no reporting, recordkeeping or compliance
requirements on small businesses.                                             SUBCHAPTER 1.          APPLICABILITY
 Full text of the proposed repeal may be found in the New Jersey              I :6A-1.I Applicability
Administrative Code at N.J.A.C. 1:6A.                                            (a) The rules in this chapter shall apply to the notice and hearing
                                                                              of matters arising out of the Special Education Program of the Depart-
  Full text of the proposed new rules and proposed amendment
                                                                              ment of Education, pursuant to N.J.A.C. 6:28. Any aspect of notice
follows (additions indicated in boldface thus; deletions shown in
                                                                              and hearing not covered by these special hearing rules shall be governed
brackets [thus]):
                                                                              by the Uniform Administrative Procedure Rules (U.A.P.R.) contained
1:1-5.4 Representation by non-lawyers; authorized situations,                 in N.J.A.C. 1:1. To the extent that these rules are inconsistent with
            applications, approval procedures                                 the U.A.P.R., these rules shall apply.
  (a) (No change.)                                                               (b) These rules are established in implementation of Federal law, at
  (b) The non-lawyer applicants in (a) above may apply for per-               20 U.S.C.A. 141S et seq. and 34 CFR 300 et seq. These rules do not
mission to appear by supplying the following information and by               duplicate each provision of Federal law, but highlight some of the key
complying with the following procedures:                                      Federal provisions which form the source or authority for these rules.
   I. (No change.)
                                                                              Where appropriate, the Federal source or authority for a rule or Federal
  2. A written Notice of Appearance/Application on forms supplied             elaboration of a rule will be indicated in brackets following the rule.
by the Office of Administrative Law shall be required in cases where          In any case where these rules could be construed as conflicting with
a non-lawyer employee seeks to represent a State agency; in Civil             Federal requirements, the Federal requirements shall apply.
Service cases, where a union representative seeks to represent a State,          (c) Since these rules are established in implementation of Federal
county or local government employee; [where a non-lawyer seeks to             law, they may not be relaxed except as specifically provided herein or
represent a party in a special education hearing;] where a principal          pursuant to Federal law.
seeks to represent a close corporation, and where a non-lawyer from
                                                                              SUBCHAPTER 2.          (RESERVED)
a legal services program seeks to represent an indigent. A non-lawyer
from a legal services program seeking to represent a recipient or
                                                                              SUBCHAPTER 3.          (RESERVED)
applicant for services in Division of Public Welfare, Division of
Medical Assistance and Health Services and Division of Youth and              SUBCHAPTER 4.         AGENCY RESPONSIBILITY BEFORE
Family Services cases may make oral application to represent the                                    TRANSMISSION TO THE OFFICE OF
recipient or applicant by complying with the requirements of (b)\
                                                                                                    ADMINISTRATIVE LAW
above.
   i.-iii. (No change.)                                                       1:6A-4.1 Notice of available legal service
   iv, [In special education hearings the non-lawyer applicant shall            (a) In its acknowledgement of a hearing request, the Department of
include in his or her Notice an explanation of how he or she satisfies        Education shall inform the parties of any free or low-cost legal and
the Federal and State requirements for non-lawyer representation.]            other relevant services available, including:
(Reserved).                                                                     I. The Division of Advocacy for the Developmentally Disabled in the
   v.-viii. (No change.)                                                      Department of the Public Advocate;
                                                                                2. The New Jersey State Bar Association and county bar association
                        CHAPTER 6A                                            lawyer referral services;
                SPECIAL EDUCATION PROGRAM                                       3. The Association of Trial Lawyers-New Jersey lawyer referral
                                                                              service; and
                 CROSS REFERENCE (Old to New)
                                                                                4. The Legal Aid and Legal Services offices in New Jersey (34 CFR
Old Citation         New Citation Old Citation                New Citation    300.S06(c»).
1:6A-1.I             1:6A-1.I     1:6A-4.1                    1:6A-14.1
1:6A-2.1             Repealed     1:6A-4.2                    1:6A-S.I        1:6A-4.2 Conference by the Department of Education
I :6A-2.2(a)-(d)     Repealed     1:6A-4.3                    1:6A-14.2          (a) Within seven days of receipt of any hearing request, the Depart-
I :6A-2.2(e)         1:6A-4.1     1:6A-4.4                    1:6A-14.3       ment of Education shall conduct a conference at a time and place
1:6A-3.1             1:6A-12.1    1:6A-S.I(a)                 Deleted         convenient to both parties.
I :6A-3.2(a)-(d),(f) 1:6A-4.2     1:6A-S.I(b)                 1:6A-18.1          (b) The purpose of the conference is to assist the parties in defining
1:6A-3.2(e)          Repealed     1:6A-S.2                    1:6A-18.2       issues, identifying evidence, exchanging information, stipulating facts
1:6A-3.3             1:6A-IO.I    1:6A-S.3                    1:6A-18.3       and listing possible witnesses for a hearing. Mediation will be available
1:6A-3.4             1:6A-9.1     1:6A-S.4                    1:6A-18.4       at the conference if both parties agree to participate.
1:6A-3.S             1:6A-4.3     1:6A-S.S                    1:6A-18.S          (c) If a settlement is reached, the terms shall be reduced to writing
                                                                              and signed by the parties and the representative of the Department of
                                                                              Education.
                                                                                 (d) If a settlement is not reached, the Department of Education
                                                                              representative shall prepare a written document at the conference that
                                                                              specifies the issues in dispute, any stipulations, and evidence and witness
                                                                              lists for each party. This document shall be included with the transmittal
                                                                              form and shall be immediately forwarded to the Office of Administrative
                                                                              Law. Copies of the written document and of the transmittal form shall


(CITE 21 N.J.R. 2694)                  NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                You're viewing an archived copy from the New Jersey State Library.

PROPOSALS                                            Interested Persons see Inside Front Cover                            ADMINISTRATIVE LAW

be sent to the parties. Any exhibits that both parties agree are ad-              (c) Upon application of a party the judge shall exclude any evidence
missible may be attached to the document.                                      at hearing that has not been disclosed to that party at least five days
  (e) The Department of Education shall include with the transmittal           before the hearing, unless the judge determines that the evidencecould
any unsettled jurisdictional matters, notice problems, or other                not reasonably have been disclosed within that time.
preliminary motions from the parties.                                            (d) Discovery shall to the greatest extent possible consist of the
  (f) The board of education or public agency shall ensure that a              informal exchange of questions and answers and other information.
representative attends the conference. Participation by the parents is         Discovery may not include requests for formal interrogatories, formal
voluntary.                                                                     admissions or depositions.
1:6A-4.3 Ongoing settlement efforts                                            SUBCHAPTER II.          (RESERVED)
   (a) The scheduling of a hearing shall not preclude voluntary ongoing
efforts by the parties to settle the matter before or at the hearing.          SUBCHAPTER 12. MOTIONS
   (b) Any ongoing settlement efforts by the parties shall not delay,
interfere with, or otherwise impede a request for a hearing or the             1:6A-I2.1 Emergency relief pending settlement or decision
progress thereof, nor be grounds for adjournment of a hearing, unless             (a) As part of a hearing request, or at any time after a hearing is
a party requests an adjournment and the judge approves the adjourn-            requested, the affected parent(s), guardian, board or public agency may
ment to a specific date. Any such adjournment shall extend the deadline        apply in writing for emergency relief pending a settlement or decision
for decision, as established in N.J.A.C. 1:6A-18.1, Deadline for de-           on the matter. An emergency relief application shall set forth the
cision, by an amount of time equal to the adjournment.                         specific relief sought and the specific circumstances which the applicant
                                                                               contends justifies under (e) below the relief sought. Each application
SUBCHAPTER 5. REPRESENTATION                                                   shall be supported by an affidavit prepared by an affiant with personal
                                                                               knowledge of the facts contained therein and, if an expert's opinion is
1:6A-5.1 Representation by lawyers and assistance by education                 included, the affidavit shall specify the expert's qualifications.
            specialists                                                           (b) Prior to the transmittal of the hearing request to the Office of
  (a) At a special education proceeding, any parent may be represented         Administrative Law, applications for emergency relief shall be ad-
by a lawyer and/or assisted by an individual with special knowledge            dressed to the Department of Education, attention Division of Special
or training with respect to handicapped pupils and their educational           Education, with a copy to the other party. The Department shall for-
needs, or both.                                                                ward to the Office of Administrative Law by the end of the next business
  (b) Individuals with special knowledge or training with respect to           day all emergency relief applications that meet the procedural require-
handicapped pupils and their educational needs may not perform any             ments in (a) above and which set forth on the face of the application
assistance outside of the parents' presence and may not prepare any            and affidavits circumstances which would justify emergency relief under
documents or sign any documents for parents, except for expert witness         this section. Emergency relief applications which show no right to
reports. These education specialists may testify for parents, serve sub-       emergency relief or fail to comply with the procedural requirements
poenas for parents, consult with parents, help parents negotiate settle-       shall be processed by the Department in accordance with N.J.A.C.
ments and advise parents about educational decisions. These specialists,       1:6A-4.2.
however, may not make oral arguments, present evidence, cross-exam-               (c) After transmittal, applications for emergency relief must be made
ine witnesses, make objections or otherwise perform representational           to the Office of Administrative Law, with a copy to the other party.
services at the evidentiary hearing, unless the judge finds that it is            (d) The Office of Administrative Law shall schedule an emergency
necessary to permit the performance of some of these functions on a            relief application hearing on the earliest date possible and shall notify
limited, restricted basis in order to assist a parent in making a particular   all parties of this date. Except for extraordinary circumstances estab-
point or presenting a piece of evidence.                                       lished by good cause, no adjournments shall be granted but the opponent
                                                                               to an emergency relief application may be heard by telephone on the
SUBCHAPTERS 6, 7 and 8. (RESERVED)
                                                                               date of the emergency relief hearing. If emergency relief is granted
SUBCHAPTER 9. SCHEDULING                                                       without all parties being heard, provision shall be made in the order
                                                                               for the absent parties to move for dissolution or modification on two
1:6A-9.1 Scheduling of hearing by Office of Administrative Law                 days' notice. Such an order, granted without all parties heing heard,
   If the matter is not fully resolved at the conference, as required in       may also provide for a continuation of the order up to 10 days.
N.J.A.C. 1:6A-4.2, the representative of the Department at the con-               (e) At the emergency relief hearing, the judge may allow the af-
ference shall, in the presence of the parties, telephone the Clerk of the      fidavits to be supplemented by testimony and/or oral argument. The
Office of Administrative Law and the Clerk shall assign a peremptory           judge may order emergency relief if the judge determines from the
hearing date. The hearing date shall, to the greatest extent possible,         proofs that:
be convenient to all parties but shall be no later than 14 days from              I. The applicant has a reasonable probability of ultimately prevailing
the date of the conference, unless a later date is agreed upon by all          on the merits;
parties and approved by a judge. If a later date is agreed upon, the              2. Either serious physical harm will result to a student or students
deadline for decision, as established in N.J.A.C. 1:6A-18.1, shall be          if the relief is not granted, or the student's education program will be
extended by a time equal to the amount of delay. The Commissioner              terminated or interrupted; and
of Education shall, no later than three days after the conference, trans-         3. The relief requested is narrowly defined to prevent the specific
mit the matter to the Office of Administrative Law. Copies of all              harm from occurring and will not cause unreasonable expense and
notices, requests, pleadings, filings, stipulations of issues and facts,       substantial inconvenience.
evidence and witness lists compiled at the conference and a description           (f) Judges may decide emergency relief applications orally on the
of the positions of each party shall be included with the standard Office      record and may direct the prevailing party to prepare an order embody-
of Administrative Law transmittal form required by N.J.A.C. 1:1-8.2.           ing the decision. If so directed, the prevailing party shall promptly mail
                                                                               the order to the judge and shall mail copies to every other party in the
SUBCHAPTER 10. DISCOVERY                                                       case. Unless a party notifies the judge and the prevailing party of his
                                                                               or her specific objections to the order within five days after such service,
1:6A-I0.l Discovery
                                                                               the judge may sign the order.
  (a) All requests for information, records or other discovery shall be
                                                                                  (g) After granting or denying the requested emergency relief, the
made before or at the conference. All responses to these requests shall
                                                                               judge shall either return the parties to the Department of Education
be completed no later than five days before the date of the hearing.
                                                                               for a conference under N.J.A.C. 1:6A-4.2 or schedule hearing dates
  (b) Each party shall disclose to the other party any documentary
                                                                               if a conference has already been conducted.
evidence and summaries of testimony intended to be introduced at the
hearing.


                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                         (CITE 21 N.J.R. 2695)
                                   You're viewing an archived copy from the New Jersey State Library.
ADMINISTRATIVE LAW                                                                                                                     PROPOSALS

SUBCHAPTER 13.          PREHEARING CONFERENCES                                   (b) A party intending to appeal the administrative law judge's de-
                                                                              cision or an authorized representative is permitted to use, or may
1:6A-13.1 Prehearing conferences                                              request a certified copy of, any portion or all of the original record
  Prehearing conferences shall not be scheduled in special education          of the administrative proceeding, provided a copy remains on file at the
hearings.                                                                     Office of Administrative Law. The requesting party shall bear the cost
                                                                              of any necessary reproduction. Written requests for this material should
SUBCHAPTER 14.          CONDUCT OF CASES                                      be directed to Decision Control, Office of Administrative Law, 185
1:6A-14.1 Procedures for hearing                                              Washington Street, Newark, NJ 07102.
  (a) To the greatest extent possible, the bearing shall be conducted            (c) The record shall consist of all documents transmitted by the
at a time and place convenient to the parent(s) or guardian.                  Department of Education to the Office of Administrative Law; cor-
  (b) At the hearing, parents shall have the right to open the hearing        respondence; any documents relating to motions; briefs; exhibits; tran-
to the public, and to have the child who is the subject of the hearing        scripts, if any; the administrative law judge's decision; and any other
present.                                                                      material specifically incorporated into the record by the judge.
  (c) For good cause shown on the record, the judge may adjourn the           1:6A-18.4 Stay of implementation
hearing for a specified time, and the deadline for decision, as established     (a) Unless the parties otherwise agree, the educational placement of
in N.J.A.C. 1:6A-18.1, Deadline for decision, will be extended by an          the pupil shall not be changed prior to the issuance of the decision in
amount of time equal to the adjournment.                                      the case, pursuant to 34 C.F.R. 300.513.
  (d) A verbatim record shall be made of the hearing.                           (b) Where a party appeals any portion of the decision not involving
  (e) The judge's decision shall be based on the preponderance of the         a change In the pupil's educational placement, and upon request by any
credible evidence, and the proposed action of the board of education          party, the judge may stay implementation of the decision If immediate
or public agency shall not be accorded any presumption of correctness.        implementation would be likely to result in serious harm to the pupil
1:6A-14.2 Interpreters                                                        or other pupils in the event that the decision is rejected or modified
  Where necessary, the judge may require the Department of Education          upon appeal.
to provide an interpreter at the hearing or written translation of the        1:6A-18.S Motion to reopen hearing
hearing, or both, at no cost to the parent(s) or guardian.                       (a) Any party may file with the presiding judge, and serve on each
1:6A-14.3 Independent educational evaluation                                  other party, a motion to reopen the hearing no later than 10 days
  (a) For good cause and after giving the parties an opportunity to be        following the issuance of the decision.
heard, the judge may order an independent educational evaluation of              (b) The judge may reopen the hearing for reasons of:
the pupil. The evaluation shall be conducted in accordance with                  1. Mistake, Inadvertence, surprise or excusable neglect;
N.J.A.C. 6:28-1 by an appropriately certified or licensed professional          2. Newly discovered evidence which would probably alter the decision
examiner(s) who is not employed by and does not routinely provide             and which, by due diligence, could not have been discovered in time for
evaluations for the board of education or public agency responsible for       the hearing; or
the education of the pupil to be evaluated. The independent evaluator           3. Fraud, misrepresentation or misconduct of another party.
shall be chosen either by agreement of the parties or, where sQch
agreement cannot be reached, by the judge after consultation with the
parties. The judge shall order the board of education or public agency                                     HEALTH
to pay for the independent educational evaluation at no cost to the
parent(s) or guardian. (34 CFR 300.503)                                                                      (a)
  (b) Where an independent educational evaluation is ordered, the
judge upon the request of a party may adjourn the hearing for a specified     PUBLIC HEALTH COUNCIL
period of time and the deadline for decision, as established in N.J.A.C.      Recognized Public Health Activities and Minimum
1:6A-18.1, will be extended by an amount of time equal to the adjourn-          Standards of Performance for Local Boards of
ment.
                                                                                Health
SUBCHAPTERS IS, 16 and 17.             (RESERVED)                             Human Immunodeficiency Virus (HIV) Infection
                                                                              Basic Educational Program
SUBCHAPTER 18.           DECISION AND APPEAL                                  Proposed New Rule: N.J.A.C. 8:52-4.6
1:6A-18.1 Deadline for decision                                               Authorized By: Public Health Council, Milton Prystowsky,
  Subject to any adjournments for a specified period of time, the judge         M.D., Chairperson.
shall issue a written decision no later than 45 days from the date of         Authority: N.J.S.A. 26:IA-1 etseq. and N.J.S.A. 26:3A2-13.
the hearing request.                                                          Proposal Number: PRN 1989-455.
                                                                                Submit written comments by October 5, 1989 to:
I :6A-18.2 Confidentiality                                                            Dennis P. McDonough. M.P.H.
   (a) In a written decision, the judge shall use initials rather than full           Chief, Health Aid Services Program
names when referring to the child and the parent(s) or guardian, and                  Department of Health
may take other necessary and appropriate steps, in order to preserve                  CN 360
their interest in privacy.                                                            Trenton, NJ 08625-0360
   (b) Records of special education hearings shall be maintained in           The agency proposal follows:
confidence by the Office of Administrative Law pursuant to Federal
regulations, 34 CFR 300.500 et seq. The Clerk of the Office of Adminis-                                         Summary
trative Law, 185 Washington Street, Newark, NJ 07102, (201)                      The Public Health Council proposes to mandate that a basic educa-
648-6006, shall maintain these records.                                       tional program be included in Recognized Public Health Activities and
                                                                              Minimum Standards of Performance for Local Boards of Health in New
1:6A-18.3   Appeal, use of hearing record, obtaining copy ofrecord,           Jersey, NJ.A.C. 8:52, to help address the problems of AIDS and Human
            and contents of record                                            Immunodeficiency Virus (HIV) infection. The HIV epidemic is the most
  (a) Any party may appeal the decision of the judge either to the            serious of this century; nationally, 85,000 AIDS cases have been reported
Superior Court of New Jersey, pursuant to the Rules Governing the             to date and there are an estimated 1.5 million Americans who are infected
Courts of the State of New Jersey, or to a district court of the United       with the HIV virus. New Jersey ranks fifth among all states in the country
States, pursuant to 20 U.S.C.A. 1415(e)(3).                                   with more than 6,600 reported AIDS cases. It is estimated that 70,000
                                                                              to 105,000 New Jerseyans are infected with the HIV virus which causes


(CITE 21 N.J.R. 2696)                  NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989
                                                You're viewing an archived copy from the New Jersey State Library.

PROPOSALS                                              Interested Persons see Inside Front Cover                              HIGHER EDUCATION

AIDS and that up to 4,000 new cases will be diagnosed next year. By              analysis is not required as specified in the New Jersey Regulatory Flex-
1992 it is projected that 25,000 cases of AIDS will have been diagnosed          ibility Act, N.J.S.A. 52:14B-16 et seq.
in New Jersey.
   If the transmission of HIV is to be controlled and prevented, it is             Full text of the proposed new rule follows:
important that each individual be aware of the behavioral factors which          8:52-4.6 Human Immunodeficiency Virus (HIV) infection
significantly increase the risk of acquiring HIV infection. The most cur-
                                                                                    (a) The local board of health shall administer a planned program
rent statistics for New Jersey disclose that 57 percent of all AIDS cases
diagnosed are intravenous drug users (lVDU's) and 26.7 percent are gay           to prevent and control HIV infection and shall:
or bisexual men who are not intravenous drug users. New Jersey exceeds              l. Utilizing seroprevalence and case reporting data provided by
the national average in terms of intravenous drug users and females yet          the Department of Health, identify ways to reach persons at high
has a lower number of gay or bisexual men who do not use drugs                   risk within the community and develop and implement a strategy to
intravenously. This epidemic is most seriously felt among the ethnic and         disseminate HIV prevention and control information to these groups;
minority populations. In New Jersey, Blacks and Hispanics account for               2. Maintain supplies of educational materials to meet information
65 percent of all AIDS cases.                                                    requests on the transmission, prevention and control of HIV;
   Until a vaccine or cure is discovered, the only effective preventive             3. Provide or arrange for other suitable local health education
measure for containing this disease is education and behavioral change.          resources (for example, Planned Parenthood, Red Cross) to conduct
The proposed HIV rule identifies a role for local health agencies in             education programs addressing the epidemiology, prevention and
providing education. This rule will promote the dissemination of accurate        control of HIV to civic and community organizations and occupa-
information by local health agencies concerning the modes of HIV trans-          tionally at risk groups utilizing state prepared or equivalent curricula;
mission as well as the ways to reduce the potential of that transmission.           4. Provide or arrange for in-service training addressing the
It will also promote a closer working relationship between local health          epidemiology, prevention and control of HIV to all local health
agencies and other community groups and health care providers with               department personnel;
regards to formulating and implementing a comprehensive strategy for                5. Develop and implement a protocol to refer individuals con-
individuals who are at risk to receive the necessary counseling and testing.     cerned about their HIV status to counseling and testing sites and
   Ninety-two of the 114 local health departments responded to a survey
                                                                                 other health care providers;
on the proposed rule. Sixty-four of the 92 respondents supported the rule
as a core activity with half of the supporting respondents expressing               6. Refer HIV infected persons and their families seeking services
concern over a lack of funding to implement these new regulations. In            to appropriate provider agencies such as mental health, drug treat-
June, the Executive Committee of the New Jersey Health Officers As-              ment and other social service agencies; and
sociation endorsed the proposed HIV rule which was presented before                 7. Participate in the planning, development and implementation
the Public Health Council and approved for publication.                          of a county or regional program to control HIV infection and the
                                                                                 progression to AIDS.
                               Sodal Impact
   The proposed new HIV rule will have a positive effect on all New
Jerseyans, especially the minority populations which have been hardest
hit by the AIDS epidemic. In New Jersey, the primary reservoirs of the
HIV virus are inner city intravenous drug using Blacks. Hispanics and
                                                                                                HIGHER EDUCATION
their families. This segment of the population is also at greatest risk for
infant mortality, syphilis, gonorrhea, tuberculosis, high blood pressure,                              (a)
heart disease, diabetes and cancer.
   This rule will further the Statewide effort to educate these primary
                                                                                 BOARD OF HIGHER EDUCATION
target groups and the population at large which utilize the resources of         County Community Colleges
local health agencies. Developing a structured role for local health agen-       Presidential Contracts
cies will strengthen existing efforts to prevent and control HIV infection       Periodic Evaluation of Presidents
already set in motion by the State Health Department to meet the multiple
challenges this epidemic presents.                                               Proposed New Rule: N.J.A.C. 9:4-7.6
                             Economic Impact                                     Authorized By: Board of Higher Education, T. Edward
   The projections for the cost of the HIV epidemic are staggering. Na-            Hollander, Chancellor and Secretary.
tional figures estimate that the medical care costs of AIDS are $60,000          Authority: N.J.S.A. 18A:64A-7, NJ.S.A. 18A:64A-12 and
per patient and the cumulative medical cost of AIDS for the nation is              N.J.S.A. 18A:3-14(h).
projected to be $3.5 billion for 1989.                                           Proposal Number: PRN 1989-462.
   Until a vaccine or cure is discovered, the only effective preventive            Submit comments by October 5, 1989 to:
measure for containing this disease is education and behavioral change.                  Grey J. Dimenna, Esq.
The role of local health agencies in the proposed HIV disease standards                  Administrative Practice Officer
will be focused primarily on providing education. To assist local health                 Department of Higher Education
agencies in the implementation of an HIV educational campaign, the                       20 West State Street
State Health Department in conjunction with the New Jersey Health                        CN 542
Officers Association developed a standardized slide presentation with a                  Trenton, New Jersey 08625
curriculum to provide the needed training for local health personnel at
                                                                                 The agency proposal follows:
no cost to their agencies. While there has been no increase in the Public
Health Priority Funding (PHPF) appropriation to support the implemen-                                            Summary
tation of this new activity, local health agencies will be provided the             This proposed new rule supplements a new rule proposed in the May
option to utilize their PHPF allocation to support this service. A signifi-      15, 1989 New Jersey Register at 21 N.J.R. 1269(a) regarding presidential
cant number of health departments surveyed indicated that including the          contracts at county community colleges in New Jersey. This proposed
HIV infection activity in minimum standards would not impose a signifi-          rule adds to the requirements in this area that there be a periodic evalu-
cant financial burden on their agencies since they are currently involved        ation of the county college president's performance by the college board
in community HIV education efforts and are reportedly providing many             of trustees required within such employment contracts.
of the proposed services. It should also be noted that those areas de-
termined to have the highest incidence of AIDS and largest number of                                          Social Impact
at risk individuals are already receiving Federal and State monies to              The proposed new rule will help to ensure that renewal of county
provide counselling, education and testing services for their residents.         community college presidential contracts by boards of trustees of those
                                                                                 colleges will be based upon an evaluation of the president's past per-
                    Regulatory Flexibility Statement                             formance at the college and will result in the extension of such contracts
  The proposed new HIV rule will apply to all local boards of health.            based upon the merits of the president.
Since small businesses are not affected by this rule, a regulatory flexibility


                                        NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                        (CITE 21 N.J.R. 2697)
                                    You're viewing an archived copy from the New Jersey State Library.

HIGHER EDUCAnON                                                                                                                         PROPOSALS

                            Economic Impact                                      The Association, although deactivated by 1982, remains obligated on
   The proposed new rule has no economic impact as it merely provides         claims presented under the coverage it reinsured or wrote directly during
for county community colleges to include in presidential contracts a          its years of operation. Actuarial studies conducted on behalf of the
provision for the evaluation of presidential performance on a periodic        Association for year end 1982 indicated that the Association would ex-
basis. No significant administrative cost should be involved in such evalu-   perience substantial deficits and an eventual inability to pay claims on
ations.                                                                       which it was still responsible. The year end actuarial report for 1983
                                                                              confirmed the existence of a deficit, and the Association has continued
                    Regulatory Flexibility Statement
                                                                              to report a deficit to the Department of Insurance ("Department") each
  A regulatory flexibility analysis is not required because the proposed
                                                                              year to the present.
new rule does not impose reporting, record keeping or other compliance
                                                                                 In view of the need to fund the Association's deficit, the Department
requirements on small businesses. County community colleges are public
                                                                              proposed new rules in the August 15, 1988 New Jersey Register (see 20
institutions.
                                                                              N.J.R. 201O(a)) which impose a surcharge upon certain classes of phys-
  Full text of the proposal follows:                                          icians and doctors in this State.
                                                                                 Many comments were received concerning the proposed new rules.
9:4-7.6 Periodic evaluation of presidents                                     Most commenters objected to the surcharge because of its application
  Presidential employment contracts shall include a provision for             to physicians who did not obtain coverage through the Association. The
periodic evaluation of presidents.                                            commenters stressed that those physicians who did not obtain coverage
                                                                              through the Association, but instead obtained coverage in the private
                                                                              market, did not benefit from the creation and operation of the Associa-
                                                                              tion and, therefore, should not be surcharged.
                         INSURANCE                                               The Department disagrees with this assertion. The Association ex-
                                                                              panded the capacity for medical malpractice insurance, thereby placing
                             (a)                                              downward pressure on the rates charged by insurers in the private market.
                                                                              This dual consequence of the Association's creation (relaxation of ca-
DIVISION OF ADMINISTRATION                                                    pacity and lower private market rates) benefited the total physician popu-
New Jersey Medical Malpractice                                                lation. The same can be said for other categories and subcategories of
Reinsurance Recovery Fund Surcharge                                           health care providers for whom the Association was created.
                                                                                 Another commenter asked whether an insurer who was licensed to write
Reproposed New Rules: N.J.A.C.11:18                                           medical malpractice insurance, but has not written and does not intend
Authorized By: Kenneth D. Merin, Commissioner, Department                     to write such insurance, should nevertheless file annual informational
   of Insurance.                                                              reports pursuant to the proposed new rules. The Department, for report-
Authority: N.J.S.A. 17:1-8.1, N.J.S.A. 17: IC-6(e) and N.J.S.A.               ing purposes, requires all insurers who are licensed to write medical
                                                                              malpractice insurance to submit the reports.
    17:300-1 et seq.
                                                                                 Another commenter objected to the proposed new rules because that
Proposal Number: PRN 1989-467.
                                                                              commenter believed the proposed new rules were inconsistent with the
   A public hearing concerning this rule will be held on Friday, September    legislative intent of the Act, and that the proposed new rules are simply
22, 1989 at 10:00 A.M. at:                                                    unfair.
          Mary Roebling Building                                                 N.J.S.A. 17:300-10 states that "For the purpose of providing monies
          Second Floor                                                        necessary to establish the recovery fund in an amount sufficient to meet
          Conference Room 218C                                                the requirements of this act, the Commissioner shall establish reasonable
          20 West State Street                                                provisions through additional premium charges for policies of the various
          Trenton, NJ 08625                                                   categories and subcategories of medical malpractice liability insurance."
   Persons intending to testify at the hearing are required to provide        What is clear is that the Legislature left the Commissioner with discretion
written prior notice of their intention to Verice M. Mason, Assistant         to assess various policies so that the provisions of the Act may be carried
Commissioner, Division of Legislative and Regulatory Affairs, Depart-         out. The "various" policies the Legislature speaks of are medical malprac-
ment of Insurance, by the close of business on September 12, 1989. The        tice liability insurance policies, leaving the Commissioner the responsi-
notice must include a brief summary of the testimony. Testimony will          bility to determine which of the "various" policies to assess. In light of
be limited to five minutes.                                                   the present financial condition of the Association, the Commissioner has
   Persons intending to ask questions at the hearing are requested to         decided that those health care providers who were able to take advantage
provide Assistant Commissioner Mason with their intended questions or         of the capacity which the Association brought on must bear a portion
areas of interest for questioning by September 12, 1989. Questions may        of the burden to finance its operation.
also be permitted from the floor.                                                A public hearing regarding the proposal was held on October 24, 1988
   The hearing will be conducted in accordance with the provisions of         pursuant to N.J.S.A. 52:14B-4(a)3. Based upon the testimony presented
N.J .S.A. 52:14B-4(g).                                                        at the hearing, the written materials placed on the record within the
   Submit written comments by October 5, 1989 to:                             required time period, and information from the Department, a hearing
          Verice M. Mason                                                     officer's report ("report") was submitted to the Commissioner of In-
          Assistant Commissioner                                              surance ("Commissioner") containing several recommendations.
          Legislative and Regulatory Affairs                                     One of the recommendations in the report suggested hospitals and
          New Jersey Department of Insurance                                  health maintenance organizations (HMO's) be added to the class of health
          CN 325                                                              care providers to which a surcharge should apply because the Association
          Trenton, NJ 08625                                                   was activated for hospitals and HMO's and a number of such institutions
                                                                              directly benefited by obtaining coverage through the Association.
   The agency reproposal follows:
                                                                                 Another recommendation in the report suggested that the amount of
                                  Summary                                     surcharge be assessed against health care providers in the class for which
   N.J.S.A. 17:300-1 et seq., the Medical Malpractice Liability Insurance     the Association was activated based upon whether the provider was
Act ("Act"), was enacted to ensure that medical malpractice liability         actually insured or reinsured by the Association.
insurance is readily available to licensed medical practitioners and health      The Commissioner adopted these recommendations. In accordance
care facilities. The Act established the New Jersey Medical Malpractice       with the adopted recommendations, the Department reproposed new
Reinsurance Association ("Association") which is required to reinsure         rules in the June 19, 1989 New Jersey Register (see 21 N.J.R. I642(a)).
certain medical malpractice liability insurance policies. The Association     The reproposed new rules published in the June 19 New Jersey Register
is also permitted to write such policies on a direct basis in the absence     contained several errors or ambiguities that need to be corrected. Accord-
of a qualified provider willing to issue the needed class of coverage. The    ingly, the rules as reproposed on June 19 are herein reproposed with the
Act also established the New Jersey Medical Malpractice Reinsurance           following changes.
Recovery Fund ("Fund") which reimburses the Association for any defi-            J. A definition of "premium" is provided and the definition of "total
cit sustained in its operation.                                               premium" is deleted. This change is essentially c1arificatory only since


(CITE 21 N.J.R. 2698)                  NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                             You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                            Interested Persons see Inside Front Cover                                        INSURANCE

there will be no change in the Department's designation of the premium                            CHAPTER 18
from which the surcharge is to be collected (see N.J.A.C. 11:18-1.3).            NEW JERSEY MEDICAL MALPRACTICE REINSURANCE
   2. The June 19 reproposal inadvertently and contradictorily assessed                        RECOVERY FUND
a surcharge of both five percent and three and thirty-five hundredths
percent for HMO's that were insured or reinsured by the Association            SUBCHAPTER 1.         FUND SURCHARGE
from 1976 to 1982. As the summary to the reproposed rules explained,
                                                                               II: 18-1.1 Purpose
only the five percent figure was correct. The new reproposal clarifies this
                                                                                  Pursuant to N.J.S.A. 17:30D-9, the New Jersey Medical Malprac-
matter (see N.J.A.C. 11:18-1.4(a)).
   3. The June 19 reproposal imposed a surcharge of three and thirty-          tice Reinsurance Recovery Fund was created to reimburse the New
five hundredths percent on hospitals that were insured or reinsured by         Jersey Medical Malpractice Reinsurance Association, created
the Association from 1976 to 1982. This figure should be three and             pursuant to N.J.S.A. 17:30D-4, for any deficit sustained in the oper-
seventy-five hundredths percent, as the new reproposal states (see             ation of the Association. Pursuant to N.J.S.A. 17:30D-IO, the Com-
N.J.A.C. 11:18-1.4(b».                                                         missioner is authorized to establish reasonable provisions through
   4. An adjustment of surcharge provision is added to reflect changes         additional premium charges for medical malpractice liability in-
in the current balance of revenues to expenses (see N.J .A.C. II: 18-1.6).     surance policies for the purpose of providing monies necessary to
                                                                               establish the Fund in an amount sufficient to meet the requirements
                              Social Impact
                                                                               of the Medical Malpractice Liability Insurance Act, N.J.S.A.
   The reproposed new rules will allow the Association to remain a viable
and stabilizing market influence and to continue to service and pay the        17:30D-I et seq. This subchapter establishes such provisions.
claims on which it remains liable. The applicable surcharges affect an         11:18-1.2 Scope
estimated 13,800 of the allopathic physician, osteopathic physician, sur-         This subchapter applies to all health care providers as defined in
geon and podiatrists population in the State, raising the average malprac-     this subchapter and to all insurers authorized to write medical
tice premium from $1 million/$3 million coverage approximately $680.00         malpractice liability insurance in this State.
to $14,280 for those who were insured or reinsured by the Association
from 1976 to 1982 and $340.00 to $12,940 for those who were not insured        II: 18- J.3 Definitions
or reinsured by the Association from 1976 to 1982.                                The following words and terms, as used in this subchapter, shall
   The applicable surcharges affect an estimated 96 of the hospitals in        have the following meanings, unless the context clearly indicates
the State, raising the average malpractice premium for $1 rnillion/S)          otherwise:
million coverage approximately $11,974 to $332,000 for those who were             "Association" means the New Jersey Medical Malpractice Re-
insured or reinsured by the Association from 1976 to 1982 and approx-          insurance Association created pursuant to N.J .S.A. 17:30D-4.
imately $8,000 to $328,000 for those who were not insured or reinsured            "Commissioner" means the Commissioner of Insurance of the
by the Association from 1976 to 1982.                                          State of New Jersey.
   The applicable surcharges affect an estimated 20 of the health mainten-        "Fund" means the New Jersey Medical Malpractice Reinsurance
ance organizations in the State, raising the average malpractice premium
                                                                               Recovery Fund created pursuant to N.J.S.A. 17:30D-9.
approximately $3,770 for those who were insured or reinsured by the
                                                                                  "Health care provider" means hospitals, health maintenance or-
Association from 1976 to 1982 and $1,885 for those who were not insured
                                                                               ganizations, physicians and doctors licensed in this State.
or reinsured by the Association from 1976 to 1982.
                                                                                  "Medical malpractice liability insurance" means insurance cov-
                               Economic Impact                                 erage against the legal liability of the insured and against loss, dam-
   The reproposed new rules will not result in any significant adverse         age or expense incident to a claim arising out of the death or injury
economic impact upon insurers. Insurers may experience a minimal in-           of any person as the result of negligence or malpractice in rendering
crease in costs by having to remit the collected surcharges to the State       professional service by any physician, doctor, hospital or heaJth
Treasurer and to file biannually with the Department certain specified         maintenance organization, or a claim arising out of ownership, oper-
information.                                                                   ation or maintenance of the physician's, doctor's, hospital's or health
   The insureds who fall within the scope of the reproposed new rules
                                                                               maintenance organization's business premises, including primary and
will experience an adverse economic impact in that the imposition of the
                                                                               excess coverage.
applicable surcharge will result in each insured being responsible for a
                                                                                  "Physician" or "doctor" means a doctor of medicine (M.D.), a
percent-to-premium charge in excess of the insured's total premium.
   There is a possibility that any increase in medical malpractice premiums    surgeon, a doctor of osteopathic medicine (D.O.), and a doctor of
ultimately will be passed on to the consumers of health care in the State,     podiatric medicine (D. P.M.).
raising medical costs and continuing the inflationary spiral indicative of        "Premium" means the medical malpractice liability insurance
the health care environment.                                                   premium paid by a health care provider and, in the case of physicians
   The Department does not expect to incur any additional expenses as          or doctors, includes the portion of the medical malpractice Jiability
a result of the proposed new rules.                                            insurance premium paid for partnership/association coverage.
                                                                                  "Treasurer" means the Treasurer of the State of New Jersey.
                      Regulatory Flexibility Analysis
   Some insurers affected by the reproposed new rules may be small             II: 18-1.4 Imposition of surcharge
businesses as that term is defined in the Regulatory Flexibility Act,             (a) A surcharge of five percent is imposed on the total premiums
N.J.S.A. 52:14B-16 et seq. The compliance requirements imposed upon            for all policies of medical malpractice liability insurance covering
insurers, including small businesses, are that they collect a surcharge only   physicians and doctors presently licensed in New Jersey who were
with the policy premium, remit such to the State Treasurer within 10 days      insured (primary or excess) or reinsured by the Association from 1976
from collection and biannually file with the Department specified infor-       to 1982, whether currently practicing individually or as a professional
mation regarding the collected and remitted surcharges. None of the            association or employee thereof, or in affiliation or empJoyment with
above requirements is expected to have any significant adverse economic        any hospital or health maintenance organization, and those covering
impact on insurer small businesses. To provide for uniform and consistent
                                                                               health maintenance organizations which were insured (primary or
applicability of these rules, and to avoid granting any advantage to
                                                                               excess) or reinsured by the Association from J976 to 1982.
insurers which are small businesses, no differential treatment is accorded
to small business insurers by these reproposed new rules.                         (b) A surcharge of three and seventy-five hundredths-percent is
                                                                               imposed on the total premiums for all policies of medical malpractice
  Full text of the reproposal follows:                                         liability insurance covering hospitals that were insured (primary or
                                                                               excess) or reinsured by the Association from 1976 to 1982.
                                                                                  (c) A surcharge of two and one-half percent is imposed on the total
                                                                               premiums for all policies of medical malpractice liability insurance
                                                                               covering physicians, doctors, hospitals and health maintenance or-
                                                                               ganizations presently licensed in New Jersey who were not insured
                                                                               (primary or excess) or reinsured by the Association from 1976 to
                                                                               1982.

                                       NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                     (CITE 21 N.J.R. 2699)
                                   You're viewing an archived copy from the New Jersey State Library.
INSURANCE                                                                                                                           PROPOSALS

   (d) The applicable surcharge shall apply to all new and renewal         IJ:18-1.6 Adjustment of surcharge
policies effective on or after the effective date of this subchapter and      The amount of surcharge imposed by this subchapter may be
to the additional premiums on all endorsements effective on or after       adjusted by the Commissioner upon his or her consideration of
the effective date of this subchapter.                                     revenues received and Fund expenses. Adjustments shall be made for
   (e) The applicable surcharge shall be a separate, up-front charge       all classes subject to the surcharge on a proportional basis. Adjust-
to the insured in addition to the total premium to be paid, except         ments, if any, shall be made in accordance with the rulemaking
that in the case of policy premiums paid pursuant to a payment plan        procedures of the Administrative Procedure Act, N.J.S.A. 52:14B-I
or installment plan the applicable surcharge shall be a proportionate      et seq.
charge based upon the payment schedule or amount of payment
received. The surcharge shall be shown separately in dollars and cents
on each document stating the policy premium. The surcharge shall
be identified to the insured as the "Medical Malpractice Reinsurance
                                                                                                         LABOR
Recovery Fund Surcharge."
   (f) Commissions and premium taxes shall not be payable on the
                                                                                                             (a)
applicable surcharge and the insurer shall be prohibited from absorb-      DIVISION OF EMPLOYMENT SECURITY
ing such surcharge as an inducement for insurance or for any other
reason.                                                                    1990 Maximum Weekly Benefit Rates
   (g) Failure of the insured to pay the applicable surcharge shall be     1990 Taxable Wage Base Under the Unemployment
deemed failure to pay the premium and result in cancellation for             Compensation Law
nonpayment of premium.                                                     1990 Contribution Rate of Governmental Entities and
   (h) Return of the applicable surcharge collected is permitted on          Instrumentalities
policy activity such as endorsements decreasing premium and
cancella tions effective on the date this subchapter becomes effective
                                                                           1990 Base Week
and thereafter. The return surcharge shall be calculated on the same       1990 Alternative Earnings Test
pro rata basis as the return premium. Upon reasonable notice and           Proposed Amendments: N.J.A.C. 12:15-1.3, 1.4, 1.5,
the provision of adequate documentation from the insurer, the As-            1.6,and1.7
sociation shall refund to the policyholder any return of surcharge due
                                                                           Authorized By: Charles Serraino, Commissioner, Department of
that policyholder.
                                                                             Labor.
II: 18-1.5 Collection and remittance of surcharge                          Authority: NJ.S.A. 34:1-5,34:1-20, 34:IA-3(e), 43:21-3(c),
  (a) The applicable surcharge billed to the policyholder shall be           43:21-4(e), 43:21-7(b)(3), 43:21-7.3(e), 43:21-19(t), 43:21-27,
collected by each insurer at the time of payment of premium.                 43:21-40 and 43:21-41.
   (b) The insurer shall remit each collected surcharge to the             Proposal Number: PRN 1989-459.
Treasurer for the account of the Fund not later than 10 days from            Submit comments by October 5, 1989 to:
the collection of the surcharge.                                                   Alfred B. Vuocolo, Jr.
   (c) Not later than April I and October I of each year, the                      Chief Legal Officer
Treasurer shall remit the total amount of monies received by the                   Office of the Commissioner
Fund, plus all accrued interest thereon, to the Association pursuant               Department of Labor
to N.J.S.A. 17:30D-I I.                                                            CN 110
   (d) Not later than March I and September I of each year, each                   Trenton, New Jersey 08625-0110
insurer shall file with the Department of Insurance the following:         The agency proposal follows:
   I. A listing of each Fund surcharge collected during the preceding
reporting period and to which class of health care provider the                                             Summary
surcharge applies;                                                            The proposed amendment to N.J.A.C. 12:15-1.3 establishes the 1990
                                                                           maximum weekly benefit rate for benefits under the Unemployment
   2. A listing of each Fund surcharge remitted to the Treasurer
                                                                           Compensation Law and for State Plan benefits under the Temporary
during the preceding reporting period and to which class of health
                                                                           Disability Benefits Law.
care provider the surcharge applies;                                          The proposed amendment to N.J.A.C. 12:15-1.4 establishes the 1990
   3. The total amount of Fund surcharges collected during the             taxable wage base for the purpose of contributions under the Unemploy-
preceding reporting period;                                                ment Compensation Law in accordance with NJ.S.A. 43:21-7(b)(3).
   4. The total amount of Fund surcharges remitted to the Treasurer           The proposed amendment to N.J.A.C. 12:15-1.5 establishes the 1990
during the preceding reporting period; and                                 contribution rate for governmental entities that elect to pay contributions
   5. A statement from an officer of the company certifying that the       under the Unemployment Compensation Law.
information submitted is accurate and complete to the best of his             The proposed amendment to N.J.A.C. 12:15-1.6 raises the amount of
or her knowledge.                                                          earnings required in 1990 to establish a base week for an individual's
   (e) The information required in (d) above shall be submitted to:        claim for unemployment compensation and State Plan temporary disabili-
          Statistical Service                                              ty benefi ts.
          Property Liability Division                                         Finally, the proposed amendment to N.J.A.C. 12:15-1.7 raises the
          New Jersey Department of Insurance                               amount of base year earnings required to establish an individual's
          CN 325                                                           eligibility for unemployment compensation and State Plan temporary
          Trenton, New Jersey 08625                                        disability benefits, in those instances in which the individual has not
          Attention: MMRRF Surcharge                                       established 20 base weeks.
   (f) Failure by an insurer to submit the information required in (d)                                   Social Impact
above in a timely manner may result in the imposition of penalties            The proposed amendment to NJ.A.C. 12:15-1.3 will ensure that pay-
and/or sanctions pursuant to N.J.S.A. 17:33-2 and/or other                 ments to unemployment and disability insurance recipients entitled to
provisions of law.                                                         maximum benefits will increase in line with the upward trend of wages
   (g) The applicable surcharge shall be billed to the policyholder,       in the State's economy, thus preserving the real purchasing power of their
collected by the insurer, and remitted to the Treasurer until such time    benefits.
as the Commissioner determines that the monies in the fund are                The proposed amendment to N.J .A.C. 12:15-1.4 will generate increased
sufficient to meet the requirements of N.J.S.A. 17:30D-I et seq.           revenues for the Unemployment Insurance and Disability Insurance Trust
   (h) The insurer's obligation to collect the applicable surcharge and    Funds needed to offset the increased level of benefits for these programs,
remit it to the Treasurer in a timely manner shall be a condition of       which are statutorily indexed to the upward trend of wages in the State's
                                                                           economy.
maintaining its certificate of authority.

(CITE 21 N.J.R. 2700)                 NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                             You're viewing an archived copy from the New Jersey State Library.

PROPOSALS                                            Interested Persons see Inside Front Cover                                                  LABOR

   The proposed amendment to N.J.A.C. 12:15-1.5 will lower the con-           12:15-1.4  Taxable wage base under the Unemployment
tribution rate for governmental entities, and will have no social impact                 Compensation Law
on the public.                                                                  In accordance with the provisions of N J .S.A. 43:21-7(b)(3), the
   The proposed amendments to N.J.A.C. 12:15-1.6 and 12:15-1.7 provide        "wages" of any individual with respect to anyone employer for the
for the base week amount and the amount of earnings to establish              purpose of contributions under the Unemployment Compensation
eligibility, respectively, to be indexed to wage increases as benefit pay-    Law shall include the first [$12,800] $13,900 during the calendar year
ments have been indexed since 1969. Some claimants who work tempor-           [1989] 1990.
arily or intermittently may not qualify for benefits under these tightened
eligibility standards.                                                        12:15-1.5   Contribution rate of governmental entities and
                                                                                          instrumentalities
                              Economic Impact
   The proposed amendment to N J .A.C. 12:15-1.3 will increase the week-         (a) In accordance with the provisions ofN.J.S.A. 43:21-7.3(e), the
ly benefit rates received by individuals eligible for the maximum weekly      contribution rate for all governmental entities and instrumentalities
benefit rate under the Unemployment Compensation Law and under the            electing to pay contributions under the Unemployment Compensa-
Temporary Disability Benefits Law beginning January I, 1990, in com-          tion Law is hereby promulgated as being [one and one-tenth percent
pliance with statutory provisions which automatically adjust these benefit    (1.1 percent)] eight-tenths of one percent (0.8 percent) for the entire
rates each year in accordance with changes in the Statewide average           calendar year.
weekly wage. The maximum weekly benefit for Unemployment Com-                    (b) This contribution rate shall be effective on taxable wages paid
pensation is computed as 56 and 2/3 percent of the Statewide average          in the calendar year [1989] 1990.
weekly wage in the second preceding calendar year. As of January I, 1990,
                                                                              12:15-1.6 Base week
the maximum weekly benefit will increase from $258.00 to $279.00.
   The maximum weekly benefit for State Plan Temporary Disability is             In accordance with the provisions of NJ.S.A. 43:21-19(t), the base
computed as 53 percent of the Statewide average weekly wage in the            week amount is hereby promulgated as being [$92.00] $99.00 per
second preceding calendar year. As of January I, 1990, the maximum            week for benefit years and periods of disability commencing on or
weekly benefit will increase from $241.00 to $261.00.                         after January I, [1989] 1990.
   The proposed amendment to N.J.A.C. 12:15-1.4 will increase from            12:15-1.7 Alternative earnings test
$12,800 to $13,900 the wages of an individual employee of an employer
                                                                                 In accordance with the provisions of N.J.S.A. 43:21-4(e) and
that are subject to employer and worker contributions under the Un-
                                                                              43:21-41 in those instances in which the individual has not established
employment Compensation Law, beginning January I, 1990. The taxable
                                                                              20 base weeks, the alternative earnings amount for establishing
wage base is computed as 28 times the Statewide average weekly wage
in the second preceding calendar year.                                        eligibility is hereby promulgated as being [$5,500] $6,000 for benefit
   The proposed amendment to NJ.A.C. 12:15-1.5, which will lower the          years and periods of disability commencing on or after January I,
contribution rate for governmental entities to 0.8 percent of taxable wages   [1989] 1990.
for 1990 from 1.I percent for 1989, will, other things being equal, result
in lower costs to State and local government units that choose this
financing option.                                                                                                (a)
   The proposed amendment to N.J.A.C. 12:15-1.6 will increase the
amount an individual must earn to establish a base week under the             DIVISION OF WORKERS' COMPENSATION
Unemployment Compensation and Temporary Disability Laws. The                  1990 Maximum Workers' Compensation Benefit
amount is computed as 20 percent of the Statewide average weekly wage           Rates
in the second preceding calendar year and will increase from $92.00 to
$99.00 for benefit years and periods of disability commencing January         Proposed Amendment: N.J.A.C. 12:235-1.6
I, 1990.                                                                      Authorized By: Charles Serraino, Commissioner, Department of
   The proposed amendment to NJ.A.C. 12:15-1.7 increases the alterna-            Labor.
tive earnings eligibility standard under the law in those situations where    Authority: N.J.S.A. 34:1-5,34:1-20, 34:1A-3(e) and 34:15-12(a).
the individual has not established 20 base weeks in the base year period.
                                                                              Proposal Number: PRN 1989-460.
The amount will increase from $5,500 in 1989 to $6,000 in 1990. The
alternative earnings test is indexed each year at 12 times the Statewide        Submit comments by October 5, 1989 to:
average weekly wage in the second preceding calendar year.                            Alfred B. Vuocolo, Jr.
   The Department does not expect to experience any economic impact                   Chief Legal Officer
as a result of the proposed amendments.                                               Office of the Commissioner
                                                                                      Department of Labor
                    Regulatory Flexibility Statement                                   eN 110
   The proposed amendments do not impose any reporting, recordkeeping                 Trenton, New Jersey 08625-0110
or compliance requirements on businesses. The amendments affect benefit       The agency proposal follows:
and contribution levels under the Unemployment Compensation and
Temporary Disability Benefits Laws. Thus, a regulatory flexibility                                            Summary
analysis is not required.                                                       The proposed amendment establishes the 1990 maximum workers'
                                                                              compensation rates for temporary disability, permanent total disability,
  Full text of the proposed amendments follows (additions indicated           permanent partial disability, and dependency.
in boldface thus; deletions indicated in brackets [thus]):
                                                                                                            Social Impact
12:15-1.3 Maximum weekly benefit rates                                           The proposed amendment will ensure that payments to workers' com-
  (a) In accordance with the provisions of the Unemployment Com-              pensation recipients entitled to maximum benefits will increase in line
pensation Law, the maximum weekly benefit rate for benefits under             with the upward trend of wages in the State's economy, thus preserving
the Unemployment Compensation Law is hereby promulgated as                    the real purchasing power of their benefits.
being [$258.00] $279.00 per week.                                                                         Economic Impact
  (b) The maximum weekly benefit rate for State Plan benefits under             The proposed amendment will increase from $342.00 to $370.00 the
the Temporary Disability Benefits Law is hereby promulgated as                weekly benefit rate received by individuals eligible for the maximum
being [$241.00] $261.00 per week.                                             weekly benefit rate for temporary disability, permanent total disability,
  (c) These maximum benefits shall be effective for the calendar year         permanent partial disability, and dependency under the Workers' Com-
[1989] 1990 on benefit years and periods of disability commencing             pensation Law.
on or after January I, [1989] 1990.                                             The effect of this change, other things being equal, will be to raise the
                                                                              employers' workers' compensation insurance costs.
                                                                                The Department does not expect to experience any economic impact
                                                                              as a result of the proposed amendment.

                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                        (CITE 21 N.J.R. 2701)
                                       You're viewing an archived copy from the New Jersey State Library.
LABOR                                                                                                                                       PROPOSALS

                     Regulatory Flexibility Statement                               The amendment to NJ.A.C. 13:44C-7.2(a)4 will have no impact upon
  The proposed amendment does not impose any reporting, record keep-             the public but will eliminate any confusion caused by the fact that an
ing or compliance requirements on businesses. The amendment increases            endorsement category of the Department of Education is not specifically
benefit rates to individuals. Thus, a regulatory flexibility analysis is not     named, at present, in the Advisory Committee's enumeration of exemp-
required.                                                                        tions from authorized practice rules. Addition of the words "speech-
                                                                                 language specialist" to the list provides coordination and clarification that
   Full text of the proposal follows (additions indicated in boldface            were lacking heretofore.
thus; deletions indicated in brackets [thus)):
                                                                                                             Economic Impact
12:235-1.6 Maximum workers' compensation benefit rates                             Economic impact resulting from proposed amendments will be felt by
   (a) In accordance with the provisions of N.J.S.A. 34:15-12(a), the            candidates for licensure who do not achieve the passing score of 600 on
maximum workers' compensation benefit rate for temporary disabili-               the required National Teachers' Examination. Those persons will have
ty, permanent total disability, permanent partial disability, and de-            to bear the cost of possible further study and of fees for any successive
pendency is hereby promulgated as being [$342.00] $370.00 per week.              examinations.
   (b) This maximum compensation shall be effective as to injuries
                                                                                                     Regulatory Flexibility Statement
occurring in the calendar year [1989] 1990.
                                                                                    Since the proposed amendments concern only holders of endorsements
                                                                                 as speech-language specialists who teach in public schools, and candidates
                                                                                 for licensure by the Advisory Committee, small businesses are not af-
                                                                                 fected. A regulatory flexibility analysis is, therefore, not required.
         LAW AND PUBLIC SAFETY
                                                                                   Full text of the proposed amendments follows (additions indicated
                  (a)                                                            in boldface thus; deletions indicated by brackets [thus]):
                                                                                 13:44C-3.2 Requirements for licensure
DIVISION OF CONSUMER AFFAIRS                                                        (a) An applicant for licensure shall submit the following to the
Audiology and Speech-Language Pathology                                          Advisory Committee:
  Advisory Committee                                                                1.-3. (No change.)
Examination Requirements; Authorized Practice                                       4. Satisfactory proof of having achieved a score of 600 [a lower
  Exemptions                                                                     score within or the 16th or greater percentile] on the National
                                                                                 Teachers' Examinations in audiology or speech-language pathology,
Proposed Amendments: N.J.A.C.13:44C-3.2 and 7.2                                  as appropriate, administered and set by Educational Testing Service
Authorized By: James J. Barry, Jr., Director, Division of                        in Princeton, New Jersey. An applicant may substitute a current and
  Consumer Affairs.                                                              valid license to practice audiology or speech-language pathology, as
Authority: NJ.S.A. 45:3B-24.                                                     is appropriate; issued by another state with substantially equivalent
Proposal Number: PRN 1989-453.                                                   requirements for licensure, as satisfactory proof of having passed the
  Submit comments by October 5, 1989 to:                                         examination.
        Richard Weisman, Executive Director                                      13:44C-7.2 Exemptions
        Advisory Committee for Audiology and Speech-                               (a) The following are exempt from the provision of this chapter,
          Language Pathology, Room 500
                                                                                 pursuant to NJ.S.A. 45:3B-17:
        100 Raymond Boulevard
                                                                                    \.-3. (No change.)
        Newark, New Jersey 07102
                                                                                   4. Any person certified as a speech-language correctionist or its
The agency proposal follows:
                                                                                 successor title, speech-language specialist, by the State Department of
                                 Summary                                         Education. However, such person is not exempt under this section
   The Audiology and Speech-Language Pathology Advisory Committee                for that portion of his or her time spent as a private practitioner or
proposes two changes in its current rules covering the licensure and             providing sevices for which a fee may be paid by a recipient of the
practice of these professions.                                                   service.
   The first change proposed is an amendment to N J .A.C. 13:44C-3.2(a)4,           5.-7. (No change.)
which relates to examination requirements. Here. wording that refers to
percentile score would be deleted, leaving a score of 600 on the National
Teachers' Examination in audiology or speech-language pathology as the
sole measure of successful passage of this test, which is administered by
the Educational Testing Service of Princeton, New Jersey. The Advisory
                                                                                                    PUBLIC UTILITIES
Committee has reached the determination that a percentile score is insuffi-
cient to demonstrate a candidate's ability level. Such a score measures
                                                                                                           (b)
that level in comparison with the ability level of people tested in a national   BOARD OF PUBLIC Ul'ILrnES
administration, but it does not provide clear assurance as to how well
the candidate knows the subject matter being tested. Under the proposed          Filing of Annual Reports and Customer Lists (Solid
amendment, only an explicitly determined numerical score will satisfy the          Waste)
Advisory Committee's requirements.
   The second rule proposed to be amended is NJ.A.C. 13:44C-7.2(a)4,
                                                                                 Reproposed Amendment: N.J.A.C. 14:3-10.15
concerning exemptions from authorized practice requirements for certain          Authorized By: Board of Public Utilities, Christine Todd
providers of audiology or speech-language pathology services. The                  Whitman, President.
amendment, which adds the words "speech-language specialist," would              Authority: NJ .S.A. 48:2-13, 48: l3A-4 and 48: l3A-I!.
merely coordinate the terminology of this rule on exemptions with an             BPU Docket Number: SX88 10 110!.
endorsement conferred by the Department of Education in certifying               Proposal Number: PRN 1989-456.
personnel for provision of services within public schools.
                                                                                   A public hearing concerning this proposed amendment will be held on:
                               Social Impact                                             Tuesday, October 3, 1989 at 10:00 A.M.
   The proposed amendment to N J.A.C. 13:44C-3.2(a)4 clearly benefits                    Board's Hearing Room
the public in that it raises examination standards which must be met by                  Two Gateway Center-10th Floor
Advisory Committee licensees; a fixed numerical score must now be                        Newark, New Jersey
attained on the qualifying examination and the alternative percentile score
will not be acceptable. Protection of the public against practice by less
than fully competent persons should thereby be enhanced.


(CITE 21 N.J.R. 2702)                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                               You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                             Interested Persons see Inside Front Cover                                   PUBLIC UTILITIES

  Submit written comments by October 5, 1989 to:                                  N.J.S.A. 48:13A-6 empowers the Board to issue certificates of public
        Eugene J. Byrne, Esq.                                                   convenience and necessity.
        Administrative Practice Officer                                            N.J.S.A. 48:13A-7 enables the Board to direct those engaged in the
        Board of Public Utilities                                               business of solid waste collection and disposal to furnish proof that the
        Two Gateway Center                                                      charges or rates received for service do not exceed just and reasonable
        Newark, New Jersey 07102                                                rates or charges for such service.
The agency proposal follows:                                                       N.J.S.A. 48:13A-1O prohibits monopolistic practices in the solid waste
                                                                                collection and disposal business.
                                  Summary                                          N.J.S.A. 48:13A-11 empowers the Board to"... compel the attendance
   The proposed amendment was initially published in the November 7,            of witnesses and the production of tariffs, contracts, papers, books,
 1988edition of the New Jersey Register at 20 N.J.R. 2629(a) and a public       accounts and all other documents necessary to enable the Board to
 hearing thereon was held on December 8, 1988. As a result of comments          administer its duties as prescribed by law... "
 received, Board staff re-examined the then proposed amendment and has             In In re Solid Waste Utility Customer Lists, 106 N.J. 508 (1987), the
 made substantive changes thereto. In view of such changes, nearly all of       Supreme Court held that the Board of Public Utilities has authority to
 which are by way of additions to the original proposal, the Board hereby       compel production of customer lists so long as adequate safeguards
 withdraws same and reproposes it as modified. The reproposed amend-            against public disclosure are provided.
 ment differs from the amendment published in the November 7, 1988
edition of the New Jersey Register as set forth below:                                                          Social Impact
    l. Paragraph (b)1 was expanded to require that the list of residential         The reproposed amendment requiring the production of customer lists
customers be subdivided by municipality and that within each munici-            will assist the Board in implementing its statutory mandate set forth in
pality the customers shall be sequentially numbered and set forth in            NJ.S.A. 48:13A-2.
 numerical order by street address, and the streets set forth in alphabetical      N.J.S.A. 48:I3A-2 provides in pertinent part as follows:
order.                                                                             " ... the health, safety and 'welfare of the people of this state require
   2. The reproposed amendment also differentiates between residential          efficient and reasonable solid waste collection disposal and utilization
customer lists and commercial, industrial and institutional lists in that       service; that such service wiJI more likely be achieved if the Public Utility
only the latter are to include rate schedule(s) applied, frequency and type     Commission is charged with the duty of setting and enforcing standards
of service supplied and number of containers and size of each.                  and rates for regulating economic aspects of solid waste collection, dis-
   3. A model residential customer list format and a model commercial,          posal and utilization service... "
industrial and institutional customer list format have been added to               The production of customer lists enables the Board and its staff to
provide a visual example of the requirements of paragraphs (b) I and 2.         investigate any possible consumer fraud by providing the Board with the
   4. Paragraph (b)5 is entirely new.                                           identities of customers and the rates charged for services rendered to said
   The reproposed amendment is again in two parts. The first would              customers.
denominate the existing rule as subsection (a) and would clarify it by                                        Economic Impact
stating the date annual reports by solid waste utilities are due to be filed.      The reproposed amendment is essential in order for the Board to
The second and more important amendment, denominated subsection (b),            effectively regulate the economic practices of the solid waste industry.
would require the annual filing of customer lists by solid waste collectors.       The utilization of these lists will facilitate the protection of the econ-
   Proposed N.J.A.C. 14:3-IO.15(b) would require each solid waste utility       omic interests of the public by placing the Board in a better position to
engaged in the business of collecting solid waste in the State of New Jersey    identify, and take appropriate action to prevent. actual and potential
to, no later than March 31, of each year, file with the Secretary of the        anticompetitive practices and abuses of the rate structure.
Board of Public Utilities detailed information regarding its customers.            The reproposed amendment will not impose an undue economic burden
Such information shall be made under oath and shall include a complete          upon solid waste collection utilities as the mere duplication and dis-
and sequentially numbered list of all residential, commercial, industrial       semination of existing records involves a minimal capital outlay and is
and institutional customers. The list of residential customers shall be         clearly outweighed by the public interest.
subdivided by municipality. Within each municipality the customers shall
be sequentially numbered and set forth in numerical order by street                                   Regulatory Flexibility Analysis
address and the streets set forth in alphabetical order. The list shall            The majority of solid waste collectors which this amendment will affect
include the name and address (including street, post office box, city, zip      are small businesses. There are approximately 758 solid waste collectors,
code and any other identifying data) of each customer as of December            approximately four of which have more than 100 employees. Since the
31 of the preceding year. The list of commercial, industrial or institutional   utility would use its existing records to provide the required data, there
customers shall also include the following: rate schedule(s) applied, fre-      would be minimal initial capital cost and minimal annual cost of com-
quency and type of service and number of containers and size of each.           pliance. The estimated annual cost to a utility with a computerized billing
The collector shall also be required to provide an explanation for any          system in place would be $20.00. The annual cost to a utility without
changes in the total number and/or names of commercial, industrial or           such a system is approximately $100.00. It is not anticipated that the
institutional customers from those supplied in the preceding year.              utility would need to employ professional services to comply with this
   The Board will respect the confidential nature of these lists by providing   amendment.
adequate safeguards against public disclosure. Such safeguards will in-           Full text of the proposal follows (additions indicated in boldface
clude placing the lists in a locked filing cabinet and limiting access to
                                                                                thus):
agents and employees of the Board of Public Utilities and in the discretion
of the Board those Governmental agencies responsible for enforcement             14:3-10.15 Filing of annual reports and customer lists
of laws relating to the collection and disposal of solid waste.                    (a) Every utility engaged in solid waste collection and solid waste
                      Scope of Board's Jurisdiction                             disposal shall file no later than March 31 of each year an annual report
  There are numerous provisions under Title 48 which form the basis             on forms to be prescribed by the Board for filing, showing its
for the Board's authority to compel the production of customer lists.           financial condition on a calendar year basis. Such reports shall also
  The Board's general powers over public utilities including those en-          contain a statement of income and expenses for a calendar year
gaged in solid waste collection and disposal are found in N.J.S.A. 48:2-13      period.
which provides as follows:                                                         (b) Every utility engaged in solid waste collection shall file no later
  "The Board shall have general supervision and regulation of and               than March 31 of each year, with the Secretary of the Board, a
jurisdiction and control over all public utilities as hereinafter in this       complete list, made under oath, of all residential, commercial, industrial
section defined and their property, property rights, equipment, facilities      and institutional customers.
and franchises so far as may be necessary for the purposes of carrying             1. The Jist of residential customers shall be subdivided by munici-
out the provisions of this Title."                                              pality. Within each municipality, the customers shall be sequentially
  Additionally, pursuant to N.J.S.A. 48:13A-2 the Board is charged with         numbered and set forth in numerical order by street address and the
the duty of setting and enforcing standards and rates for regulating the        streets set forth in alphabetical order. The list shall include each cus-
economic aspects of solid waste collection and disposal.


                                       NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                         (CITE 21 N.J.R. 2703)
                                    You're viewing an archived copy from the New Jersey State Library.
PUBLIC UTILITIES                                                                                                                          PROPOSALS

tomer's complete name and address (including post office box, zip code                                            (b)
and any other identifying data) as of December 31 of the preceding
year.                                                                         BOARD OF PUBLIC UTILITIES
   2. The list of commercial, Industrial or institutional customers shall
be set forth as in (b)1 above and, in addition, shall include for each        Solid Waste Uniform Tariff
customer the rate schedule(s) applied, frequency and type of service          Proposed New Rules: N.J.A.C.14:11-7.6 through 7.9
supplied, and number of containers and the size of each.                      Proposed Amendment: N.J.A.C. 14:11-7.2
   3. If a change occurs in the total number and/or names of com-             Authorized By: Board of Public Utilities, Christine Todd
mercial, industrial or institutional customers supplied in the preceding
                                                                                Whitman, President.
year, the collector shall provide an explanation for the change and the
                                                                              Authority: N.J.S.A. 48:2-13, 48:13A-4, and 48:2-21.
date and docket number of the Board's order, if any, authorizing such
change.                                                                       BPU Docket Number: SX89070669.
   4. Pursuant to N.J.S.A. 47:1A-2 of the Right to Know Law,                  Proposal Number: PRN 1989-457.
N.J.S.A. 47:IA-I et seq., the customer lists filed with the Secretary           Public hearings concerning this proposal will be held on:
pursuant to this section shall not be deemed to be public records and                  September 28, 1989 at 10:00 A.M.
the public, Including solid waste or other utilities, shall not have the               Board's Hearing Room
right to inspect, copy or obtain a copy of same. Upon receipt of the                   Two Gateway Center, 10th Floor
customer lists, the Secretary of the Board shall keep the lists under                  Newark, New Jersey 07102
lock and take appropriate measures to maintain the lists in confidence.                October 2, 1989 at 10:00 A.M.
Access to such lists shall be limited to agents, employees and attorneys               Hall of Records, Room 210
of the Board and, in the discretion of the Board, governmental agencies                Main Street
responsible for enforcement of laws relating to the collection and dis-                Freehold, N.J. 07728
posal of solid waste. All such governmental agencies shall be subject                  October 6, 1989 at 10:00 A.M.
to the confidentiality requirements contained in this paragraph.                       Galloway Municipal Complex
   S. If a collector's Certificate of Public Convenience and Necessity                 300 East Jimmey Leeds Rd.
is revoked, or for other good cause as the public interest may demand,                 Galloway, N.J. 08208
the Board in Its discretion may disclose the customer list of such              Submit written comments by October 6, 1989 to:
collector for purposes of insuring safe, adequate and proper service.                  Wayne DeFeo
   6. Customer list Cormats are as follows:                                            Deputy Director
   i. MODEL RESIDENTIAL CUSTOMER LIST FORMAT                                           Division of Solid Waste
                                                                                       Board of Public Utilities
CUSTOMER       #      NAME                    ADDRESS                                  Two Gateway Center
   1.                  ABC         One A Street, Allentown, NJ 10000                   Newark, New Jersey 07102
   2.                  DCE         One B Street, Allentown, NJ 10000          The agency proposal follows:
   1.                  FGH         One A Street, Basking Ridge, NJ                                               Summary
                                   20000                                         EffectiveJanuary I, 1990, all solid waste collection utilities will file one
     2.                IJK         One B Street, Basking Ridge, NJ            form of tariff with the Board of Public Utilities, Division of Solid Waste
                                   20000                                      Uniform Tariff. The proposed amendment and new rules set forth the
  ii. MODEL COMMERCIAL, INDUSTRIAL AND INSTITU-                               requirements for this tariff.
                                                                                 N.J.A.C. 14:11-7.6, Definitions, establishes uniform definitions of
TIONAL CUSTOMER LIST FORMAT
                                                                              waste type and basic services. N.J.A.C. 14:11-7.7, Tariff terms and con-
CUSTOMER        #     NAME                    ADDRESS                         ditions, establishes uniform terms of service and billing procedures.
   1.                  ABC         One A Street, Allentown, NJ 10000          N.J.A.C. 14:11-7.8, Directions for filing Solid Waste Tariffs, outlines
                                                                              directions, establishes formulas and conversion factors and compaction
 RATE SCHEDULE(S)                FREQUENCY AND TYPE OF                        ratios for use in this section to establish a two component rate structure.
      APPLIED                       SERVICE/PER PULL                          N.J.A.C. 14:11-7.9, Solid Waste Uniform Tariff Forms, establishes a
    No. 10 Waste                     2 X Week/Roll Off                        systematized format to be filed for each type of service rendered.
                                                                                 This proposed amendment and new rules will result in a less
NUMBER AND SIZE                                                               cumbersome regulatory process and will allow the ratepayers to more
  OF CONTAINER                                                                effectively analyze their bills. In addition, the tariff review process will
   2-8 Cubic Yard                                                             be shortened under the proposed provisions of N.J.A.C. 14:11-7.6 and
                                                                              7.7, while N.J.A.C. 14:11-7.8 and 7.9 will provide a consistent format
                                                                              for collection utilities to utilize when filing tariff amendments.
                                   (a)                                                                       Social Impact
                                                                                 Implementation of the uniform tariff will benefit every sector of the
BOARD OF PUBLIC UTILITIES                                                     public. By providing uniform definitions, terms of service and billing
Notice of Extension of Comment Period                                         procedures, all solid waste collectors will compete from a position of
Overearnlngs                                                                  equity, fostering a greater potential for service competition. In addition,
                                                                              the systematized rate schedules and standard terms and conditions will
Proposed New Rules: N.J.A.C.14:3-11                                           provide ratepayers with greater ability to compare prices and servicesand
  Take notice that the Board of Public Utilities is extending until October   will minimize instances of unsatisfied expectations. Further, the Board
2, 1989, the period for the submission of written comments on the             will be able to provide more effective regulatory oversight with a reduc-
proposed adoption of new rules concerning overearnings.                       tion in lengthy reviews of unorganized tariffs, provide for more effective
  The proposal was published on July 17, 1989, in the New Jersey              serviceenforcement and respond to customer inquiries in a more effective
Register at 21 N.J.R. 2003(a). Please refer to the proposal for additional    manner.
information.                                                                     The disposal component will be adjusted by Board Order in the context
  Interested persons may submit written comments on the proposal until        of its decisions on disposal facility rates. This will eliminate the need for
October 2, 1989 to:                                                           collectors to file formal rate cases each time a disposal rate changes.
         Eugene J. Byrne, Esq.                                                Revised tariff pages may be all that is required.
         Administrative Practice Officer
         Board of Public Utilities                                                                         Economic Impact
         Two Gateway Center                                                     The uniform tariff will have a positive economic impact on the Board
         Newark, New Jersey 07102                                             of Public Utilities (Board), the Department of Environmental Protection

(CITE 21 N.J.R. 2704)                  NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989
                                                You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                             Interested Persons see Inside Front Cover                                PUBLIC UTILITIES

(DEP), solid waste collection utilities and the customers of those solid           "Liquid wastes" means waste types 72, 73, and 74, NJ.A.C.
waste collection utilities. The standardization and simplification of tariff    7:26-2.13, including bulk liquids and semi-liquids, septic tank
filings will enable regulatory agencies responsible for regulation of the       cleanout wastes and liquid sewage sludge. They include liquids or
solid waste industry to conduct analysis of individual tariff filings ex-       a mixture consisting of solid matter suspended in a liquid media
peditiously, thereby maximizing the efficiency and effectiveness of the         which is contained within, or is discharged from, anyone vessel, tank,
administrative process. Implementation ofa uniform tariff will assist both      other container which has the capacity of 20 gallons or more (not
the Board and the DEP in their respective enforcement functions. The            included is waste type 12); pumping from septic tanks and cesspools;
standard terms and conditions contained in the uniform tariff will enable       and liquid residue from a sewage treatment plant consisting of sewage
customers of solid waste collection utilities to make informed decisions        solids combined with water and dissolved materials.
when selecting a collector by comparing respective rates for specifictypes         "Loose waste" means waste that is un-compacted.
of service thereby fostering competition in the solid waste industry. The          "Mixed district loads" means waste of the same type but from
utilization of the uniform tariff by solid waste collection utilities will      different solid waste management districts contained in the same
ultimately make the tariff filing process more cost-efficient by standard-
                                                                                container.
izing and simplifyingsolid waste collection utility tariffs, thereby reducing
                                                                                   "Mixed waste types" means two or more waste types in the same
the costs (legal and accounting fees) associated with subsequent tariff
filings.                                                                        container.
                                                                                   "Multiple dwelling" means any building of one or more stories
                      Regulatory flexibility Analysis                           which contains three or more dwelling units. The solid waste gener-
   The majority of solid waste collectors which these rules will affect are     ated by residents of a multiple dwelling may be considered ID 10
small businesses. There are approximately 758 solid waste collectors,           commercial for economic regulation purposes.
approximately four of which have more than 100employees. The utiliza-              "Recycling" means any process by which materials which would
tion of a uniform tariff may initially increase the costs associated with       otherwise become solid waste are collected, separated, or processed
the filing of solid waste collection utility tariffs by approximately $3,000    and returned to the economic mainstream in the form of raw ma-
in view of the possibility that collectors may need to employ professional      terials or products. Materials to be recycled include those materials
services to comply with these rules. With standardization, however, the
                                                                                as defined in P.L. 1987, c.W2 (N.J.S.A. 13:IE-99) and county solid
costs associated with the filing of subsequent tariffs will be substantially
lessened. Given the great predominance of small businesses in the solid         waste management plans.
waste collection industry, no basis for differentiation of compliance re-          "Residential refuse collection, basic service, curb collection"
quirements based on business size exists.                                       means service by the collector which requires collection by the collec-
                                                                                tor at the curb of the residence.
  Full text of the proposal follows (additions indicated in boldface               "Residential refuse collection, basic service, drive-in" means ser-
thus):                                                                          vice by the collector which requires collection by the collector at a
                                                                                point other than the curb of the residence, and requires the collector
14:11-7.2 General
                                                                                to drive the collection vehicle beyond the curb in order to make the
  (a)-(b) (No change.)
  (c) Effective January 1, 1990, all solid waste collection tariffs shall       collection.
                                                                                   "Residential refuse collection, basic service, walk-in" means ser-
conform with the format and language as outlined in 14:11-7.3,7.4 and
                                                                                vice by the collector at a point other than the curb of the residence
7.6 through 7.9.
                                                                                involved, provided such other collection point does not require the
14:11-7.6 Solid Waste Uniform Tariff; definitions                               collector to drive the collection vehicle beyond the curb to the point
   For purposes of this subchapter, the following words and terms               of collection, or walk a distance greater than 50 feet from curbline.
have the following meanings:                                                       "Residential refuse collection, special collection" means service
   "Bulky waste" means waste type 13, N.J.A.C. 7:26-2.13, and in-               that requires the collection of residential solid waste at irregular
cludes large items of waste material, such as, appliances, furniture,           intervals.
tires, whole trees, branches, tree trunks and stumps generated by                  "Residential solid waste" means waste type 10, N.J.A.C. 7:26-2.13,
residential, commercial, institutional or industrial sources. Also in-          which is normally generated in the day to day activities of a residence
cluded are waste building materials and rubble resulting from con-              and includes animal and vegetable waste resulting from the handling,
struction, remodeling, repair and demolition operations on houses,              processing, preparing, cooking and consuming of food, and includes
commercial buildings, improvements and other structures. Specifi-               household liquids except used motor oil and grass clippings.
cally excluded for the purpose of Board regulation are discarded                   "Resource recovery facility" means a solid waste facility con-
automobiles, trucks and trailers and large vehicle parts.                       structed and operated for the incineration of solid waste for energy
   "Commercial solid waste" means waste type 10, N.J.A.C.                       production and the recovery of the metals and other materials for
7:26-2.13, which is normaJJy generated in wholesale, retail or service           refuse, or a mechanized compost facility or any other solid waste
establishments, including, but not limited to, restaurants, stores, mar-        facility constructed or operated for the collection, separation, recy-
kets, theaters, hotels and warehouses.                                          cling of metals, glass, paper and other materials for reuse or for
   "Compacted waste" means waste that has been compressed by                    energy production. N.J.S.A. 13:IE-137.
non-residential mechanical or hydraulic machinery.                                 "Sanitary landfill" means a permitted solid waste facility, at which
   "Dry sewage sludge" means waste type 12, N.J.A.C. 7:26-2.13, and             solid waste is deposited on or into the land as fill for the purpose
is sludge from a sewage treatment plant which has been digested and              of permanent disposal or storage for a period of time exceeding six
dewatered and does not require liquid handling equipment.                        months, except that it shall not include any waste facility approved
   "Hazardous waste" means any waste type in N.J.A.C. 7:26-8.1.                  for disposal of hazardous waste. NJ.S.A. 13:IE-3.
   "Industrial solid waste" means waste type 27, N.J.A.C. 7:26-2.13,               "Transfer station" means a facility at which solid waste is trans-
which is normally generated in manufacturing, industrial, and re-                ferred from one solid waste collection vehicle to a licensed solid waste
search and development processes and operations which are non-                   vehicle for transportation to a solid waste facility. N.J.A.C. 7:26-1.4.
hazardous in accordance with the standards and procedures set forth                 "Vegetative waste" means waste type 23, N.J.A.C. 7:26-2.13, and
in N.J.A.C. 7:26-8.1.                                                            includes waste materials from farms, plant nurseries and greenhouses
   "Institutional solid waste" means waste type 10, NJ.A.C.                      that are produced from the raising of plants. This waste includes such
7:26-2.13, which is normally generated in the operation of institu-              crop residues as plant stal ks, hulls, leaves and tree wastes processed
tions, including, but not limited to, hospitals, colleges, schools, nurs-        through a wood chipper.
ing homes, medical and dental professional buildings, research and
development processes, and laboratories.                                        14:11-7.7 Tariff terms and conditions
   "Leaf compost facilities" means those permitted facilities where               (a) The following terms and conditions shall apply to all solid
predominately leaves are composted into a humus product for reuse.              waste collection companies.
   "Limited service" means service that is available only at certain
specified hours of the day or season of the year.

                                        NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                       (CITE 21 N.J.R. 2705)
                                   You're viewing an archived copy from the New Jersey State Library.
PUBLIC UTILITIES                                                                                                                     PROPOSALS

   I. The solid waste collection utility shall have unencumbered ac-         ment because the customer, either residential, commercial or indus-
cess to any customer's container, utility container or other area from       trial, has not provided either adequate or legal parking for the collec-
which solid waste is to be collected. If containers are located in an        tion of garbage, refuse or solid waste. Under these circumstances,
enclosed structure, said structure must allow for access. In the event       the collector may leave and not be obligated to return until the next
that the structure prevents access, the collector shall not be required      regularly scheduled date;
to remain on the premises to attempt collection. The collector may              vii. Containers exceed prescribed weight or volume limits as
leave, and shall return on the next regularly scheduled collection date.     prescribed in the collector's tariff;
All containers and areas from which solid waste is to be collected              viii. Containers are over filled or overflowing; or
must be kept free from all hazards and potential hazards. During                ix. The particular service and/or waste type is not included in the
periods of inclement weather, containers are to be reasonably free           collector's tariff.
from ice and snow.                                                              (b) The following provisions shall apply to all solid waste collec-
   2. Collection services shall be provided according to a schedule          tion companies regarding billings and payment for services:
contained in an accepted tariff.                                                I. The collector may bill customers for service on a monthly basis
   3. The collector may provide collection for yard clippings, garden        in advance. Bills for payment of services shall be mailed to the
refuse and other types of solid waste not provided for in the basic          address indicated by the customer at the time service is requested,
service. Specific provisions must be outlined in the appropriate ser-        absent subsequent notice by the customer.
vice section of the collector's tariff.                                         2. If the collector does not utilize advanced billing, residential,
   4. The collector may require that solid waste potentially dangerous       commercial and industrial solid waste collection billings are to be
to health and liable to cause injury be packaged in a manner which           made with payment due in 30 days and payable within 10 days after
limits the possibility of exposure and/or injury.                            the month's service has been rendered. If payment has not been
   5. Collectors are prohibited from offering to collect commingled          received after 10 days after the date the bill was payable, then the
loads of solid waste and designated source separated recyclable ma-          collector may discontinue the service of the customer providing seven
terials. Each solid waste management plan contains a definition of           days written notice is given (see N.J.A.C. 14:3-7.12).
the district's designated recyclables.                                          3. All bills for collection will include the following information:
   i. Collectors are prohibited from disposing of leaves as outlined            i. The date of the bill;
in N.J.S.A. 13:IE-99.21.                                                        ii. The time period for which the service is rendered;
   6. Should the collector fail to pick up solid waste on a regularly           iii. The type of and frequency of service;
scheduled day, and such failure is not due to any action or inaction            iv, The tariff rate applied;
of the customer, the collector shall make the pick up as soon as                v. The number and size of containers, where applicable;
possible.                                                                       vi. The total quantity of waste collected;
   7. In the event of inclement weather when operation of a solid               vii. A separate line item showing the surcharge applied as required
waste collection vehicle would pose a threat to the safety and welfare       by the Recycling Act, N.J.S.A. 13:IE-99 et seq., and the Sanitary
of the public and/or the equipment and personnel of the collector,            Landfill Facility Closure and Contingency Fund Act, N.J .S.A.
collections will be made no later than the next regularly scheduled           13:IE-IOO et seq.;
pick-up. In those cases where collection is scheduled on a one collec-           viii. A separate line item showing the surcharge applied, if any,
tion per week basis, that collection will be made as soon as possible.       pursuant to P.L. 1981, c. 438, to fund county health department
   8. Service to a customer may be discontinued in accordance with           enforcement activities, N.J.S.A. 13:IE-9.1;
the provisions of N.J.A.C. 14:3-7.12, Billing, payments, deposits.               ix. Separate line items showing the Solid Waste Service Tax, Re-
   9. Residential customers who wish to discontinue or suspend ser-           source Recovery Investment Tax and, if applicable, Solid Waste
vice for periods of 30 days or more must give notice to the utility           Importation Tax, NJ.S.A. 13:IE-136 et seq.; and
not less than 30 days prior to the date they wish temporary discon-              x. A separate line item showing the Host Community Benefit
tinuance of service and indicate the date they wish service to resume.       surcharge, if any.
 Failure to notify the utility will result in no reduction of monthly            4. Residential rates are based on an annual service. No credit will
rate billed.                                                                  be extended to the customer or deduction allowed should the collec-
    10. The solid waste collection utility shall have the right to termin-    tor fail to make a collection for reasons outside the collector's con-
ate a customer's service upon seven days written notice for any of            trol, or should the customer not provide refuse, garbage or solid
the following acts or omissions on the part of the customer:                  waste for collection except as allowed in N.J.A.C. 14:11-7.7(a)9.
   i. Non-payment of a valid bill at a present or previous location.             5. If credit has not been established by the customer, the collector
Non-payment of bill for service to a commercial establishment shall           may, at his option, request a reasonable deposit as a condition of
not be cause for discontinuance of residential service;                       providing service. Initial deposits are not to exceed one month's
   ii. Tampering with any facility of the utility;                            estimated charges. All deposits retained by the utility will bear
   iii. Fraudulent representation in relation to use of service;              interest at the rate of nine percent per annum simple interest,
   iv. Customer moving from the premises unless the customer re-              NJ.A.C. 14:3-7.2 and 7.5. Periodic review of a customer's credit
quests that the service be continued;                                         worthiness and the appropriate level of deposit, where necessary, will
   v. Providing a utility'S service to others without approval of the         be performed according to the guidelines specified in N.J.A.C.
utility; or                                                                   14:3-7.2 and 7.5. Deposits are to be returned to the customer with
   vi. Failure to make or increase an advance payment or deposit as           accumulated interest after satisfactory credit has been established.
provided for in the utility's tariff.                                            i. Customers who have defaulted in payment of bills may be re-
    II. The collector shall have the right to refuse pick-up of waste         quired to furnish a deposit or increase an existing deposit to secure
for any of the following reasons:                                             payment of future bills. Failure to make required deposits may be
   i. Waste is not placed in proper containers;                               considered cause for discontinuance of service after the required
   ii. Waste is not placed at designated pick-up location;                    seven days notice is given in writing. Customers having deposits with
   iii. Waste contains hazardous material (as defined in N.J.A.C.             the collector who fail to pay their bills may have their deposits used
7:26-8.1), matter is likely to cause injury to the public or the collec-      by the collector to pay existing bills and be required to bring deposits
 tor's personnel;                                                             to a satisfactory level, within a reasonable time period as a condition
    iv. Waste is not placed out for collection on the scheduled day;          of service, as outlined in NJ.A.C. 14:3-7.3(b).
    v . Passage on the street or into the property is obstructed in any          6. No customer shall be required to pay, reward or to give any
 way by the operations to pave the street, by the digging of water            additional gratuity to receive the waste collection services to which
or sewer lines or other type of construction. Pick up will be provided        he is entitled by contract or regulation.
for the next scheduled day;                                                      7. The collector may require from institutional, commercial and
    vi. The collector is asked to move his vehicle by an authorized           industrial customers a written acknowledgment of services rendered
government official or a member of the local police or fire depart-           (receipt). Such receipt will be provided by the collector and may state
(CITE 21 N,J,R. 2706)                 NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                 You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                             Interested Persons see Inside Front Cover                               PUBLIC UTILITIES

the date, time of arrival, time of departure, amount of refuse removed           (d) Container service monthly disposal charge shall be calculated
as well as other information reasonably necessary for account billing.         as follows:
The collector shall provide a copy of the receipt to the customer.                                                  ___ cubic yards.
                                                                                 I. Container size
  8. Where more than one rate schedule is available to a particular
customer, the utility shall have at all times the responsibility to assist      2. Number of pick-ups per week
such customers in the selection of the rate schedule most favorable                (or month)
for their individual requirements and to make every reasonable effort
                                                                                3. Multiply line I X line 2                cubic yards.
to ensure that such customers are served under the most advan-
tageous schedule.                                                               4. Multiply line 3 X 52 for week-
14:11-7.8 Directions for filing solid waste tariffs                                ly pick-up or 12 for monthly
                                                                                   pick-up                                 cubic yards/year.
   (a) All solid waste collection utility tariffs shall conform to the
outline prescribed in this subchapter. Language included in this sec-           5. Divide line 4 by 5                      compacted cubic yards
tion shall be incorporated exactly as outlined. All services and                                                           per year.
charges therefor shall be outlined using the component rate structures
and formulas provided in N.J.A.C. 14:/1-7.7 and this section unless             6. Divide line 5 by 3.3                    tons per year.
otherwise noted herein. Each type of service offered must be listed             7. Multiply line 6 by disposal
on a separate page, by county and arranged alphabetically by county.               cost per ton (exclusive of
All solid waste collection utilities shall, on or before December 31,              surcharges, taxes)          _ _ disposal charge per year.
1990, revise their tariffs to conform to the requirements of this
subchapter. All initial tariffs filed after December 31, 1989 shall             8. Divide line 7 by 12              _ _ monthly disposal charge.
conform to the requirements of this subchapter. The following steps
in (b) through (d) shall be used to convert existing tariff rates to the         (e) In converting to this tariff format, collection utilities shall be
format contained in this subchapter. The conversion methodology                required to certify, in a form prescribed by the Board, to the follow-
employed herein utilizes an average compaction ratio of five to one            ing:
for residential solid waste, and an average conversion ratio of 3.3               1. That rates have not changed as a result of the conversion to
cubic yards of compacted waste to one ton.                                     the uniform tariff;
   (b) Residential service (volume) monthly disposal charge shall be             2. That the disposal components contained in the tariff are based
calculated as follows:                                                         on the container weights established by the Board;
                                                                                 3. That no services have changed as a result of the conversion to
 1. Size of cans/bags picked up              gallons.                          the uniform tariff;
 2. Number of cans/bags          per                                             4. That no additional service areas or collection services have been
    pick-up                                                                    added during conversion to the uniform tariff;
                                                                                 5. That the tariff rates contained in the collector's uniform tariff
 3. Number of pick-ups per week              .                                 are and will continue to be charged to all customers of the utility;
 4. Multiply line I X line 2                                                   and
                                                                                 6. Effective with the Annual Report for the year 1990, a county
 5. Multiply line 4 X line 3           _ _ gallons per week.                   by county breakdown of disposal expenses, which includes allocation
                                                                               of disposal expenses among residential, commercial, industrial, and
 6. Multiply line 5 X 52 weeks = _ _ gallons per year.
                                                                               contractual (municipal segregated from others) services.
 7. Divide line 6 by 202 =                   cubic yards.
                                                                               14:11-7.9 Solid waste uniform tariff forms
 8. Divide line 7 by 5 =               _ _ compacted cubic yards.                (a) All solid waste collection utilities shall use the following forms
 9. Divide line 8 by 3.3 =                   tons/yr per customer.             in filing their solid waste uniform tariff:

10. Multiply line 9 by disposal                                                                      TARIFF COVER PAGE
    cost/ton (excluding taxes and
    surcharges)                              disposal cost/year.               1. Application
                                                                                  This Tariff contains the regulations and schedules of rates govern-
II. Divide line 10 by 12 =                   monthly disposal charge.          ing services and equipment furnished by a public utility and holder
                                                                               of a Certificate of Public Convenience and Necessity (# _ _ ) for
  (c) Residential service (weight) monthly disposal charge shall be            the collection and/or disposal of solid waste. The Utility's principal
calculated as follows>                                                         location is:
 I. Allowable weight per can/bag_ _ lbs.                                       street address                                                       _

 2. Number of cans/bags per                                                    town/city                                    ~state                  _
    pick-up                                                                    zip            ', telephone ( _ _ )                   _
 3. Number of pick-ups per week              .
                                                                               2. Territory Served
 4. Multiply line 2 X line 3
                                                                                 Solid Waste Collection Services are provided by the collector as
 5. Multiply line 4 X 52 weeks                                                 set forth in this document and are applicable in the Counties of:
 6. Multiply line 5 X allowable                                                                                   A
    weight of containers                     Ibs.                                                                 B
                                       ___ tons.                                                                  C
 7. Divide line 6 by 2000
                                                                                                                 etc.
 8. Multiply line 7 by disposal
                                                                                 By the filing of this Tariff Document, the Utility named above
    cost/ton (exclusive of                                                     agrees to conform with all rules and regulations promulgated by the
    surcharges, taxes)          ___ disposal cost/year.
                                                                               County Solid Waste Management Plans, the Board of Public Utilities
 9. Divide line 8 by 12                ___ monthly disposal charge.            and the New Jersey Department of Environmental Protection in
                                                                               accordance with NJ.S.A. 48:1 et seq., & N.J.S.A. 13:IE et seq.



                                       NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                      (CITE 21 N.J.R. 2707)
                                      You're viewing an archived copy from the New Jersey State Library.
PUBLIC UTILITIES                                                                                                                   PROPOSALS

3. Hours and Dates of Operation                                               5. Liability Statement
                                                                                (if applicable)
  The collector shall pick up waste between the hours of
_ _ _ _ _ a.m. and                 p.m. throughout the year
                                                                                                   RESIDENTIAL SERVICE
_ _ _ _ _ days per week with the exception of the following
holidays:                                               _
                                                                                   Table of Contents                                          Page
                                                                              I.   DESCRIPTION                                                  00
                                                                              2.   GENERAL PROVISIONS                                           00
                                                                              3.   CONTAINERS                                                   00
                                                                              4.   TERMS OF PAYMENT                                             00
                                                                              5.   APPLICATION OF CHARGES                                       00
   When a scheduled collection day occurs on a listed holiday, collec-
                                                                                   SERVICE CHARGE                                               00
tion will be made on the next scheduled day. In those cases where
collection is scheduled on one collection per week basis, collection               DISPOSAL CHARGE                                              00
will be made within 48 hours.
                                                                                                   RESIDENTIAL SERVICE
4. Change Notations                                                           I. Description
   When a tariff revision is submitted, new items are to be underlined.         This section contains the general provisions and charges applicable
Items to be removed from the tariff are to be placed in brackets              to the provision of residential solid waste service.
[    ]. All changes shall be followed by a listing of the Board's
Docket Numbers and the effective change date in parenthesis (         ).      2. General Provisions:
                                                                                Service is limited to collection and disposal of residential solid
                                                                              waste as defined in 14:11-7.6. Supplemental services, if any, are
                                                                              provided for in the miscellaneous service section of these forms.
                                                                              3. Containers:
                                                                                Containers are limited to a maximum capacity of                 _

4. TERMS OF PAYMENT:

                                                             RESIDENTIAL SERVICE
5. Application of Charges
     The rates contained herein do not include applicable taxes and surcharges. These charges are listed on the customer's bill as prescribed
in the Tariff Terms and Conditions N.J.A.C. 14:11-7.7(b).
Application in                   County               Waste Directed to                 Disposal Facility
          Service             Disposal Charge                         Additional                Monthly
          Charge              _ _ Containers Per                      Container                 Charge
                              Pick-up @ _ _ gals                      Charge
                              or Ibs. or                              (if applicable)
                              Per Container Charge
                              if applicable

Curbside Service (if applicable)
  X /wk                               +                         +
2 X /wk                               +                         +
other___                              +                         +
Walk in Service     *   (if applicabJe)
I X /wk                               +                         +
2 X /wk                               +                         +
other__                               +                         +
*Additional   Walk in Fee for each 50 ft. increment or part thereof beyond Standard walk in distance of 50 ft.

(Customer Note: To determine totaJ walk-in rate add appropriate additional walk in fee to total rate from above.

Drive in Service (if applicable)
J X /wk                               +                         +
2 X /wk                               +                         +
other__                               +                         +
    (Add pages for each county serviced. Arrange alphabetically by county.)




(CITE 21 N.J.R. 2708)                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                           You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                        Interested Persons see Inside Front Cover                              PUBLIC UTILITIES

      COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL                             3. Containers: (includes number and size of containers)
            SERVICE CONTAINER SERVICE

Table of Contents                                                Page
I.   DESCRIPTION                                                      00   4. Container Ownership:
2.   GENERAL PROVISIONS                                               00
3.   CONTAINERS                                                       00
4.   CONTAINER OWNERSHIP                                              00
5.   JOINT USE/SHARING                                                00
6.   TERMS OF PAYMENT                                                 00   5. Joint Use/Sharing
7.   APPLICAnON OF SERVICE CHARGES                                    00     Sharing of containers is prohibited unless prior arrangements are
                                                                           made with the collector concerning joint use of the container. Waste
                     CONTAINER SERVICE                                     quantity, container rental and service charges will be assessed based
                                                                           upon the percentage use of each customer.
I. Description
  This section contains the general provisions and charges applicable      6. Terms of Payment
to the provision of containerized general service.                         7. Application of Charges
2. General Provisions:                                                         The rates contained herein do not include applicable taxes and
                                                                           surcharges. These charges are listed on each customers bill as
                                                                           prescribed in Tariff Terms and Conditions N.J.A.C. 14:11-7.7(b).




                                                      WASTE TYPE-COMPACTED

                                                           DISPOSAL CHARGE
                            _ _ FREQUENCY OF SERVICE                       PICK-UPS PER WEEK/MONTH _ _
                                  1      2        3                           4         5      6      OTHER
                             I
            CONTAINER        2
              SIZE in        3
                cubic        4
                yards        5
                             6
                             7
                             8
                             9
                            10
                            II
                            12
                     OTHER
        SERVICE CHARGE

MINIMUM MONTHLY SERVICE CHARGE                                 _
                                                   (if applica ble)

7. Application of Charges
    The rates contained herein do not include applicable taxes and
             These charges are listed on each customers bill as
prescribed in Tariff Terms and Conditions N.J.A.C. 14:11-7.7(b).




                                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                    (CITE 21 N.J.R. 2709)
                                     You're viewing an archived copy from the New Jersey State Library.
PUBLIC UTILITIES                                                                                                              PROPOSALS

                                                      WASTE TYPE-UNCOMPACTED
                                                            Front   Rear   (circle one)

                                                              DISPOSAL CHARGE
                            _ _ FREQUENCY OF SERVICE                         PICK-UPS PER WEEK/MONTH _ _
                                  I      2        3                             4         5      6      OTHER
                             I
           CONTAINER         2
             SIZE in         3
               cubic         4
               yards         5
                             6
                             7
                             8
                             9
                            10
                            11
                            12
                        OTHER
        SERVICE CHARGE

MINIMUM MONTHLY SERVICE CHARGE                                      _
                                                      (if applicable)

7. Application of Charges
    The rates contained herein do not include applicable taxes and surcharges. These charges are listed on each customers bill as prescribed
in Tariff Terms and Conditions N.J.A.C. 14:11-7.7(b).

                                                            WASTE TYPE-BULKY

                                                              DISPOSAL CHARGE
                            _ _ FREQUENCY OF SERVICE                         PICK-UPS PER WEEK/MONTH _ _
                                  I      2        3                             4         5      6      OTHER
                                 I
           CONTAINER         2
             SIZE in         3
                cubic        4
                yards        5
                              6
                              7
                              8
                              9
                             10
                            II
                            12
                        OTHER
         SERVICE CHARGE

MINIMUM MONTHLY SERVICE CHARGE                                      _
                                                      (if applicable)

7. Application of Charges
    The rates contained herein do not include applicable taxes and surcharges. These charges are listed on each customers bill as prescribed
in Tariff Terms and Conditions N.J.A.C. 14: j J -7.7(b).




(CITE 21 N.J.R. 2710)                  NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
I                                          You're viewing an archived copy from the New Jersey State Library.
PROPOSALS
I                                                Interested Persons see Inside Front Cover                              PUBLIC UTILITIES

                                                           ON CALL SERVICE

                                                           DISPOSAL CHARGE

                                                                 WASTE TYPE
                                        BULKY            COMPACTED        I    UNCOMPACTED UNCOMPACTED
                                                                                 Front Load
                                                                                                  I
                                                                                             Rear Load
                                                                                                                       I     SERVICE
                                                                                                                              Charge
                             I
           CONTAINER         2
             SIZE in         3
              cubic          4
              yards          5
                             6
                             7
                             8
                             9
                            10
                            II
                            12
                        OTHER
ADDITIONAL CHARGES (if any)                                  _

CONTAINER RENTAL (if applicable)                                 _


             ROLLOFF SERVICE (Open Container)                             N.J.A.C. 14:11-7.6. Service is rendered via an open box type con-
                                                                          tainer which is rolled off or pulled on the chassis of a straight truck
Table of Contents                                                Page     or semi-trailer by gravitational or mechanical means.
I. DESCRIPTION                                                       00   3. Joint Use/Sharing
2. GENERAL PROVISIONS                                                00     Sharing of containers is prohibited unless prior arrangements are
3. JOINT USE/SHARING                                                 00   made with the collector concerning joint use of the container. Waste
4. TERMS OF PAYMENT                                                  00   quantity and container rental and service charges will be applied
5. SPECIAL PROVISIONS                                                00   based upon the percentage use of each customer.
     A                                                               00   4. Terms of Payment
    B                                                                00
    C                                                                00   5. Special Provisions
6. APPLICAnON OF CHARGES                                             00         (if applicable)
                                                                          A.
             ROLLOFF SERVICE (Open Container)
                                                                          B.
l. Description
  This section contains the general provisions and charges applicable     C.
to the provision of open container (limited and general) rolloff ser-
                                                                          6. Application of Charges
vice.
                                                                            The rates contained herein do not include applicable taxes and
2. General Provisions                                                     surcharges. These charges are listed on each customers bill as
 Service is limited to the collection and disposal of acceptable com-     prescribed in Tariff Terms and Conditions N.J.A.C. 14:11-7.7(b).
mercial, industrial. institutional or bulky solid waste as defined in

                                               ROLLOFF SERVICE (OPEN CONTAINER)

                                                            SERVICE CHARGE
                            _ _ _ FREQUENCY OF SERVICE                    PICK·UPS PER WEEK/MONTH _ _
                                    I      2        3                        4         5      6         OTHER
                                                                                                    (INCLUDES)
                                                                                                     (ON CALL)
                                                                                                    (if applicable)
                             15
            CONTAINER        20
             SIZE IN         25
              CUBIC          30
              YARDS          35
                             40
                         OTHER
Disposal Charge = Actual Disposal Charge at Designated Disposal facility.
Other Charges (includes rental, etc.)



                                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                    (CITE 21 N.J.R. 2711)
                                   You're viewing an archived copy from the New Jersey State Library.
PUBLIC UTILITIES                                                                                                                   PROPOSALS

6. Application of Charges
  The rates contained herein do not include applicable taxes and
surcharges. These charges are listed on each customers bill as
prescribed in Tariff Terms and Conditions N.J.A. C. 14: I J -7.7(b).

                                               ROLLOFF SERVICE (CLOSED COMPACTED)

                                                              SERVICE CHARGE
                            _ _ _ FREQUENCY OF SERVICE                      PICK-UPS PER WEEK/MONTH _ _
                                    I      2        3                          4         5      6        OTHER
                                                                                                     (INCLUDES)
                                                                                                      (ON CALL)
                                                                                                     (if applicable)
                             15
            CONTAINER        20
             SIZE IN         25
              CUBIC          30
              YARDS          35
                              40
                       OTHER
Disposal Charge = Actual Disposal Charge at Designated Disposal facility.
Other Charges (includes rental, etc.)


                  MISCELLANEOUS SERVICE                                     3B. Application of Charges
                                                                              The rates contained herein do not include applicable taxes and
Table of Contents                                                 Page      surcharges. These charges will be outlined on customers bills as
                                                                            prescribed in Tariff Terms and Conditions N.J.A.C. l4:11-7.7(b).
 I.   DESCRIPTION                                                    00
2.    GENERAL PROVISIONS                                             00     Service Charge/Disposal Charge
3.    BULKY WASTE COLLECTION                                         00        (applicable to On Call Service which requires special pick-ups for
3A.   TERMS OF PAYMENT                                               00     items or bulk too small for rolloff and too large for the hopper of
3B.   APPLICA TION OF CHARGES                                        00     a standard collection vehicle).
I.    SERVICE CHARGE                                                 00
                                                                            Items to be Collected                               Rate
II.   DISPOSAL CHARGE                                                00
                                                                                                                      Service          Disposal
4.    SEASONAL SERVICE                                               00     I Construction/demolition debris
4A.   TERMS OF PAYMENT                                               00
                                                                            2 stumps
48.   APPLICATION OF CHARGES                                         00
                                                                            3 stoves
5.    ADDITIONAL SERVICES                                            00     4 etc....
SA.   DESCRIPTION                                                    00     List types of waste handled.
5B.   TERMS OF PAYMENT                                               00
5C.   SPECIAL PROVISIONS                                             00     (Waste Directed to (         ) Disposal Facility)
5D.   APPLICATION OF CHARGES                                         00     4. Seasonal Service
                                                                               The following subsection contains the general provisions and
                  MISCELLANEOUS SERVICE                                     charges applicable to the provision of residential solid waste services
I. Description                                                              on a limited basis and restricted to collection and removal of yard
  This section contains the general provisions and charges applicable       clippings and garden waste.
to the provision of solid waste collection services which are ancillary        Service is provided on a seasonal basis from                     _
to a customer's main service and are not otherwise provided for in          to                 of each year.
other classes of service.                                                      Containers must not exceed _ _ (lbs. or gals.)
                                                                               Waste other than that provided for herein, WILL NOT BE RE-
2. General Provisions                                                       MOVED.
  Service is rendered on a limited basis.
                                                                            4A. Terms of Payment
                 BULKY WASTE COLLECTION                                     48. Application of Charges
3. Bulky Waste Collection                                                     The rates contained herein do not include applicable taxes and
  The following subsection contains the general provisions and              surcharges. These charges will be outlined on customer bills as
charges applicable to the provision of collection and removal services      prescribed in Tariff Terms and Conditions NJ.A.C. 14:11-7.7(b).
for bulky refuse as defined in Solid Waste Uniform Tariff definitions          I. Service Charges:
at N.J.A.C. 14:11-7.6 definitions section.
  Individual items placed out for collection, but not placed in a              II. Disposal Charges:
rolloff, should not exceed a gross weight of                         _
                                                                            5. Additional Service
  Waste placed out for collection should be neatly stacked or ar-             The following subsection contains the general provrsions and
ranged as to allow for safe, orderly collection.
                                                                            charges applicable to the provision of solid waste collection service
3A. Terms of Payment                                                        not otherwise provided for in the tariff.
                                                                              This section is reserved for solid waste utilities to outline those
                                                                            services not otherwise provided for in this document. General format
                                                                            procedures as described herein must be followed and all variations

(CITE 21 N.J.R. 2712)                 NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989
                                                You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                             Interested Persons see Inside Front Cover                                TRANSPORTATION

must be submitted by formal petition to the Board for consideration            ally will not have or cause any adverse impact on those persons affected
and approval.                                                                  by the rules, relative to the previous rules.
SA. Description or Senice:                                                                                  Ecenemlc Impact
                                                                                 The economic impacts are mandated primarily by the provisions of
58. Terms of Payment:                                                          changes in the Federal Laws of 1987. Since some of the changes are
5C. Special Provisions (if applicable):                                        administrative and procedural, substantial savings to the State should
                                                                               result in the administration of the law, primarily in reduction of paper-
5D. The rates contained herein do not include applicable taxes and             work and uniformity of procedures. The new provisions involvingagricul-
    surcharges. These charges will be outlined on customer bills as            tural and horticultural lands provide benefits to these classes of property
    prescribed in Tariff Terms and Conditions NJA.C.                           owners which should result in a modest increase in costs which will vary
    14:11-7.7(b).                                                              in amounts on a case by case basis.
                                                                                 The Department, State and individuals affected may incur direct and
  I. Service Charge:                                                           indirect costs involved in the arrangement and coordination of the formal
  II. Disposal Charge:                                                         appeal process before an Administrative Law Judge where there are
                                                                               contested cases, which is currently the situation under the existing rules.
Waste Directed to (           ) Disposal Facility                              Additionally, the person so affected may elect to be represented by legal
                                                                               counselor other representative at that person's expense.
                                                                                                    Regulatory flexibility Analysis
                  TRANSPORTATION                                                  The proposed new rules do not place any bookkeeping or recordkeep-
                                                                               ing requirements on small businesses as the term is defined by the Regu-
                        (8)                                                    latory Flexibility Act, N.J.S.A. 52:14B-16 et seq. They do not place
                                                                               compliance requirements on small businesses involved in the acquisition
DESIGN AND RIGHT OF WAY                                                        process, by way of limiting what mayor may not be reimbursable. The
DIVISION OF RIGHT OF WAY                                                       rules comply with the provisions of the Uniform Relocation Assistance
Bureau of Acquisitions                                                         and Real Property Acquisition Policies Act of 1970, the Uniform Reloca-
                                                                               tion Act Amendments of 1987and Title IV of the Surface Transportation
Proposed Repeals and New Rules: N.J.A.C.16:5                                   and Uniform Relocation AssistanceAct of 1987, Pub. L. 100-17, 101 Stat.
Authorized By: Robert A. Innocenzi, Acting Commissioner,                       246-256.
   Department of Transportation.                                                  Full text of the proposed repeal appears in the New Jersey Admin-
Authority: N.J.S.A. 27: I A-5, 27: I A-6, 27:7-22, 27:7-44.6, 20: I-I          istrative Code at N.J.A.C. 16:5.
   through 1-33 and the Uniform Relocation Assistance and Real
   Property Acquisition Policies Act of 1970, Pub. L. 91-646, as                 Full text of the proposal follows:
  amended.
Proposal Number: PRN 1989-458.                                                                             CHAPTER 5
  Submit comments by October 5, 1989 to:                                                                  ACQUISITIONS
        Charles L. Meyers                                                      SUBCHAPTER I.          GENERAL PROVISIONS
        Administrative Practice Officer
        Department of Transportation                                           16:5-1.1 Purpose
        1035 Parkway Avenue                                                      The rules in this chapter govern the acquisition of private property
        CN 600                                                                 for a public purpose by the Department of Transportation.
        Trenton, New Jersey 08625
                                                                               16:5-1.2 Definitions
The agency proposal follows:                                                      The following words and terms, as used in this chapter, have the
                                 Summary                                       following meanings, unless the context clearly indicates otherwise.
   The proposed new rules comply with the provisions of the amendments            "Agency" means the State of New Jersey, Department of Trans-
of the Uniform Relocation Assistance and Real Property Acquisition             portation, which is condemning private property for a public purpose
Policies Act of 1970, made by the Uniform Relocation Act Amendments            under the power of eminent domain.
of 1987Title IV of the Surface Transportation and Uniform Relocation              "Appraisal" means a written statement independently and im-
Act of 1987, (Pub. L. 100-17, 101 Stat. 246-256). The uniform regulations,     partially prepared by a qualified appraiser setting forth an opinion
policiesand operating procedures governing real property acquisition are       of defined value of an adequately described property as of a specific
published in full in the Federal Register.                                     date, supported by the presentation and analysis of relevant market
   The rules provide the process to be used in the appraisal and acquisition   information.
of right of way required for transportation improvements. The proposed            "Award" means the award of compensation made by the three
new rules provide the following:                                               commissioners appointed by the Court to determine the just com-
   Subchapter I provides the general definitions used within the rules         pensation.
concerning property acquisition.
                                                                                  "Compensation" means the just compensation which the Agency
   Subchapter 2 establishes basic acquisition policies criteria for ap-
praisals.                                                                      is required to pay and the owner is entitled to receive, according to
   Subchapter 3 describes the procedure to be followed in the condemna-        law, as the result of the condemnation of property.
tion process concerning agricultural and horticultural land.                      "Condemnation" means the taking of private property for a public
   Subchapter 4 describes the organization and procedures establishing         purpose under the power of eminent domain.
the exercise and delegation of powers to be followed.                             "Condemnee" means the owner of an interest in the private prop-
                                                                               erty being condemned for a public purpose under the power of
                               Social Impact                                   eminent domain.
   The intent of proposed new rules NJ.A.C. 16:5 is to comply with the            "Court" means the Superior Court of New Jersey.
provisions of the amendments of the Relocation Assistance and Real                "Initiation of negotiations" means the delivery of the initial written
Property Acquisition Policies Act of 1970, made by the Uniform Reloca-
                                                                               offer of just compensation by the Agency to the owner or the owner's
tion Act Amendments of 1987Title IV of the Surface Transportation and
Uniform Relocation Act of 1987, (Pub. L. 100-17. 101 Stat. 246-256).           representative to purchase the real property or such lesser interest
The rules are necessary and vital to the Department's acquisition oper-        as may be required.
ation since they provide an orderly and efficient procedure to provide            "Judgement" means the adjudication by the court of any issue of
for the acquisition of property required for Department of Transportation      fact or law, or both, arising under N.J.S.A. 20:3-1 et seq.
transportation projects. The rules will have a beneficialimpact and gener-        "Property" means land, or any interest in land and any building,
                                                                               structure or other improvement imbedded or affixed to land, and any

                                       NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                       (CITE 21 N.J.R. 2713)
                                You're viewing an archived copy from the New Jersey State Library.
TRANSPORTATION                                                                                                                     PROPOSALS

article so affixed or attached to such building, structure or improve-      to determining the value of the property and to suggest modification
ment as to be an essential and integral part thereof; any article affixed   in the proposed terms and conditions of the purchase. The Agency
or attached to such property in such manner that it cannot be re-           shall consider the owner's presentation.
moved without material injury to itself or to the property; and any            (f) Owners of improved properties where agreement is reached
article so designed, constructed, or specially adapted to the purpose       shall, upon acceptance and approval of the amount by the Com-
for which such property is used that it is an essential accessory or        missioner, be eligible for an advance down payment up to 25 pel
part of such property; it is not capable of use elsewhere; and would        cent of the purchase price, provided the amount of down payment
lose substantialIy alI its value if removed from such property.             does not exceed 75 per cent of their equity in the property.
   "Salvage value" means the probable sale price of an item, if offered        (g) If the information presented by the owner, or a material change
for sale on the condition that it will be removed from the property         in the character or condition of the property, indicates the need for
at the buyer's expense, allowing a reasonable period of time to find        new appraisal information, or if a significant delay has occurred since
a person buying with knowledge of the uses and purposes for which           the time of the appraisal(s) of the property, the Agency shall have
it is adaptable and capable of being used, including separate use of        the appraisal(s) updated or obtain a new appraisal(s). If the latest
serviceable components and scrap when there is no reasonable pros-          appraisal information indicates that a change in the purchase offer
pect of sale except on that basis.                                          is warranted, the Agency shall promptly reestablish just compensa-
   "Tenant" means a person who has the temporary use and occupan-           tion and offer that amount to the owner in writing. The updated
cy of real property owned by another.                                       appraisal should accompany the new fair market value offer.
   "Uneconomic remnant" means a parcel of real property in which               (h) The Agency shall not advance the time of condemnation or
the owner is left with an interest after the partial acquisition of the     defer negotiations or condemnation or the deposit of funds with the
owner's property, and which the Agency has determined it has little         court, or take any other coercive action in order to induce an agree-
or no value or utility to the owner.                                        ment on the price to be paid for the property.
                                                                               (i) The purchase price for the property may exceed the amount
SUBCHAPTER 2.          BASIC ACQUISITION POLICIES                           offered as just compensation when reasonable efforts to negotiate an
                                                                            agreement at that amount have failed and an authorized Agency
16:5-2.1 Basic acquisition policies
                                                                            official approves such administrative settlement as being reasonable,
   (a) The Agency shall make every reasonable effort to acquire real
                                                                            prudent, and in the public interest.
property expeditiously by negotiation.
                                                                               U) Before requiring the owner to surrender possession of the real
   (b) As soon as practicable, the owner shalI be notified of the
                                                                            property, the Agency shall pay the agreed purchase price to the
Agency's interest in acquiring the real property and the basic protec-
                                                                            owner, or in the case of condemnation, deposit with the court, for
tions, including the Agency's obligation to secure an appraisal and
                                                                            the benefit of the owner, an amount not less than the Agency's
to provide it to the owner.
                                                                            approved appraisal of the fair market value of such property, or the
   (c) Before the initiation of negotiations, the real property to be
                                                                            court award of compensation in the condemnation proceeding for
acquired shall be appraised, except as provided in (c)1 below, and
                                                                            the property. In exceptional circumstances, with the prior approval
the owner, or the owner's designated representative, shall be given
                                                                            of the owner, the Agency may obtain a right of entry for construction
an opportunity to accompany the appraiser during the appraiser's
                                                                            purposes before making payment available to an owner.
inspection of the property.
   J. An appraisal is not required if the owner is donating the prop-          (k) If the acquisition of only a portion of a property would leave
erty and releases the Agency from this obligation, or the Agency            the owner with an uneconomic remnant as defined at N.J.A.C.
determines that an appraisal is unnecessary because the valuation            16:5-1.I, the Agency shall have the right to acquire the uneconomic
problem is uncomplicated and the fair market value is estimated at          remnant along with the portion of the property needed for the
$2,500 or less, based on a review of available data.                        project.
   (d) Before the initiation of negotiations, the Agency shall establish       (I) If the Agency intends to acquire any interest in real property
an amount which it believes is just compensation for the real property      by exercise of the power of eminent domain, it shalI institute formal
or such lesser rights to be acquired. The amount shall not be less          condemnation proceedings and not intentionalIy make it necessary
than the approved appraisal of the fair market value of the property        for the owner to institute legal proceedings to prove the fact of the
being taken, taking into account the value of allowable damages or          taking of the real property.
benefits to any remaining property. The Agency shall make a written            (m) If the Agency permits a former owner or tenant to occupy
offer to the owner to acquire the property for the full amount believed     the real property after acquisition for a short term or a period subject
to be just compensation. A copy of the approved appraisal shall be          to termination by the Agency on short notice, the rent shall not
tendered to the property owner concurrent with the written offer.           exceed the fair market rent for such occupancy.
    J. The initial written purchase offer of just compensation shall           (n) If the owner of a real property improvement is permitted to
include:                                                                    retain it for removal from the project site, the amount to be offered
   i. A statement of the amount offered as just compensation. In the        for the interest in the real property to be acquired shall be not less
case of a partial acquisition, the compensation for the real property       than the difference between the amount determined to be just corn-
to be acquired and the compensation for damages, if any, to the             pensation for the owner's entire interest in the real property and the
 remaining real property shall be separately stated;                        salvage value, as defined at N.J.A.C. 16:5-1.1, of the retained im-
    ii. A description and location identification of the real property      provement.
and the interest in the real property to be acquired; and                   16:5-2.2 Cri teria for appraisals
   iii. An identification of the buildings, structures, and other im-         (a) The format and level of documentation for an appraisal depend
provements (including removable building equipment and trade fix-           on the complexity of the appraisal problem. The Agency shall de-
 tures) which are considered to be part of the real property for which      velop minimum standards for appraisals consistent with established
the offer of just compensation is made. Where appropriate, the state-       and commonly accepted appraisal practice for those acquisitions
ment shalI identify any separately held ownership interest in the           which, by virtue of their low value or simplicity, do not require the
property, for example, a tenant owned improvement, and indicate             in-depth analysis and presentation necessary in a detailed appraisal.
 that such interest is not covered by the offer.                            A detailed appraisal shall be prepared for all other acquisitions. A
   (e) The Agency shalI make reasonable efforts to contact the owner        detailed appraisal shall reflect nationally recognized appraisal stan-
or the owner's representative and discuss its offer to purchase the         dards, including, to the extent appropriate, the Uniform Appraisal
property, including the basis for the offer of just compensation, and       Standards for Federal Land Acquisition. An appraisal must contain
explain its acquisition policies and procedures, including its payment      sufficient documentation, including valuation data and the ap-
of incidental expenses in accordance with N.J.A.C. 16:5-2.5.                praiser's analysis of that data, to support his or her opinion of value.
    I. The owner shalI be given reasonable opportunity to consider          At a minimum, a detailed appraisal shall contain the following items:
 the offer and present material which the owner believes is relevant

(CITE 21 N.J.R. 2714)                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                You're viewing an archived copy from the New Jersey State Library.
 IWPOSALS                                          Interested Persons see Inside Front Cover                                TRANSPORTATION

   l. The purpose and/or the function of the appraisal, a definition           (b) Any building, structure, or other improvement, which would
  . the estate being appraised, and a statement of the assumptions          be considered to be real property if owned by the owner of the real
  id limiting conditions affecting the appraisal;                           property on which it is located, shall be considered to be real prop-
   2. An adequate description of the physical characteristics of the        erty.
  'operty being appraised (and, in the case of a partial acquisition;           (c) Just compensation for a tenant-owned improvement is the
  I adequate description of the remaining property); a statement of         amount which the improvement contributes to the fair market value
  e known and observed encumbrances, if any; title information;             of the whole property, or its salvage value, whichever is greater.
  cation; zoning; present use; an analysis of highest and best use; and         (d) No payment shall be made to a tenant-owner for any real
    least a five year sales history of the property;                        property improvement unless:
   3. All relevant and reliable approaches to value consistent with             l. The tenant-owner, in consideration for the payment, assigns,
 imrnonly accepted professional appraisal practices. When sufficient        transfers, and releases to the Agency, all of the tenant-owner's right,
  arket sales data are available to reliably support the fair market        title, and interest in the improvement;
 due for the specific appraisal problem encountered, the Agency, at             2. The owner of the real property on which the improvement is
 s discretion, may require only the market approach. If more than           located disclaims all interest in the improvement; and
 ne approach is utilized, there shall be an analysis and reconciliation         3. The payment does not result in the duplication of any com-
 f approaches to value that are sufficient to support the appraiser's       pensation otherwise authorized by law.
 pinion of value;                                                               (e) Nothing in this section shall be construed to deprive the tenant-
   4. A description of comparable sales, including a description of         owner of any right to reject payment under this section and to obtain
 J relevant physical, legal, and economic factors such as parties to        payment for such property interests in accordance with other appli-
 ie transaction, source and method of financing, and verification by        cable law.
   party involved in the transaction;
   5. A statement of the value of the real property to be acquired          16:5-2.5 Expenses incidental to transfer of title to the Agency
 nd, for a partial acquisition, a statement of the value of the damages       (a) The owner of the real property shall be reimbursed for all
 nd benefits, if any, to the remaining real property, where ap-             reasonable expenses the owner necessarily incurred for the following:
 ropriate; and                                                                 I. Recording fees, transfer taxes, documentary stamps, evidence
   6. The effective date of valuation, date of appraisal, signature, and    of title, boundary surveys, legal descriptions of the real property, and
 ertification of the appraiser.                                             similar expenses incidental to conveying the real property to the
   (b) To the extent permitted by applicable law, the appraiser shall       Agency. However, the Agency is not required to pay costs solely
 isregard any decrease or increase in the fair market value of the          required to perfect the owner's title to the real property;
eal property caused by the project for which the property is to be            2. Penalty costs and other charges for prepayment of any preexist-
cquired, or by the likelihood that the property would be acquired           ing recorded mortgage entered into in good faith encumbering the
or the project, other than that due to physical deterioration within        real property; and
Ile reasonable control of the owner.                                          3. The pro rata portion of any prepaid real property taxes which
   (c) The Agency shall establish criteria for determining the mini-        are allocatable to the period after the Agency obtains title to the
num qualifications of appraisers. Appraiser qualifications shall be         property or effective possession of it, whichever is earlier.
onsistent with the level of difficulty of the appraisal assignment. The       (b) Whenever feasible, the Agency shall pay these costs directly
vgency shall review the experience, education, training, and other          so that the owner will not have to pay such costs and then seek
[ualifications of appraisers, including review appraisers, and utilize      reimbursement from the Agency.
only those determined to be qualified.                                      16:5-2.6 Certain litigation expenses
   (d) No appraiser or review appraiser shall have any interest, direct        (a) The owner of the real property shall be reimbursed for any
Ir indirect, in the real property being appraised for the Agency that       reasonable expenses, including reasonable attorney, appraisal, and
vould in any way conflict with the preparation or review of the             engineering fees, which the owner actually incurred because of a
.ppraisaI. Compensation for making an appraisal shall not be based          condemnation proceeding, if:
m the amount of the valuation. No appraiser shall act as a negotiator          l. The final judgment of the Court is that the Agency cannot
or real property which that person has appraised, except that the           acquire the real property by condemnation;
\gency may permit the same person to both appraise and negotiate               2. The condemnation proceeding is abandoned by the Agency
m acquisition when the value of the acquisition is $2,500 or less.          other than under an agreed upon settlement; or
  6:5-2.3 Review of appraisals                                                 3. The Court having jurisdiction renders a judgment in favor of
   (a) A qualified reviewing appraiser shall examine all appraisals to      the owner in an inverse condemnation proceeding or the Agency
 issure that they meet applicable appraisal requirements and shall,         effects a settlement of such proceeding.
 irior to acceptance, seek necessary corrections or revisions.              16:5-2.7 Donations
   (b) If the reviewing appraiser is unable to approve or recommend           An owner whose real property is being acquired may, after being
 ipproval of an appraisal as an adequate basis for the establishment        fully informed by the Agency of the right to receive just compensation
If the offer of just compensation, and it is determined that it is not      for such property, donate such property or any part thereof, any
oractical to obtain an additional appraisal, the reviewing appraiser        interest therein, or any compensation paid therefor, to the Agency
nay prepare a fuJly documented appraisal to support an approved             as such owner shall determine. The Agency is responsible for assuring
or recommended value.                                                       that an appraisal of the real property is obtained unless the owner
   (c) The reviewing appraiser's certification of the recommended or        releases the Agency from such obligation, except as provided in
approved value of the property shaJl be set forth in a signed statement     N.J.A.C. 16:5-2.I(c)1.
which identifies the appraisal reports reviewed and explains the basis
'or such recommendation or approval. Any damages or benefits to             16:5-2.8 Condemnation
my remaining property shall also be identified in the statement.               Where title is unmarketable, price agreement cannot be reached,
                                                                            or the owners cannot be located, the Agency will initiate condemna-
16:5-2.4 Acquisition of tenant-owned improvements                           tion proceedings in accordance with N.J.S.A. 20:3-1 et seq.
  (a) When acquiring any interest in real property, the Agency shall
offer to acquire at least an equal interest in all buildings, structures,   SUBCHAPTER 3.         AGRICULTURAL OR HORTICULTURAL
nr other improvements located upon the real property to be acquired,                              LAND
which it requires to be removed or which it determines will be
adversely affected by the use to which such real property will be put.      16:5-3.1 Authority
This shall include any improvement of a tenant-owner who has the              All provisions of this subchapter were adopted by the Com-
right or obligation to remove the improvement at the expiration of          missioner of Transportation, pursuant to authority delegated at
the lease term.                                                             N.J.S.A. 20:3-29.1, which became effective July 17, 1986.

                                     NEW JERSEY REGISTER, TUESDA Y, SEPTEMBER 5, 1989                                     (CITE 21 N.J.R. 2715)
                                You're viewing an archived copy from the New Jersey State Library.
TRANSPORTATION                                                                                                                         PROPOSALS

16:5-3.2 General provisions
   The Agency, in condemning agricultural or horticultural land
                                                                                                               (a)
which is eligible for valuation, assessment and taxation under the         RIGHT OF WAY
Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq., shall         DIVISION OF TRAFFIC ENGINEERING AND LOCAL
compensate the condemnee for any loss of income resulting from the
interference of the condemnation with the harvesting of any standing         AID
crops or other agricultural commodities, in an amount determined           BUREAU OF LOCAL AID DISTRICT OPERATIONS
according to their appropriate time of harvest, and for the remainder      New Jersey Bridge Rehabilitation and Improvement
of their average productive life, separate and apart from compensa-
tion for the fair market value of the land.
                                                                             Fund: State Aid to Counties and Municipalities
                                                                           Proposed New Rules: N.J.A.C.16:21A
16:5-3.3 Eligibility requirements
   To be considered eligible for compensation, a property must be          Authorized By: Robert A. Innocenzi, Acting Commissioner,
eligible for valuation, assessment and taxation under the Farmland           Department of Transportation.
Assessment Act of 1964. The property must contain at least five acres,     Authority: N.J.S.A. 27:1A-5, 27:IA-6, 27:7-13, 7-47 and the New
have been actively used for revenue producing agricultural or horti-         Jersey Bridge Rehabilitation and Improvement Bond Act of
cultural purposes over the past three years and have provided an              1983, P.L. 1983, c.363.
income of at least five hundred dollars ($500.00) in the aggregate and     Proposal Number: PRN 1989-451.
fifty dollars ($50.00) per acre per year. Additionally, the property         Submit comments by October 5, 1989 to:
must be currently planted in crops and the condemnation proceedings                 Charles L. Meyers
must interfere with the harvesting of the crop. In the case of annual               Administrative Practice Officer
crops, it is the Agency's policy to allow the harvesting of the current             Department of Transportation
crop, consistent with the requirement of the State's construction, as               1035 Parkway Avenue
determined by the Agency.                                                           CN 600
                                                                                    Trenton, New Jersey 08625
16:5-3.4 Valuation of standing crop income                                 The agency proposal follows:
  The anticipated annual acreage income from the standing crop
over its remaining average productive life will be developed for the                                         Summary
Agency by a qualified agricultural expert, as determined by the Agen-         Under the "sunset" and other provisions of Executive Order No. 66
cy. The specialist will estimate the average remaining productive life     (1978), N.J .A.C. 16:21 A, New Jersey Bridge Rehabilitation and Improve-
of the crop, the average anticipated gross income from the impacted        ment Fund: State Aid to Counties and Municipalities, expired on August
crop and the anticipated expenses related to harvest and sale of the       20, 1989. The Bureau of Local Aid Highway Design has reviewed these
produce. The net anticipated income from the crop over the average         rules and has determined them to be necessary, reasonable, and proper
                                                                           for the purpose of which they were originally promulgated. Under the
remaining productive life of the crop will then be capitalized by the      provisions of N.J.A.C. I:30-4.4, the Department is proposing the expired
Agency into a present value.                                               rules as new rules, with technical changes at N.J.A.C. l6:2IA-1.3.
16:5-3.5 Negotiations                                                         These rules were proposed to implement provisions and purposes of
  The appraised valuation of the crop will be tendered to the con-         the New Jersey Bridge Rehabilitation and Improvement Bond Act of
demnee concurrent with, but separate and apart from, the fair market       1983; P.L. 1983, c. 363, effective October 4, 1983. The Department in
value real estate offer. Where prolonged negotiations have allowed         compliance with the provisions of the Bond Act and applicable rules must
one or more harvest seasons to pass, where the condemnee has had           ensure and maintain a safe and reliable transportation system. Addition-
                                                                           ally, a safe and reliable system of rail and road transportation is essential
the opportunity to reap the crops, or upon the Agency taking pos-
                                                                           to the well-being of the citizens and the economy of the State.
session of the property pursuant to a condemnation action, the valu-          The funds under the Act are appropriated by the Legislature as the
ation of the standing crop will be updated to reflect the reduction        State's share of the cost for construction, reconstruction, replacement,
in the average remaining productive life and also to eliminate crop        improvement, repair or rebuilding of bridges carrying county or munici-
income realized by the condemnee for harvesting the taken property.        pal roads, including railroad overhead bridges.
16:5-3.6 Condemnation                                                         The subchapters are summarized as follows:
  Offers of compensation tendered under this subchapter will not be           N.J.A.C. 16:21A-1 outlines the general provisions of the regulations.
considered a part of the valuation of the real property for the purpose       N.J.A.C. 16:2IA-2 prescribes the responsibility of the local government
                                                                           in the preparation of plans and specifications.
of acquisition of the real property.                                          N.J.A.C. 16:2IA-3 provides the procedure to be followed in the award-
16:5-3.7 Appeals                                                           ing of contracts.
  The condemnee may appeal the Agency's determination as to                   N.J.A.C. 16:2IA-4 describes the cost sharing or cost participation by
amount of, or eligibility for, payments under this subchapter, in          the responsible agency.
accordance with N.J.A.C. 16:6-3.3.                                            N.J.A.C. 16:2IA-5 establishes guidelines concerning audits to be under-
                                                                           taken by counties and municipalities which are the recipients of State
SUBCHAPTER 4.         ORGANIZAnON AND PROCEDURES                           grants and aid programs and Federal pass-through funds.
                                                                              The Department therefore proposes as new rules expired N.J.A.C.
16:5-4. J Exercise of powers                                               16:21A with amendments in compliance with P.L. 1983, c. 363, the New
  The Department of Transportation may exercise, on behalf of any          Jersey Bridge Rehabilitation and Improvement Bond Act of 1983.
county, municipality, or other entity, as the case may be, the powers
                                                                                                          Social Impact
granted to these agencies under N.J.S.A. 20:3-1 et seq.                      The proposed new rules will provide a source of added revenues to
16:5-4.2 Delegation of powers                                              the State and local government in the rehabilitation and improvement
  Ordinarily, the Bureau of Acquisition and Appraisals, within the         of bridges. The rules will also assist in providing a safe and reliable system
Division of Right of Way, will be responsible for administering these      of rail and road transportation which is essential to the well being of
rules and the attendant Federal and State laws, on behalf of the           the citizens and the economy of the State.
Commissioner of Transportation.                                                                         Economic Impact
16:5-4.3 Federal law                                                         The Department and local government will incur direct and indirect
                                                                           cost for its workforce in the processing of plans and specifications, cost
  The administration of acquisition procedures shall be provided
                                                                           of engineering, contractual agreements and cost sharing regarding the
consistent with applicable Federal laws and regulations.
                                                                           specific rehabilitation or improvement project. Audit costs incurred by
                                                                           the municipality will be borne by the municipality.


(CITE 21 N.J.R. 2716)                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                You're viewing an archived copy from the New Jersey State Library.
 f>ROPOSALS                                         Interested Persons see Inside Front Cover                                           EDUCATION

                    Regulatory Flexibility Statement                           In nearly all significant respects, the two routes are comparable in their
  The proposed new rules do not place any bookkeeping, recordkeeping        minimum requirements, though different in format. Candidates in both
rr compliance requirements on small businesses as the term is defined       routes must receive a liberal education, complete an appropriate academic
oy the Regulatory Flexibility Act, N.J.S.A. 52:l4B-16 et seq. The rules     major and pass a State subject test. In addition, candidates in both routes
orimarily affect counties and municipalities.                               must complete study of a common body of professional knowledge. The
                                                                            topics for this requirement were defined as part of an elaborate public
 Full text of the proposed new rules may be found in the New Jersey         process by a panel of nationally recognized educators, under the chair-
Administrative Code at N.J.A.C. l6:2IA.                                     manship of Ernest Boyer, as those essential to the preparation of teachers
  Full text ofN.J.A.C. l6:2IA-I.3, reflecting technical changes from        for certification. "Traditional route" candidates complete this study
the expired rule, follows:                                                  before employment as part of their college programs, while "alternate
                                                                            route" candidates do so in conjunction with employment.
16:2lA-1.3 Standards                                                           However, a difference exists with respect to the way in which the
   (a) The proposed bridge improvement projects shall conform to            practical classroom teaching competencies of the two types of candidates
the design criteria of the appropriate American Association of State        are developed and assessed for purposes of standard certification. This
Highway and Transportation Officials publication or New Jersey              difference arises from the fact that "alternate route" candidates must
Department of Transportation Standards listed below. Any excep-             spend their first year of employment working under provisional certifica-
tions to these design criteria must be justified by the local engineer      tion as salaried full-time teachers. During this extended immersion, their
to be in the public interest.                                               classroom teaching competencies are developed and evaluated by district
   I. New Jersey Department of Transportation for Resurfacing,              professionals who work in daily proximity to the candidates as members
Restoration and Rehabilitation of Highways and Streets;                     of candidates' support teams. Only after completing this extensive and
                                                                            intensive experience are alternate candidates eligible for standard
   2. A Policy on Geometric Design of Highways and Streets;
                                                                            certification.
   3. Standard Specifications for Highway Bridges.
                                                                               "Traditional" candidates, however, are not required as beginning
   (b) Construction and materials shall conform with the current
                                                                            teachers to serve a provisional year, nor are they provided local mentors,
New Jersey State Department of Transportation Standard Specifi-             developmental support or certification evaluations. They are assumed not
cations for Road and Bridge Construction.                                   to need them by virtue of their having completed practice teaching ex-
                                                                            periences in college. Therefore, they are certified permanently before they
                                                                            ever actually serve as employed teachers and, when they are hired for
                                                                            the first time as "traditionally prepared" beginning teachers, they need
                        EDUCATION                                           not receive any more support than is provided to experienced teachers.
                                                                               College practica are an important and valuable part of "traditional"
                                  (a)                                       preparation programs. Candidates who have completed these practice
                                                                            teaching experiences should be permitted to take over their initial jobs
STATE BOARD OF EDUCA·r10N                                                   without the intensive induction that inexperienced "alternate route"
Provisional Certification of First-Year Teachers                            teachers must complete before they assume full responsibility for a
                                                                            classroom. However, college practica do not obviate the need for support
Proposed Repeals and New Rules: N.J.A.C. 6:11-5.1                           and assessment of "traditionally" prepared teachers during their first year
  and 5.2                                                                   of employment.
Proposed Repeal: N.J.A.C. 6:11-5.3                                             It is worth noting that New Jersey remains one of only three states
                                                                            in the country that allow "traditionally prepared" teacher candidates to
Proposed Recodifications with Amendments:                                   earn permanent licenses before they have ever served as employed
  N.J.A.C. 6:11-5.4, 5.5, 5.6 and 5.7                                       teachers. A growing number of states has moved toward the establishment
Proposed Amendment: N.J.A.C. 6:11-7.2                                       of district-based support programs as a primary means of developing and
Authorized By: Saul Cooperman, Commissioner, Department of                  assessing the classroom competency of newly employed beginning
  Education; Secretary, State Board of Education.                           teachers for permanent certification. The State Board of Education's
Authority: N.J.S.A. 18A:I-l, 18A:4-l5, l8A:6-7, l8A:6-34,                   recently adopted policies for certifying school principals and substance
                                                                            awareness coordinators also require "provisional residencies" of all appli-
   18A:6-38, 18A:7-38 and 18A:26-IO.
                                                                            cants.
Proposal Number: PRN 1989-464.                                                 Clearly, all beginning teachers are vulnerable, regardless of their
  Submit comments by October 5, 1989 to:                                    academic preparation, to the possibility that they will not succeed once
        Irene Nigro, Rules Analyst                                          they are employed. The new staff member's chances of success are
        State Department of Education                                       enhanced, however, when his or her employing organization recognizes
        225 West State Street, CN 500                                       his or her special needs and when principals and other supervisors are
        Trenton, New Jersey 08625                                           committed to providing special support and direction. They are enhanced
The agency proposal follows:                                                as well when the beginning teacher is able to turn for advice and assistance
                                                                            to an experienced colleague who occupies a similar position.
                                 Summary                                       Certain types of training simply are better accomplished as an integral
   In 1984, the State Board of Education adopted major changes in rules     part of initial employment. Among the most obvious types is the develop-
governing the preparation and certification of teachers. These changes      ment of performance competency. In addition, the State's decision to
included the revision of standards for approved college teacher education   issue or not issue a permanent license is more valid when it takes into
programs as well as the creation of an alternate preparation route to       account actual, rather than just "practice," job performance over a
replace emergency certification procedures. At the time these reforms       reasonably extended period.
were adopted, the Department was urged to monitor the new system in            New Jersey's experience of the past four years has underscored the
order to determine any additional changes that should be made after three   importance of these basic principles. Both types of beginning teachers,
to five years of implementation.                                            "alternate" and "traditional," have proven vulnerable to the possibility
   Indeed, in each of the past four years the Department has monitored      of not succeeding on the job. "Alternate" teachers have significantly
the system carefully and has presented several public reports on new        lower first-year attrition rates than other beginning teachers. Observers
teachers who have come through the system, their scores on certification    of the Provisional Teacher Program, as well as provisional teachers them-
tests, and aspects of their preparation. Independent organizations, such    selves, most often attribute this success to the support provided by mentor
as the Council on Basic Education, also have conducted and published        teachers and the special supervision provided by principals and other
studies of the system.                                                      supervisors. Yet, as stated above, "traditionally prepared" first-year
   The information gathered over the past four years has underscored the    teachers are not provided this support despite their relatively high attri-
soundness of the system of "traditional" and "alternate" routes. The        tion rates.
juxtaposition of two approaches to attracting and training teachers has        In addition, those first-year "alternate" teachers who do not succeed
produced a healthy competition, and the Department remains strongly         are given a second opportunity and, if they do not succeed after two years,
committed to supporting and encouraging both.

                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                        (CITE 21 N.J.R. 2717)
                                  You're viewing an archived copy from the New Jersey State Library.
EDUCATION                                                                                                                                       PROPOSAL1

they are denied permanent certification and prevented from trying again.              Experience of the past several years suggests that this number is mor
The larger proportions of "traditionally prepared" first-year teachers who         than is minimally needed, and the Department recommends that it b
do not succeed may continue to try indefinitely, and they retain per-              reduced to at least nine. This change will allow district teams the tlexibilit
manent certificates even if they ultimately never achieve success given            to provide more than the minimum number of formal observations i
multiple opportunities in various positions.                                       those cases where more is needed. Responsibility for these nin
    Based on its careful review of the system over the past five years, the        "coaching" observations are distributed among members of the first-yea
Department believes that it is essential to the public interest that all           teacher's Support Team, which must include the principal and one mento
beginning teachers who are first-time candidates for New Jersey certifica-         teacher but may include other persons as well at the discretion of th
tion be required to serve as provisionally certified teachers during their         principal.
first year of employment. During that year, they should receive the same              The requirement of three formal evaluations would be continued, an
observations and evaluations from local support teams that alternate               these must be conducted by certified supervisors.
candidates now receive. Like "alternate" candidates, these other first-year                                         Partnerships
teachers should be eligible for permanent certification only at the end               Primary responsibility for operating provisional support program
of the provisional year.                                                           must be pinpointed with local district professionals, those persons who
    Under the proposed approach, "traditional" candidates would con-               work in daily close proximity to first-year teachers, under the auspice
tinue to be able to complete the following, prior to employment, at in-            of the new teacher's employing organization.
State and out-of-State college programs: liberal education, subject matter            At the same time, the current rules governing the provisional prograr
preparation, professional education coursework and practice teaching.              encourage partnerships with academic institutions. The rules require dis
Upon graduating and passing the NTE, which is an exam administered                 tricts to show evidence of having sought the involvement of colleges i
nationwide to New Jersey applicants for teacher certification, these col-          their local programs (N.J.A.C. 6:11-5.4(c)) and, unless they are unabl
lege program graduates would receive a Certificate of Eligibility with             to arrange collegiate participation, to appoint a college faculty membe
Advanced Standing. This document would be similar to the Certificate               to the local Support Team of each provisional first-year teacher (NJ.A.C
of Eligibility that is used to qualify "alternate" candidates to seek              6: 11-5.5(c)).
provisional employment. However, it would indicate those aspects of                   These same rules would be retained in the proposed amendment
professional training that the candidate completed as part of a college            concerning local support programs for "traditionally" prepared first-yea
program.                                                                           teachers. In addition, the Department has awarded six grants totallin
    When offered employment, the college program graduate would be                 $350,000 to consortia of school districts and colleges to identify ways 0
issued a one-year provisional certificate. Unlike alternate candidates,            maximizing the potential for partnership that is embodied in these rules
college program graduates would be able immediately to assume full                 The six consortia, each of which is developing its recommendations unde
responsibility for a classroom and would be exempted from the month-               the coordination of a lead district, involves 47 school districts and fiv
long seminar practicum that alternate candidates must complete before              New Jersey colleges statewide. The resultant models will be complete.
they take over an assignment. They would be exempted as well from the              prior to the implementation of the proposed amendments and they wil
200 hours of coursework required of alternate candidates, having already           be considered as a means of guiding such implementation and of improv
completed such study in their college programs.                                    ing the current system.
    However, the employing district would have to form a Support Team
to conduct the same number of developmental observations and formal                                       Proposed Rule Modifications
certification evaluations that are required for "alternate" first-year                At N.J.A.C. 6: t 1-5, State Approved District Training Programs, th
teachers. At the end of the "traditional" candidate's provisional year, the        proposal includes repeal, recodification, amendments and new rule
principal in charge of the support and evaluation teams would, as an               which establish requirements for the provisional and standard certifica
agent of the state Licensing system, recommend that the State Board of             tion of teachers. In addition, the rules that currently govern provisiona
Examiners: I. certify the candidate permanently; or 2. extend his or her           support programs for alternate route candidates would be amended te
provisional certificate a second year; or 3. terminate consideration of the        apply to all first-time applicants for New Jersey instructional certificates
candidate for certification. These procedures are already specified in the         and refined in accordance with the recommendations presented above
Code, as are due process procedures for contested certification rec-                  At N.J.A.C. 6:11-7.2, Admission, retention and graduation of students
ommendations (see: NJ.A.C. 6:11-5.5(c)).                                           the proposed amendment would clarify that completion of an approve,
    Clearly, standard teaching certificates would be issued more selectively       college program would result in issuance of a Certificate of Eligibilit:
under the proposed system. Yet, because the provisional experience com-            with Advanced Standing.
bines rigorous evaluation with support and development, it actually helps                                         Social Impact
to enhance job security. In New Jersey, provisional teachers leave their              The proposed amendments and new rules will directly affect the ap
jobs up to four times less frequently than other first-year teachers. As           proximately 1000 inexperienced first-year teachers who are hired annual!
indicated above, observations of the two systems suggest strongly that             in New Jersey public schools. The primary effect of the proposed amend
 this difference is attributable largely to the provisional support and de-        ments and new rules will be to provide new teachers with on-the-jot
velopment program of the alternate route.                                          support and supervision that will help them to succeed. It is likely tha
                   Implementation of the Proposed System                           this increased success will produce lower attrition rates among thesr
    The proposed provisional support program would be required begin-              teachers. Over the past four years, the alternate certification route, whicl
 ning September 1991 for all candidates applying for a New Jersey instruc-         already provides first-year support, has helped to generate attrition rate
 tional certificate for the first time. Therefore, it would apply to this year's   that are two to four times lower than those of beginning teachers whr
 sophomore classes of in-State and out-of-State college preparation pro-           do not receive such support. The public will benefit from a more stabf
 grams, and to reciprocity applicants applying after September 1991.               and successful force of first-year teachers.
    It would not apply, either retrospectively or in the future, to any               The proposed amendments and new rules will also deny permanen
 applicant for a New Jersey instructional endorsement who already holds            teaching licenses to the relatively few first-year teachers who are unabf
 another New Jersey instructional endorsement. The experiences of the              to perform successfully despite increased support and supervision. Thi
 provisional support program are generic and not endorsement-specific.             general public will benefit from the screening of those new teachers whr
 Therefore, they should not be required of persons who have completed              cannot achieve a minimal level of success.
 the experiences or their equivalent in prior service.
                                                                                                                 Economic Impact
                               Other Refinements
                                                                                      The proposed amendments and new rules would not have a significan
    Various independent studies of the current system and the Depart-              economic impact on the local districts since the cost of the certificatior
 ment's own observations of that system indicate a need to adjust the
                                                                                   training is funded by candidate fees. The program will utilize existin;
 number of formal developmental observations that provisional teachers
                                                                                   administrative resources of the public school districts. As noted in th.
 receive. Currently, alternate candidates must receive 15 formative ob-
                                                                                   Summary above, the state Department of Education has awarded grant:
 servations and three evaluations during their provisional year. These
                                                                                   totalling $350,000 to consortia of school districts and colleges to explore
 requirements were recommended five years ago by a panel and the specific          ways in which the support and supervision of first-year teachers migh
 number of 15 formative observations was arrived at arbitrarily. This
                                                                                   be improved qualitatively.
  requirement was intended to err on the side of stringency.
                                                                                      The proposed mentoring services would be funded by a fee paid b]
                                                                                   the first-year teacher. This fee, which is now set in the alternate certifica

(CITE 21 N.J,R. 2718)                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                   You're viewing an archived copy from the New Jersey State Library.

f>ROPOSALS                                              Interested Persons see Inside Front Cover                                             EDUCATION

ion route by local districts with state Department of Education coordi-             4. Completion of a baccalaureate or postbaccalaureate teacher
ration, is currently $900 per year.                                               preparation program in one of the states party to the Agreement,
  Since the program is fiscally self sustaining, there is no significant direct   approved by the state department of education of the state in which
.ost to the public.                                                               the college is located, provided the college and program are ap-
                   Regulatory Flexibility Statement                               proved, the specific program completed by the applicant was ap-
  A regulatory flexibility analysis is not required because the proposed          proved on or after January I, 1964, and the state in which the college
'ules and amendments do not impose reporting, recordkeeping or other              is located would issue the applicant a comparable certificate.
:ompliance requirements on small businesses, but impact solely upon                  5. Completion of 27 months of appropriate teaching experience
\lew Jersey school districts and schools operated by the New Jersey               in states in the Agreement, within seven years prior to applying for
)epartment of Education.                                                          a certificate in another state in the Agreement, a comparable valid
                                                                                  standard or advanced certificate, still in force, issued by one of the
 Full text of the proposal follows (additions shown in boldface
                                                                                  states in the Agreement, and the appropriate degree required for the
hus; deletions shown in brackets [thus]).
                                                                                  certificate in the receiving state.
iUBCHAPTER 5.           [BASIS FOR ISSUANCE OF STANDARD                              (b) All applicants who present satisfactory preparation, ex-
                        TEACHER CERTIFICATION]                                    perience, or certificates from other states must also pass a State test
                         REQUIREMENTS FOR INSTRUCTIONAL                           of subject matter or a State test of general knowledge for elementary
                        CERTIFICATION                                             and nursery education in order to receive a standard New Jersey
                                                                                  certificate. All such applicants shall be eligible to take the test on
   [6: 11-5.1 General procedure                                                   the basis of preparation and experience by another state.]
   (a) New Jersey standard instructional certificates are issued to
applicants who:                                                                   6:11-5.1 Requirements for the provisional certificate
   I. Possess a baccalaureate degree from an accredited institution,                 (a) To be eligible for the provisional certificate in instructional fields,
who have completed approved teacher education programs in New                     the candidate shall:
Jersey colleges and universities (seee NJ .A.C. 6: 11-7) or equivalent               1. Hold a bachelor's degree form an accredited college or university;
programs in out-of-State institutions approved for teacher education                 2, Complete at least 30 credits in a coherent major appropriate to
by the State Department of Education of the state in which the                    the instructional field;
college is located and who have passed a test of subject matter                      3. Pass a State test of subject matter knowledge for fields of teaching
knowledge in the appropriate subject teaching field(s) or a test of               specialization or a test of general knowledge for the elementary en-
general knowledge for the elementary and nursery endorsements; or                 dorsement; and
   2. Hold a Bachelor's degree from an accredited institution, have                  4. Obtain and accept an otTer of employment in a position that
passed a State test of subject matter knowledge in the teaching field(s)          requires instructional certification.
or a State test of general knowledge for the elementary and nursery                  (b) Candidates who complete the requirements in (a)1 through 4
endorsements and have completed a State-approved alternative train-               above shall be issued Certificates of Eligibility which will permit them
ing program as described in NJ.A.C. 6: 11-5.3 (except in fields as                to seek provisional employment in positions requiring instructional
noted in N.J.A.C. 6:11-8.3(c». In order to be eligible to take a subject          certification.
field test, the applicant must have completed at least 30 semester                   (c) Certificates of Eligibility with Advanced Standing shall be issued
hours in a coherent major or five years of experience in the subject              to all persons who meet the test requirement pursuant to (a)3 above
field.                                                                            and who have completed one of the following programs of teacher
   (b) State-approved alternative trainmg programs are not                        preparation:
authorized in the fields of teacher of the handicapped, teacher of the               1. A New Jersey college program, graduate or undergraduate, ap-
deaf and hard of hearing, teacher of the blind and partially sighted,             proved by the State Department of Education for the preparation of
bilingual education, English as a second language and certain voca-               teachers pursuant to N.J.A.C. 6:11-7;
tional fields (NJ.A.C. 6: 11-8.3(c». The professional preparation of                 2. A college preparation program included in the interstate certifica-
candidates in these fields shall be assessed on the basis of having               tion reciprocity system of the National Association of State Directors
completed an approved college program (NJ.A.C. 6:11-7) or on the                  of Teacher Education and Certification (NASDTEC);
basis of transcript evaluation (NJ.A.C. 6: 11-8).]                                   3. An out-of-State teacher education program approved by the Na-
                                                                                  tional Council for the Accreditation of Teacher Education (NeATE);
[6:11-5.2 Reciprocity                                                                4. A teacher education program approved for certification by the
   (a) Applicants may qualify for a standard New Jersey teachers                  state department of education in one of the states party to the Interstate
certificate in one or more of the comprehensive or single field en-               Agreement on Qualifications of Educational Personnel, provided the
dorsements listed in N.J .A.C. 6: 11-6.2 by successful completion of              program was completed on or after January 1, 1964 and the state in
one of the following:                                                             which the program is located would issue the candidate a comparable
   l. Completion of a college teacher education program, which is                 certificate;
included in the NASDTEC Certification Reciprocity System, issued                     5. An out-of-State teacher education program not approved by
by the National Association of State Directors of Teacher Education               NASDTEC or NCATE but approved by the state department of educa-
and Certification, designating approval as meeting the national stan-             tion in which the program is located and approved by the Secretary
dards described in Standards for State Approval of Teacher Educa-                 of the New Jersey State Board of Examiners as meeting the standards
tion.                                                                             outlined in N.J.A.C. 6:11-7; or
   2. Completion of an appropriate out-of-State teacher education                    6. At least 27 months of appropriate teaching experience in a state
program approved by the National Council for Accreditation of                     party to the Agreement within seven years prior to applying for a
Teacher Education (NCATE), provided that the program is approved                  certificate in another state in the Agreement, and a comparable and
by the Commissioner of Education as meeting New Jersey require-                   valid standard or advanced certificate, still in force, issued by one of
ments in the required areas of general background, professional                   the states in the Agreement.
education, and subject specialization as stated in N.J.A.C. 6:11-7.
   3. Completion of an appropriate teacher education program in-                  6:11-5.2 Requirements for the standard certificate
cluding student teaching, approved by the state department of educa-                (a) To be eligible for the standard certificate in instructional fields,
tion in the state in which the college is located, (but not appearing             the candidate shall:
on the NCATE or NASDTEC list of accredited colleges and ap-                          1. Possess a provisional certificate pursuant to N.J.A.C. 6:11-5.1;
proved programs), provided the program is approved by the Com-                    and
missioner as meeting the minimum standards outlined in Standards                    2. Complete a State-approved district or nonpublic school training
for State Approval of Teacher Education (see NJ.A.C. 6:11-7).                     program pursuant to N.J.A.C. 6:11-5.3 through 5.5 while employed


                                        NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                           (CITE 21 N.J.R. 2719)
                                  You're viewing an archived copy from the New Jersey State Library.

EDUCATION                                                                                                                                PROPOSALS

 provisionally in a position requiring the relevant endorsement to the             2. A period of intensive on-the-job supervision beginning the first
 Instructional certificate.                                                    day on which the provisional teacher assumes full responsibility for
   (b) Candidates who hold standard New Jersey Instructional                   a classroom and continuing for a period of at least [ten] 10 weeks.
 certificates shall be issued additional standard endorsements In areas        During this time, the provisional teacher shall be visited and critiqued
 where they meet provisional certification requirements without having         no less than one time [per week] every two weeks by members of a
 to meet the requirements In (a)1 and 2 above.                                 Professional Support Team (see [N.J.A.C. 6:11-5.5(b)] (h) below and
                                                                               shall be observed and formally evaluated at the end of five weeks
 [6:11-5.3 Requirements for provisional certification for State-
                                                                               and at the end of [five weeks and at the end of ten] 10 weeks by
             approved alternative training programs
                                                                               the appropriately certified members of the team. [During this same
    (a) The State-approved training program is an alternative to the
                                                                               period, formal instruction shall be continued in essential areas listed
 college teacher preparation training program as a means to acquire
                                                                               in N.J.A.C. 6:1 1-8.2(a) and shall emphasize the topics of student
 standard certification. These training programs may be offered in all
                                                                               assessment, development, and learning, curriculum and
 instructional fields except bilingual education, English as a second
                                                                               school/classroom organization.] At the end of the IO-week period.
 language, teacher of the handicapped, teacher of the deaf and hard
                                                                               the provisional teacher shall receive a formal written progress report
 of hearing, teacher of the blind and partially sighted, and certain
                                                                               from the chairperson of the Support Team.
 vocational fields (N.J.A.C. 6:11·8.3(c». To participate in a State-
                                                                                   3. An additional period of continued supervision and evaluation
 approved alternative training program, the candidate shall:
                                                                               of no less than 20 weeks duration. During this period. the provisional
     J. Possess a Bachelor's degree (except as noted in N.J.A.C.
                                                                               teacher shall be visited and critiqued at least [once per month] four
 6:11-6.3(c».
                                                                               times and shall be observed formally and evaluated at least twice.
    2. Pass a State test of subject matter knowledge in the teaching
                                                                               No more than two months shall pass without a formal observation.
 field. For the elementary and nursery endorsements, the candidates
                                                                               [Formal instruction shall continue in the essential areas listed in
 shall pass a State test of general knowledge. In order to be eligible
                                                                               NJ.A.C. 6:11-8.2(a).] Opportunities shall be provided for the
 to take a subject field test, the applicant must have completed at least
                                                                               provisional teacher to observe the teaching of experienced colleagues.
 30 semester hours in a coherent major or five years of experience
                                                                                   [(b)] (g) Approximately 200 hours of formal instruction in the
 in the subject field; and
                                                                               following topics shall be provided in all three phases of the program
    3. Have been offered employment in a school approved by the
                                                                               combined. This requirement shall not apply to provisional teachers who
 Commissioner of Education at the recommendation of the State
                                                                               are holders of Certificates of Eligiblllty with Advanced Standing
 Board of Examiners to offer a certification training program.
                                                                               pursuant to N.J.A.C. 6:11-5.1(c).
    (b) The provisional certificate is of one-year duration and will be
                                                                                   i. Curriculum: Studies designed to foster an understanding of the
 issued by the State Board of examiners to participants in a State-
                                                                               curriculum taught and the assessment of teaching, Including topics such
 approved training program. The standard certificate will be issued
                                                                               as the following: the organization and presentation of subject matter,
 by the State Board of Examiners upon satisfactory completion of the
                                                                               the development and use of tests and other forms of assessment, the
 program.
                                                                               evaluation and selection of instructional materials and the appropriate
    (c) The Board of Examiners shall have the right to reject the
                                                                               use of textbooks and teachers' guides, the use and Interpretation of
 application of any candidate who is judged not to meet academic
                                                                               standardized tests and teacher-developed Instruments, the reading pro-
 requirements comparable to those for students enrolled in New Jersey
                                                                               cess and other language art skill development appropriate to the field
 college teacher preparation programs.
                                                                               of specialization and grade level, and a knowledge of techniques and
    (d) Provisional certificates shall not be granted to teachers of
                                                                               materials (or fostering the development of reading and language arts
  bilingual education, English as a second language, the handicapped,
                                                                               skills.
  deaf or hard of hearing, or blind or partially sighted.]
                                                                                   ii, Student development and learning at all levels: Studies designed
 6: I I-[5.4]5,3Requirements for State-approved [plans] district                to foster an understanding of students, their characteristics as individ-
                training programs                                              uals, and the ways in which they learn, Including topics such as: student
    (a) Each district, school or consortium [of schools] seeking to hire        interests, motivation, preventing classroom disruption, creating a
  a provisional teacher must submit a plan to the Department of                healthy learning climate, individual and group learning, language de-
  Education and receive approval in accordance with the same                   velopment, individual differences, and the role of technology in early
  procedures used for initial approval of collegiate preparation pro-           learning.                                                        .
  grams.                                                                           iii. The classroom and the school: Studies designed to foster an
    (b)-(d) (No change.)                                                        understanding ofthe school as a social unit and classroom management,
    (e) The State Department of Education shall issue a standard train-         including such topics as: the bureaucratic/social structure of public
  Ing program plan which districts may agree to implement in lieu of            education, the making of teaching decisions, allocation of Instructional
. developing an original plan pursuant to (a) above.                            time, setting of priorities, pacing of Instruction, setting of goals, ques-
                                                                                tioning techniques, student practice and Independent work.
 [6:11-5.5 Requirements for State-approved alternative training
                                                                                    [(c)] (h) Training and supervision of provisional teachers in State
             programs]
                                                                                approved alternative programs shall be provided by a Professional
   [(a)] (f) Each State-apparoved [alternative] district training pro-          Support Team comprised of a shcool principal, an experienced men-
 gram shall provide essential knowledge and skills to provisional               tor teacher, a college faculty member, and a curriculum supervisor.
 teachers through the following phases of training:                              Districts or schools which do not employ curriculum supervisors or
    I. A full-time seminar/practicurn of no less than 20 days duration           have been unable to establish a relationship with a college should
 which takes place prior to the time at which the provisional teacher           provide for comparable expertise on the team. The school principal
 takes full responsibility for a classroom. This seminar/practicum              shall serve as chairperson of the team.
 shall provide formal instruction in the essential areas for professional           [(d) In accordance with the provisions of N.J.S.A. 18A:26-8, all
 study listed in N.J.A.C. 6:11-8.2. It should introduce basic teaching          provisional teachers must pass an examination in physiology and
 skills through supervised teaching experiences with students. The               hygiene in order to receive standard certification.]
 seminar and practicum components of the experience shall be inte-                  [(e)] (i) The State Department of Education shall coordinate the
 grated and shall include an orientation to the policies, organization           training efforts of districts and shall establish regional programs for
 and curriculum of the employing district. This requirement shall not           provisional teachers. The Department shall provide orientation pro-
 apply to provisional teachers who are holders of Certificates of Eligibili-     grams for Support Team Members.
 ty with Advanced Standing pursuant to N.J.A.C. 6:1I-5.I(c).


 (CITE 11 N.J.R. 1710)                  NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                              You're viewing an archived copy from the New Jersey State Library.
PPOPOSALS                                           Interested Persons see Inside Front Cover                                         EDUCATION

6: 11-[5.6] 5.4  Requirements for the evaluation of provisional               1.-3. (No change.)
                  teachers                                                    (b)-(f) (No change.)
   (a) Provisional teachers shall be observed and evaluated by ap-            (g) Students completing an approved program must be rec-
propriately certified Support Team Members as described in                  ommended for a [certificate] Certificate of Eligibility with Advanced
N.J.A.C. 6:11-[5.5] 5.3.                                                    Standing by their college or university and must pass a State test
   (b) (No change.)                                                         pursuant to N.J.A.C. 6:11-5.I(a)3 before one will be issued by the
   (c) The State Department of Education shall devise standardized          State Board of Examiners.
criteria and forms for a final comprehensive evaluation of each
provisional teacher, conducted at the end of the provisional period
by appropriately certified Support Team Members. [Teachers who                                                 (a)
participate in the observation process shall not participate in de-
cisions which might have a bearing on the future employment or              STA'rE BOARD OF EDUCATION
certification of provisional teachers.]                                     Certification of Bilingual and ESL Teachers
   (d) Mentor teachers shall not participate in any way in decisions
which might have a bearing on the employment or certification of            Reproposed Amendment: N.J.A.C. 6:11-4.3 and
provisional teachers. They shall not assess or evaluate the performance       6:11-8.2
of provisional teachers unless they are appropriately certified adminis-    Reproposed Repeals and New Rules: N.J.A.C.
trators. Interactions between provisional teachers and experienced men-       6:11-8.4 and 8.5
tor teachers are formative in nature and considered a matter of pro-
                                                                            Authorized By: Saul Cooperman, Commissioner, Department of
fessional privilege. Mentor teachers shall not be compelled to ofTer
                                                                              Education; Secretary, State Board of Education.
testimony on the performance of provisional teachers.
                                                                            Authority: NJ.S.A. 18A:l-I, 18A:4-15, 18A:6-7, 18A:6-34,
6: 11-[5.7] 5.5  Recommendation for certification of provisional               18A:6-38 and 18A:26-JO.
                 teachers                                                   Proposal Number: PRN 1989-465.
   (a) At the conclusion of the [alternative] State-approved district         Submit written comments by October 5. 1989 to:
training program, the chairperson of the Support Team shall prepare                 Irene Nigro, Rules Analyst
a comprehensive evaluation report on the provisional teacher's per-                 NJ Department of Education
formance. This report shall be submitted by the Chairperson directly                225 West State Street. eN 500
to the Bureau of Teacher Preparation and Certification and shall                    Trenton, New Jersey 08625
contain a recommendation as to whether or not a standard certificate        The agency proposal follows:
should be issued to the provisional teacher.
   (b) (No change.)                                                                                           Summary
   (c) The final report on each provisional teacher shall include one          Since the creation of the bilingual/bicultural and English as a Second
of the following recommendations:                                           Language (ESL) teaching endorsements, the majority of new teachers
   I. (No change.)                                                          hired annually in those fields have been employed under emergency
   2. Insufficient: Recommends that a standard certificate not be           certification. It is not uncommon for such teachers to remain employed
                                                                            on an emergency basis for eight to 10 years, working without special
issued but that the candidate be allowed to seek entry on one more
                                                                            supervision and without completing requirements.
occasion in the future into a State-approved district training program;        The proposed amendments and new rules would resolve this problem
or                                                                          by establishing a reasonable and logistically feasible set of minimum
   3. Disapproved: Recommends that a standard certificate not be            requirements for each endorsement and by replacing emergency certifica-
issued and that the candidate not be allowed to enter into a State-         tion with specially supervised training programs, to be completed in all
approved district training program.                                         instances within two years of initial employment.
   (d) (No change.)                                                            This proposal supersedes and replaces the prior proposal of similar
   (e) If the provisional teacher disagrees with the chairperson's rec-     amendments that was published in the New Jersey Register on January
ommendation, the provisional teacher may, within 15 days of receipt         17. 1989 (see 21 NJ.R. 95(a)). These amendments and new rules are
of the evaluation report and certification recommendation, submit           revisions of those formerly proposed, taking into account other policies
to the chairperson written materials documenting the reasons why            on provisional certification that are under consideration of the State
the provisional teacher believes standard certification should be           Board as well as public comments received in response to the January
awarded or a recommendation of insufficient granted. The chairperson        17 publication.
shall forward all such documentation to the Bureau of Teacher Prep-         N.J.A.C. 6:11-4.3 Emergency certificate
aration and Certification along with the evaluation report and rec-            The amendment would eliminate the use of emergency certification in
ommendation concerning certification. The provisional teacher may           the fields of bilingual and ESL education.
contest the unfavorable recommendation pursuant to N.J.A.C.                 NJ.A.C. 6:11-8.2 Common requirements; all college teacher education
6:11-3.25.                                                                                        programs and State-approved alternative programs
   (f) Candidates who receive a recommendation of "disapproved" or             The amendment would require approved college programs leading to
two or more recommendations of "insufficient" may petition the State        the bilingual and ESL endorsements to provide instruction in certain
Board of Examiners for approval of additional opportunities to seek         specialized topics.
provisional employment in districts other than those in which they          NJ.A.C. 6:11-8.4 Teacher of bilingual/bicultural education
received unfavorable recommendations. The candidate shall be respon-           The new rule would require all candidates for bilingual/bicultural
sible for demonstrating why he or she would be likely to succeed if         certification to obtain the preparation required for certification in the
granted the requested opportunity. Disapproval of any candidate's re-       academic subjects they will teach. The rule would allow bilingual can-
quest by the State Board of Examiners may be appealed to the Com-           didates the option of meeting common professional course requirements
missioner of Education.                                                     through the Provisional Teacher Program (see rule proposal in this Regis-
                                                                            ter) while working in a regular or bilingual classroom appropriate to the
6: 11-7.2 Admission, retention, and graduation of students                  certificate sought. Those who elect to do so while teaching in a bilingual
   (a) Teacher preparation programs are those curricula which lead          class would, in addition to meeting the usual entry requirements of the
to a recommendation for a New Jersey [instructional certificate]            Provisional Teacher Program, have to pass a test of basic English com-
Certificate of Eligibility with Advanced Standing in instructional fields   munication skills prior to employment.
pursuant to N.J.A.C. 6:11-5.1, irrespective of the organizational unit         For the standard bilingual/bicultural endorsement, all candidates
of the college by which the curriculum is offered. Formal admission         would be required to pass the communication test and to complete six
to teacher preparation programs shall be reviewed at the beginning          credits of specialized coursework related to the special supplementary
of the junior year and shall be granted only to those students who          subject matter that is, cultural studies) and instructional responsibilities
have:                                                                       of bilingual teachers. The proposed new rule would allow candidates to

                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                       (CITE 21 N.J.R. 2721)
                                   You're viewing an archived copy from the New Jersey State Library.

EDUCATION                                                                                                                                 PROPOSALS

complete such study in a college program prior to employment, or in             ogy and hygiene, including the effects of narcotics and alcohol. In
conjunction with employment through 90 clock hours of district-based            lieu of this examination, the applicant may present basic military
formal instruction.                                                             training or study in areas such as biology, health or nutrition.]
   In all cases, the new rule would charge local employers with responsi-          4. Bilingual/Bicultural Education: programs leading to the bil-
bility for choosing candidates who possess foreign language proficiency         ingual/bicultural endorsement shall provide approximately six credit
appropriate to the students and programs in which he or she will teach.         hours of study in the following specialized topics: the historical and
N.J.A.C. 6:11-8.5 Teacher of English as a Second Language                       cultural backgrounds of limited English proficient students, the special-
   The proposed new rule would require all ESL certification candidates         ized instructional content of bilingual education, and techniques of
to complete a one year program of training, support and evaluation while        teaching bilingual students.
serving under provisional certification. Prior to provisional employment,          S. English as a Second Language (ESL): programs leading to the
each candidate would be required to hold a bachelor's degree and pass           English as a Second Language endorsement shall provide approximately
a test of English communication skills. These prerequisites are intended
                                                                                12 credit hours of study in the following specialized topics: the historical
to provide ESL teachers with the general and academic education that
all teachers must receive, and to ensure that they possess sufficient knowl-    and cultural backgrounds of limited English proficient students, the
edge of English vocabulary and grammar to instruct students.                    specialized instructional content of ESL education, and techniques of
   For the standard certificate, the new rule would require candidates to       teaching English as a second language.
complete a State-approved district training program, including special          [6:11-8.4 Bilingual/bicultural education
supervision and support, and 180 clock hours (12 credits) of instruction           (a) The bilingual/bicultural education endorsement requires prior
in specialized ESL topics. Graduates of college programs approved for           completion of requirements for certification in another instructional
the preparation of ESL teachers would complete these study requirements         field. Therefore, candidates will already have acquired essential
in college.
                                                                                knowledge and skills and shall not be required to complete student
                               Social Impact                                    teaching or a State-approved alternative. Teachers in the field of
  The proposed amendments and new rules concerning bilingual/ESl,               bilingual/bicultural education may be hired on an emergency basis
certification would increase the number of candidates by providing an           in accordance with N.J.A.C. 6:11-4.3. Applicants may obtain
additional route to certification and improve the quality of the pool of        certificates by completing an approved college program or through
prospective teachers in the fields of bilingual and ESL education. They         a review of their college transcripts.
would ensure that all new teachers in these fields meet entry requirements         (b) The requirements are as follows:
before they are employed in the public schools. They would also ensure             I. A bachelor's degree based upon a four-year program in an
that all bilingual and ESL teachers complete their training for standard        accredi ted college;
certification within two years of their employment. The amendments and             2. A standard New Jersey teaching certificate in another field;
new rules are expected to increase the supply of bilingual/ESL teacher
                                                                                   3. Completion of 30 semester-hour credits in bilingual/bicultural
candidates by creating an alternate route to certification thereby increas-
                                                                                education, including study in the following areas.
ing the selectivity of local hiring decisions; increase diversity in the bil-
ingual/ESL teacher candidate pool by opening the door of teaching to               i. Cultural and cross-cultural studies: A minimum of 12 semester-
broader and more culturally diverse groups of candidates; and improve           hour credits, in separate or integrated courses, including study in each
the quality of training of bilingual/ESL teachers by strengthening their        of areas (1), (2) and (3) below is required, each course should be
basic and liberal education, their subject preparation and the practical        designed to increase the understanding of crosscultural variables
aspects of their professional education.                                        affecting learning, and include such courses as the following:
                                                                                   (I) Social psychology and the bilingual child or Contemporary
                             Economic Impact                                    social problems (with emphasis on the bilingual/bicultural child);
   Costs of maintaining the proposed bilingual/E'S], certification system       except
will be paid through fees charged to certification candidates in the form          (A) An applicant who has completed a minimum of three full years
of college tuition, and pursuant to N.J.A.C. 6:11-3.3(c) alternate route
                                                                                of successful experience as a teacher of bilingual/bicultural and/or
instructional fees, provisional support fees and general certification fees
($40.00 per candidate). Other existing State-approved district training         English as a second language education under a valid New Jersey
programs currently require candidates to pay a mentor fee of $900 per           standard or substandard certificate, or its equivalent, will be excused
year. Mentor fees associated with district training programs for Bi-            from completing three credits in this area;
lingual/ESL teachers mayor may not be the same. There will be no                   (2) Language and culture; except an applicant who has completed
significant cost to the public.                                                 a minimum of three full years of successful experience as a teacher
                                                                                of bilingual/bicultural and/or English as a second language educa-
                   Regulatory Flexibility Statement                             tion under a valid New Jersey standard or substandard certificate,
  A Regulatory Flexibility Statement is not required because these              or its equivalent, will be excused from completing credits in this area;
amendments and new rules do not impose reporting, recordkeeping or
other compliance requirements on small businesses. Amendments and                  (3) Bilingual/bicultural field experiences, except an applicant who
new rules impact solely upon New Jersey School districts and on schools         has completed a minimum of one full year of successful experience
operated by the New Jersey Department of Education.                             as a teacher of bilingual/bicultural and/or English as a second
                                                                                language education under a valid New Jersey standard or substan-
  Full text of the proposal follows (additions shown in boldface                dard certificate, or its equivalent, will be excused from completing
thus; deletions in brackets [thus]).                                            three credits in this area, and an applicant who has completed three
                                                                                or more years of successful experience will be excused from complet-
6: 11-4.3 Emergency certificate                                                 ing an additional three credits in this area;
   (a) An emergency certificate is a substandard one-year certificate              (4) Cultural anthropology;
issued only in the field of educational services, teacher of the handi-            (5) Comparative cultures.
capped, teacher of the blind and partially sighted, teacher of the deaf            ii. Linguistics: Three credits in the Area of study (I) below is
and hard of hearing[, bilingual education, English as a Second                  required.
Language] and certain technical fields (see N.J .A.C. 6: 11-8.3).                  (1) Applied linguistics: Courses stressing techniques of second
   (b) (No change.)                                                              language skills development.
6: I I-8.2 Common requirements; all college teacher education                      iii. Other areas: A minim urn of nine semester-hour credits in separ-
           programs and State-approved alternative programs                     ate or integrated courses. Areas of study (I), (2) and (3) below are
   (a) Approved college programs and [state] State-approved alterna-             required.
tive-programs shall include study in the following areas of pro-                   (I) Foundations of bilingual/multicultural education (rationale,
fessional education:                                                            history, survey of existing models);
   1.-3. (No change.)                                                              (2) Theory and practice of teaching the bilingual child in content
   [4. Physiology and Hygiene: In accordance with the provisions of             areas. If this requirement is fulfilled with coursework, then it should
N.J.S.A. 18A:26-8, candidates must pass an examination in physiol-               be taught in English and the other language being used as a medium

(CITE 21 N.J.R. 2722)                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                              You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                          Interested Persons see Inside Front Cover                                       EDUCATION

of instruction, wherever possible, except an applicant who has com-            3. Successful completion of a program of college studies including
pleted a minimum of three full years of successful experience as a          the following.
teacher of bilingual/bicultural education under a valid New Jersey             i. A minimum of 45 semester-hour credits in general background
standard or substandard certificate, or its equivalent, will be excused     courses distributed in at least four of the following fields:
from completing three credits in this area;                                    (I) English;
   (3) Theory and practice of teaching English as a second language,           (2) Social studies;
except an applicant who has completed a minimum of three full years            (3) Science;
of successful experience as a teacher of English as a second language          (4) Fine arts;
education under a valid New Jersey standard or substandard                     (5) Mathematics;
certificate, or its equivalent, will be excused from completing three          (6) Foreign languages;
credits in this area.                                                          (7) Philosophy and psychology;
   iv. Demonstration of verbal and written proficiency in English and          (8) Music.
in one other language used also as a medium of instruction.                    ii. Fifteen credits in the field of professional education in ac-
   (c) All bilingual/bicultural certification programs to be offered at     cordance with New Jersey certification standards;
New Jersey colleges and universities must be reviewed by the Depart-           iii. Thirty credits, comprehensive field endorsement:
ment of Higher Education and approved by the State Department                  (I) Cultural and cross-cultural studies: A minimum of nine
of Education. Bilingual/bicultural programs shall be developed by           semester-hour credits in separate or integrated courses, including
institutions of higher education so that the requirements set forth in      study in each of areas (A), (B), (C) and (D) below is required-designed
subsection (b) above of this section may be met in a variety of             to increase the understanding of cross-culture variables affecting
settings, including but not limited to specific courses.                    learning, including such courses as the following:
   (d) The participants in such approved programs shall acquire the            (A) Social psychology of the bilingual child; or
skills and knowledge prescribed in these rules and regulations before          (B) Contemporary social problems (with emphasis on the bil-
the dean of education recomends the candidate to the Bureau of              ingual/bicultural child), except an applicant who has completed a
Teacher Preparation and Certification for a bilingual/bicultural            minimum of three full years of successful experience as a teacher of
certificate.]                                                               bilingual/bicultural and/or English as a second language education
                                                                            under a valid New Jersey standard or substandard certificate, or its
6:11-8.4 Teacher of Bilingual/bicultural education
                                                                            equivalent, will be excused from completing three credits in this area;
   (a) Each candidate for the provisional certificate in the field of
                                                                               (C) Language and culture;
bilingual/bicultural education shall:
                                                                               (D) Bilingual/bicultural field experiences, except an applicant who
   l. Possess or be eligible for a standard or provisional New Jersey
                                                                            has completed a minimum of one full year of successful experience
instructional certificate appropriate to the subject or grade level to be
                                                                            as a teacher of bilingual/bicultural and/or English as a second
taught;
                                                                            language education under a valid New Jersey standard or substan-
   2. Pass a State test of English communication skills; and
                                                                            dard certificate, or its equivalent, will be excused from completing
   3. Obtain an offer of employment in a position that requires the
                                                                            three credits in this area;
endorsement, teacher of bilingual/bicultural education.
                                                                               (E) Cultural anthropology;
   (b) Applicants who meet the requirements in (a)1 and 2 above shall
                                                                               (F) Comparative cultures.
be issued Certificates of Eligibility which will permit them to seek and
                                                                               (2) Linguistics: Twelve semester hours. Courses in areas (A), (B)
accept employment in positions requiring certification as a teacher of
                                                                            and (C) below are required:
bilingual/bicultural education.
                                                                               (A) General linguistics;
   (c) No person shall be employed under provisional certification for
                                                                               (B) Phonology and structure of American English;
more than two years in a position requiring certification as a teacher
                                                                               (C) Applied linguistics (including problems of second language
of bilingual/bicultural education.
                                                                            experience);
   (d) Certificates of Eligibility with Advanced Standing shall be issued
                                                                               (D) Comparative linguistics;
to all persons who have completed formal study and test requirements
                                                                               (E) Seman tics;
for bilingual certification pursuant to (e)2 and 3 below but who have
                                                                               (F) Dialectology;
never previously served a provisional year or completed a State-approved
                                                                               (G) Sociolinguistics;
district training program for any certificate endorsement pursuant to
                                                                               (H) Psycho linguistics;
N.J.A.C. 6:11-5.
                                                                               (I) Grammar systems;
   (e) Each candidate for the standard certificate in the field of bil-
                                                                               (1) History and development of the English language, except an
ingual/bicultural education shall:
                                                                            applicant who has completed a minimum of three full years of suc-
   l. Possess a standard New Jersey instructional certificate ap-
                                                                            cessful experience as a teacher of English as a second language under
propriate to the subject or grade level to be taught;
                                                                            a valid New Jersey standard or substandard certificate, or its
   2. Pass a State test of English communication skills; and
                                                                            equivalent, will be excused from completing three credits in this area.
  3. Complete at least six credit hours of college coursework or 90
                                                                            "General linguistics," "Phonology and structure of American Eng-
clock hours of district-based formal training in the following topics:
                                                                            lish," and "Applied linguistics" will not be excused.
the historical and cultural backgrounds of limited English proficient
                                                                               (3) Theory and practice of teaching English as a second language:
students, the specialized instructional content of bilingual education,
                                                                            Six credits, except an applicant who has completed a minimum of
and techniques of teaching bilingual students. Those candidates who
                                                                            three full years of successful experience as a teacher of English as
complete this requirement while serving as a provisionally certified
                                                                            a second language education under a valid New Jersey standard or
bilingual education teacher shall be supervised by a support team
                                                                            substandard certificate, or its equivalent, will be excused from com-
pursuant to N.J.A.C. 6:11-5.
                                                                            pleting three credits in this area.
[6:11-8.5 Teaching English as a second language                                (4) Foreign language: Minimum of three credits, except applicants
   (a) Teachers of English as a second language may be hired on an          who have not completed coursework in a language foreign to their
emergency basis in accordance with N.J.A.C. 6: 11-4.3. Applicants           native tongue may be excused from completing this requirement if
may obtain certification by completing an approved college program          they have:
or through a review of their college transcripts.                              (A) Successfully completed a State Department of Education
   (b) The requirements are as follows:                                     language proficiency interview; or
   l. A bachelor's degree based upon a four-year curriculum in an              (B) Successfully completed a Thomas Edison College Examination
accredited college;                                                         Program (TECEP); or
   2. Successful completion of a college curriculum approved by the            (C) Successfully completed a College Level Examination Program
State Department of Education as a basis for issuing this certificate;      (CLEP); or
or
                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                    (CITE 21 N.J.R. 2723)
                                 You're viewing an archived copy from the New Jersey State Library.
EDUCATION                                                                                                                               PROPOSALS

  (D) Presented official verification by a college or university that
an applicant has fulfilled the requirement in a manner other than
                                                                                                                 (a)
through the completion of a course; or                                       STATE BOARD OF EDUCATION
  (E) Successfully completed any other oral language proficiency
instrument approved by the State Board of Examiners.                         Pupil Transportation
  (5) Evidence of native or near-native competency in English as             Proposed Readoption with Amendments: N.J.A.C.
determined by guidelines to be established by the State Department             6:21
of Education.
                                                                             Authorized By: Saul Cooperman, Commissioner, Department of
  iv. Approved student teaching in an English as a second language
                                                                               Education; Secretary, State Board of Education.
setting;
                                                                             Authority: NJ.S.A. l8A:I-I, 4-15, and 39-21.
  v . Physiology and hygiene.
                                                                             Proposal Number: PRN 1989-445.
  (c) The holder of a standard New Jersey teacher's certificate may
qualify for an endorsement to teach English as a second language               Submit written comments by October 5, 1989 to:
by completing the 3D-credit comprehensive field endorsement.                         Irene Nigro, Rules Analyst
  (d) All English as a second language certification programs to be                  State Department of Education
offered at New Jersey colleges and universities must be reviewed by                  225 West State Street, CN 500
                                                                                     Trenton, New Jersey 08625
the Department of Higher Education and approved by the State
Department of Education. English as a second language programs               The agency proposal follows:
shall be developed by institutions of higher education so that the                                             Summary
requirements set forth in (b) above may be met in a variety of settings,        Pursuant to Executive Order No. 66(1978), N.J.A.C. 6:21, Pupil Trans-
including but not limited to specific courses.                               portation, expires on August 9, 1990.
   I. The participants in such approved programs shall acquire the              These rules were originally promulgated and are being readopted with
skills and knowledge prescribed in these rules and regulations before        amendments to ensure the safe and efficient transportation of pupils in
the dean of education recommends the candidate to the Bureau of              the state of New Jersey. The Department has been extensively reviewing
Teacher Preparation and Certification for an English as a second             the rules on pupil transportation since 1987. As part of this effort, a pupil
language certificate.]                                                       transportation committee was established to review existing rules and
                                                                             propose needed amendments to both clarify and strengthen rules
6:11-8.5 Teacher of English as a second language                             pertaining to pupil transportation. The committee was composed of trans-
  (a) Each candidate for the provisional certificate in the field of         portation supervisors, school business officials, and Department staff.
teaching English as a second language shall:                                    Readoption with the following amendments is proposed. A revision
  1. Hold a bachelor's degree from an accredited college or university;      of the current rules regarding contracts and bidding procedures to im-
  2. Pass a State test of English communication skills; and                  prove the governance and administration of pupil transportation at local,
  3. Obtain an otTer of employment in a position that requires the           county and State levels is proposed. At this time, no changes are proposed
endorsement, teacher of English as a second language.                        to vehicle specifications listed in subchapters 5 and 8 and only minor
  (b) Applicants who meet the requirements in (a)1 and 2 above shall         changes are recommended to subchapter 9 due to the need for an ex-
be issued Certificates of Eligibility which will permit them to seek and     tensive review of the National Minimum Standards for School Buses and
accept employment in positions requiring certification as a teacher of       the Department of Education standards. Recommendations for the com-
English as a second language.                                                prehensive revision of these subchapters will be presented at a later date.
  (c) Certificates of Eligibility with Advanced Standing shall be issued     Many filing instructions and actual forms which are not regulatory have
                                                                             been deleted throughout this chapter. These instructions will appear on
to all persons who meet the test requirement pursuant to (a)2 above
                                                                             specific forms and in the Policies and Procedures Manual for Pupil
and who hale completed a college program approved by the New Jersey
                                                                             Transportation published by the New Jersey State Department of Educa-
Department of Education for the preparation of teachers of English as        tion, Bureau of Pupil Transportation.
a second language.                                                              The proposal includes the following major recommendations:
   (d) Each candidate for the standard certificate in the field ofteaching      N.J.A.C. 6:21-1, Standards, contains requirements for reporting school
English as a second language shall:                                          bus accidents. defines the term "remote from the schoolhouse" and
   1. Possess a provislonal certificate pursuant to (a)1.-3. above;          establishes standards for retirement of schoolbuses. The amendments to
   2. Pass a State test of basic communication skills;                       this subchapter include the removal of language duplicated elsewhere in
   3. Complete a State-approved district training program pursuant to        the rules and the incorporation of specific reference to authority. In
N.J.A.C. 6:11-5; and                                                         N.J.A.C. 6:21-1.1, additional language was added to clarify that the
   4. Complete twelve credits or 180 clock hours of formal instruction       requirements of this chapter apply to public school pupils and nonpublic
in the following topics: the historical and cultural backgrounds of          school pupils receiving transportation services from a district board of
limited English proficient students, the specialized instructional content   education. A subsection was also added which describes the availability
of ESL education, and techniques of teaching English as a second             of pupil transportation forms. Procedures which are no longer required
language. This requirement shall not apply to candidates who are hold-       and instructions which are found directly on Department of Education
ers of Certificates of Eligibility with Advanced Standing pursuant to        forms were deleted. Clarifying language was added to N.J.A.C. 6:21-1.3
(c) above.                                                                   and 1.4.
  (e) Requirements (d)1 and 2 above shall not apply to persons who              N.J.A.C. 6:21·2, Requirements for Private School Transportation, es-
hold New Jersey instructional certificates in other teaching fields. How-    tablishes eligibility requirements of non-public school pupils for transpor-
                                                                             tation services provided by a local board of education. The amendments
ever, such already-certified teachers may meet requirement (d)3 above
                                                                             to this subchapter serve to clarify requirements for private school trans-
working under provisienal ESL certification under the supervision of
                                                                             portation. New language was added in order to ensure the establishment
a support team pursuant to N.J.A.C. 6:11-5.                                  of policies consistent with those governing public school transportation.
                                                                             Late registration procedures in N.J.A.C. 6:21-2.2(e) were moved to a
                                                                             more appropriate section of this chapter. Procedures requiring a letter
                                                                             from parents explaining the reason for late applications was deleted.
                                                                                NJ.A.C. 6:21-3, Requirements of Public School Transportation, sets
                                                                             out the statutory basis for the transportation of public school pupils. This
                                                                             subchapter has been amended to ensure that all district boards of educa-
                                                                             tion adopt policies and procedures to govern the transportation of pupils
                                                                             to and from school and school related activities.
                                                                                NJ.A.C. 6:21-4, School Bus Capacity, addresses overcrowding, stand-
                                                                             ing and limits on capacity of vehicles when transporting pupils to and
                                                                             from school. This subchapter has been amended to remove unnecessary

(CITE 21 N.J.R. 2724)                 NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                               You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                            Interested Persons see Inside Front Cover                                            EDUCATION

language. Several sections have been condensed and one section has been       contracts, renewing contracts, addendum to contracts, transfers and joint
repealed. The maximum seating capacity of 13 inches for each elementary       transportation agreements.
school pupil, originally part of N.J.A.C. 6:21-4.3, has been eliminated.         NJ.A.C. 6:21-17, Insurance, establishes the minimum limits of liability
The maximum seating capacity of 15 inches is now consistent for high          insurance coverage to be carried by local boards of education and con-
school and elementary pupils.                                                 tractors transporting pupils. Amendments to this subchapter increase the
   N.J.A.C. 6:21-5, Standards for School Buses, establishes school bus        minimum limit of liability insurance for bodily injury and property dam-
chassis and body standards to ensure the safety of pupils being trans-        age for vehicles transporting students from $300/$500,000 to $1 million.
ported. This subchapter will be revised later this year. No changes are       Nonsubstantive changes were also made to clarify existing language and
proposed at this time.                                                        update language for consistency with the chapter.
   NJ.A.C. 6:21-6 (Reserved)                                                     NJ.A.C. 6:21-18, Inspection, establishes the requirement for a system-
   N.J.A.C. 6:21-7, State Aid-This subchapter clarifies expenditures          atic inspection of school vehicles and identifies vehicles under the jurisdic-
eligible for State transportation aid and allows all other transportation     tion of the Division of Motor Vehicles and the Department of Transpor-
costs for educational purposes, excluding less than remote transportation,    tation. A section was added to this subchapter which provides an exemp-
to be eligible for equalization aid. The language from N.J.A.C. 6:21-7.2      tion from authorization for school use on the certificate of inspection
has been moved to N.J.A.C. 6:21-7.4. Procedures and obsolete language         for vehicles under the jurisdiction of Department of Transportation when
were deleted.                                                                 they are being used on a franchised route or chartered for extracurricular
   NJ.A.C. 6:21-8, Use of P.U.c. Vehicles as School Buses, identifies         activities. No other changes are proposed to this section.
exemptions to school bus chassis and body specifications for vehicles            N.J.A.C. 6:21-19, Pupil Transportation Governance and Adminis-
under the jurisdiction of the Department of Transportation. This              tration. A new rule has been added which clearly specifies the responsi-
subchapter will be revised at a later date. No changes are proposed at        bility of the district board of education, county superintendent of schools,
this time.                                                                    the Bureau of Pupil Transportation, the State Board of Education and
   N.J.A.C. 6:21-9, Small Vehicle Equipment Specification, defines "small     the Commissioner with regard to pupil transportation.
vehicle" as it pertains to pupil transportation and establishes maximum
capacity and safety equipment requirements. The subchapter has been                                           Social Impact
revised to include nonsubstantive changes which serve to keep regulatory         The proposed readoption with amendments will have a positive social
language uniform throughout the chapter. Additionally, the seating ca-        impact upon divisions of the Department, local school districts, contrac-
pacity has been revised to reflect the new standard established in            tors, parents and school bus drivers by providing greater clarification of
subchapter 4.                                                                 operating procedures, fixed responsibilities and by removing any ambigui-
                                                                              ty as to what documents are required for the approval of contracts. The
   N.J.A.C. 6:21-10, Small Vehicle Regulations, establishes registration
                                                                              amendments pinpoint the responsibility of local districts and require the
requirements for small vehicles under contract with a district board of
                                                                              establishment of district policies and procedures which continue to ensure
education. Amendments to this subchapter include nonsubstantive
                                                                              the safe and efficient transportation of pupils in the state of New Jersey.
changes which serve to keep regulatory language uniform throughout the
                                                                              The rules provide contractors with specific information regarding con-
chapter. Additionally, the rule regarding requirements for a parent trans-
                                                                              tracting practices that enable them to conduct business more efficiently
porting his or her own child or children to and from school, which
                                                                              and allows for long range planning of services. Additionally, the re-
previously appeared in subchapter II, has been included with clarifying
                                                                              adoption with amendments provides local districts with a clear under-
language.
                                                                              standing of transportation practices which will enable them to obtain
   NJ.A.C. 6:21-11, Drivers, establishes minimum requirements for be-         State transportation aid.
coming a school bus driver. This subchapter has been repealed and
replaced. Suggested procedures which are not regulatory have been de-                                       Economic Impact
leted and will appear in the Policies and Procedures Manual for Pupil            The proposed readoption with amendments will have a positive econ-
Transportation. A statement ensuring district compliance with the             omic impact upon local districts by providing additional funds of approx-
 Division of Motor Vehicles and Department of Education rules has been        imately $15 million in equalization aid which is the major funding cat-
included. Provision for use of safety belts was moved from N.J.A.C.           egory from State sources for local district expenditures. In addition,
6:21-11.5 to ILl.                                                             provided the requirements of N.J.A.C. 6:21 are met, 90 percent of ap-
   N.J.A.C. 6:21-12, Advertising for Bids, set out a form recommended         proved transportation costs will be eligible for State transportation aid.
for use in advertising for bids. This subchapter has been repealed and        The increased minimum limit of liability insurance coverage of $1 million
reserved. The form previously contained in this subchapter will now           is readily available at an increased cost of approximately $110 per year.
appear as a sample form in the Policies and Procedures Manual for Pupil       This will impact slightly local districts and contractors. However, in some
Transportation.                                                               cases, districts and contractors already carry insurance coverage in excess
   NJ.A.C. 6:21-13, Bid Specifications, defines what items are to be          of this requirement.
included in bid specifications by district boards of education. The
subchapter was repealed and replaced with language retained from the                                Regulatory Flexibility Analysis
original rule as well as amendments thereto. The definition of "route"           Several new reporting, recordkeeping and compliance requirements will
was clarified and language added to more clearly specify items to be          result from this proposal. All requirements effect only a small percentage
included in the specifications.                                               of small businesses and their impact is minimal. There will be an ad-
   N.J.A.C. 6:21-14, Bond-This subchapter has been repealed and re-           ditional cost of approximately $110.00 per year to a small number of
placed, retaining some language. This subchapter defines the types of         contractors because of the required increase in insurance coverage from
surety bonds that are acceptable. It also identifies acceptable bid guaran-   $300/$500,000 to $1 million. This change in requirement should have little
tees and identifies the procedure for returning bid guarantees to unsuc-      impact upon small businesses since it represents what is currently in
                                                                              practice. Coverage of $300/$500,000 is outdated. Most contractors
cessful bidders.
   N.J.A.C. 6:21-15, Bidding, establishes bidding procedures and ident-       already carry insurance for $1 million. The rules impose standards on
ifies bidding document requirements for district boards of education. This    contractors for submission of contracts, accident reports and related
subchapter has been repealed and replaced. While some of the old              documents. This will not prove burdensome to small businesses in that
language was retained, changes were made to this subchapter to clarify        the record keeping required falls within the scope of what is necessary to
the district board of education's responsibility in the bidding procedure     run a bus service company. The requirements are not extraordinary and
and to identify documents that are required as part of the bid. Forms         contractors have easy access to the information sought by the Depart-
were deleted. The bid form will appear as a sample form in the Policies       ment. The Department continues to encourage fair, open and competitive
and Procedures Manual for Pupil Transportation. The questionnaire             bidding across the state of New Jersey.
form will be available through the county superintendent of schools and          The only types of small businesses these rules will affect are bus con-
                                                                              tractors in New Jersey with less than one hundred employees. This in-
the Bureau of Pupil Transportation. Bulk/combination bids are also
                                                                              cludes most, if not all, of the contractors in the State. The only pro-
defined.
   N.J .A.C. 6:21-16, Contracts-This subchapter establishes the docu-         fessional service a contractor might choose to employ as a result of these
ments required for the approval of transportation contracts by the county     rules is the hiring of an attorney to review contracts. This is an option
superintendent of schools. It clarifies the requirements for bidding and      only. In the opinion of the Department, all contracts and related
establishes types of contracts and related documents which include quoted     documentation are in "layman's" terms so it is not a necessity. This
                                                                              option therefore would have only minimal impact upon those few con-

                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                         (CITE 21 N.J.R. 2725)
                                    You're viewing an archived copy from the New Jersey State Library.
EDUCATION                                                                                                                               PROPOSALS

tractors that choose to use it. There are no initial capital costs aside from   an emergency [involving to and from school transportation and all
the increase in the insurance premium which was already noted in this           extracurricular trips].
analysis.
   Due to the fact that these rules require only minimal changes in record-     6:21-1.3 Remote defined
ing, recordkeeping and compliance requirements for contractors, no                  (a) The words "remote from the schoolhouse" shall mean beyond
adverse economic impact on small businesses is anticipated.                     2\-'2 miles for high school pupils (grades 9 through 12) and beyond
                                                                                two miles for elementary pupils (grades kindergarten through eight),
  Full text of the proposed readoption and repeals may be found                 except for [pupils suffering from physical or organic defects] educa-
in the New Jersey Administrative Code at N.J.A.C. 6:21.                         tionally handicapped pupils. [State aid for shorter distances for the
  Full text of the proposed amendments and new rules follows.                   sole reasons of traffic hazards should not be given, inasmuch as
                                                                                traffic hazards are a local responsibility.]
SUBCHAPTER I.           [STANDARDS] GENERAL PROVISIONS                              (b) For the purpose of determining remoteness in connection with
                                                                                pupil transportation, measurement shall be made by the shortest
6:21-1.1[Rules] General requirements                                            route along public roadways or public walkways from the entrance
   (a) Under the provisions of the New Jersey Statutes, the State               of the pupil's residence nearest such public roadway or public walk-
Board of Education shall adopt and enforce rules consistent with law            way to the nearest public entrance of the assigned school.
to cover the design and operation of all [public] school buses used
in the transportation of public school pupils to and from school and            6:21-1.4 Retirement of school buses
school related activities including the transportation of nonpublic school        (a) School buses [(Type I)] manufactured prior to April I, 1977,
pupils by a district board of education.                                        other than those of the transit type whose gross vehicle weight
   (b) Transportation of pupils attending public or nonpublic schools           (G.V.W.) exceeds 25,000 pounds, shall not be used for pupil transpor-
shall be provided pursuant to N.J.S.A. 18A:39-1 et seq. [The first              tation [purposes beyond the end of the 10th year from the date of
standards adopted by the State Board of Education were published                manufacture, as noted on the vehicle registration or the end of the
in 1932 and revised in 1935, 1937, 1939, 1948, 1953, 1959, 1962 and             school year in which that date falls, whichever is later].
1967. This edition is revised in keeping with New Jersey law in an                (b) School buses, Type I and Type II, as defined by [the Code of
effort to provide standards to insure adequate and safe pupil trans-            Federal Regulations (49 CFR 571.3) and] N.J.S.A. 39:1-1, which are
portation.]                                                                     registered and inspected in this State, manufactured on or after April
   [(c) The rules as herein prescribed and adopted by the State Board           I, 1977, other than those of the transit type whose gross vehicle
of Education are effective as of September I, 1985.                             weight (G.V.W.) exceeds 25,000 pounds, shall not be utilized for
   (d) Specifications for school buses and rules for transportation of          pupil transportation purposes beyond the end of the [12th] twelfth
public school pupils adopted by the State Board of Education, except            year from the [date] year of manufacture, as noted on the vehicle
as hereinafter provided, shall apply to all buses operated under con-           registration, or at the end of the school year in which that [date]
tracts with district boards of education and to all district-owned              year falls, whichever is later. Such buses, when used beyond the [10th]
buses.]                                                                         tenth year, shall have an annual in-depth inspection by the Division
   (c) All forms prescribed by the Commissioner of Education referred           of Motor Vehicles prior to the [beginning of the] ensuing school year.
to in this chapter are available in the office of the county superintendent       (c) School buses of transit type whose gross vehicle weight
of schools, and at the Bureau of Pupil Transportation, Department of            (G.V.W.) exceeds 25,000 pounds shall not be used for pupil transpor-
Education, 225 West State Street, CN 500, Trenton, New Jersey                   tation purposes beyond the end of the [20th] twentieth year from the
08625.                                                                          [date] year of manufacture, as noted on the vehicle registration, or
   (d) It is recommended that district boards of education and school           at the end of the school year in which that [date] year falls, whichever
bus contractors acquaint themselves with the procedures described in            is later.
the Department of Education Policies and Procedures Manual for Pupil
Transportation to ensure efficiency in the implementation of a pupil            SUBCHAPTER 2.         REQUIREMENTS FOR [PRIVATE]
transportation program. This manual is available for review at the                                    NONPUBLICSCHOOL
transportation office of the district board of education, the office of                               TRANSPORTATION
the county superintendent and the Bureau of Pupil Transportation.               [6:21-2.1 Existing rules
6:21-1.2 Accident reporting                                                        All existing rules adopted by the State Board of Education to cover
  (a) Every school bus driver [must] shall immediately inform the               the design and operation of school buses used in the transportation
principal of the receiving school following an accident which involves          of pupils to and from a public school shall be applicable to the
an injury, death or property damage. [He or she must] The driver                transportation of pupils to and from a nonprofit private school.]
shall also complete and file the Preliminary School Bus Accident
                                                                                6:21-2.1 General requirements
Report prescribed by the Commissioner of Education. [accident report
                                                                                  (a) Transportation or aid in lieu of transportation shall be provided
in quadruplicate and deliver it by the conclusion of the next working
                                                                                in accordance with N.J.S.A. 18A:39-1 et seq.
day to the principal of the receiving school. The principal shall retain
                                                                                  (b) District boards of education shall adopt policies and procedures
one copy (white) and shall forthwith transmit one copy (blue) to the
                                                                                governing the transportation of pupils to and from school.
district board of education providing the transportation, one copy
                                                                                  (c) Aid in lieu of transportation shall be provided once a district
(yellow) to the county superintendent of schools and one copy (pink)
                                                                                board of education has publicly advertised for bid and has made the
to the State Department of Education, 225 West State Street, CN
                                                                                determination that the cost per pupil will exceed the maximum allow-
500, Trenton, New Jersey 08625. The necessary forms are available
                                                                                able rate as established by N.J.S.A. 18A:39-1.
at the office of the school principal or the county superintendent of
schools.]                                                                       6:21-2.2 Registration procedure
   (b) [In addition to the above, the] The driver of a school bus                  (a) The private school shall obtain the Application for Private School
involved in an accident resulting in injury or death of any person,             Transportation, as prescribed by the Commissioner of Education, from
or damage to property of anyone person in excess of $500.00 shall               the public schools.
within 10 days after such accident complete and file a Motor Vehicle               [(a)] (b) It shall be obligation of the parent or guardian of private
Accident Report in accordance with N.J.S.A. 39:4-130. [forward a                school pupils to [secure] annually obtain the Application For Private
written report of the accident to the Bureau of Security Responsi-              School Transportation, as prescribed by the Commissioner of Educa-
bility, Division of Motor Vehicles, 25 South Montgomery Street,                 tion, [pupil transportation forms (B6T)] from the administrative of-
Trenton, New Jersey 08625.]                                                     fice of the private school in which the pupil is ["]enrolled["].
   (c) Each district board of education shall establish policies and               [(b)] (c) Upon completion by the parent or guardian, the [form]
procedures to be followed by the school bus driver in the event of              application shall be returned to the private school on or before May


(CITE 21 N.J.R. 2726)                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                               You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                            Interested Persons see Inside Front Cover                                        EDUCATION

I preceding the school year in which transportation is being re-              6:21-2.7 Certification of attendance
quested.                                                                         (a) Between January I and January 10 of each year, the private
   [(c)] (d) The private school shall [forward] annually collect from         school administrator shall certify on forms prescribed by the Com-
the parent or guardian the applications [forms] and submit them to            missioner of Education, that the named pupils were enrolled for the first
the public school from which transportation is being requested for            half of the academic year (September to January) and return the forms
registration and implementation prior to May 15.                              to the public school prior to January IS.
   [(d)] (e) The public school shall notify the parent or guardian and           (b) The public school shall evaluate the January certification report
private school as to the determination of each application by Au-             and, if approved, shall pay aid in lieu of transportation to the parent
gust I.                                                                       or guardian of the eligible pupils after receiving a signed Request For
   [(e) Late registration rules are:                                          Payment of Transportation Aid voucher as prescribed by the Com-
   I. A late application shall be any application received by a private       missioner of Education.
school after May J.                                                              (c) Between May I and May 10 of each year, the private school
   2. Parents or guardian of private school pupils shall secure pupil         administrator shall certify on forms prescribed by the Commissioner
transportation application forms (B6T) from the administrative office         of Education that the named pupils were enrolled for the second half
of the private school in which the pupil is "enrolled".                       of the academic year, (January to June) and return the forms to the
   3. Parent or guardian shall return application to the private school       public school prior to May IS.
with statement of reason for late application. Application shall be              (d) The public school shall evaluate the May certification, and if
noted by the private school and then forwarded together with the              approved, shall pay aid in lieu of transportation to the parent or guard-
reason for lateness to the public school for registration and im-             ian of the eligible pupils after receiving a signed Request For Payment
plemen tation.                                                                of Transportation Aid voucher as prescribed by the Commissioner of
   4. Puble school shall note information on the summary form                 Education.
(BST).                                                                           (e) The district board of education shall send to the county super-
  '5. The public school shall notify the parent or guardian and the           intendent of schools the Private School Transportation Summary form
private school as to the determination of the application within 15           no later than August I, following the close of the school year.
days of receipt from the private school or August I, whichever is
later.]                                                                       [6:21-2.8 Certification
   (f) A late application shall be any application received by the district     (a) January procedure is:
after May IS. Eligible pupils will receive transportation or aid in lieu         I. Between January I and January 10 of each year, the private
of transportation based upon the date of receipt of the application by        school shall certify, by an "x" mark in column (h) on both copies
the public school.                                                            of the summary forms (B8T), that the named pupils were enrolled
   (g) Prior to August I, the public schools shall prepare the Private        for the first half of the academic year (September to January).
School Transportation Summary form as prescribed by the Com-                    2. Transported pupils or pupils whose parents or guardian re-
missioner of Education.                                                       ceived transportation aid, in lieu of transportation, must be noted
                                                                              as to enrollment for the semester. In case of late registration or early
6:21-2.4 Grade level                                                          withdrawal, the exact number of days of enrollment must be noted
  [Transportation] Students eligible for transportation or aid in lieu        in column (h). Payment shall be authorized according to N.J.S.A.
of transportation shall be [limited to children] enrolled in grades             3. Upon completing certification, the white form shall be signed
kindergarten through grade 12. The determination of entrance age for          by the administrative office of the private school and returned to the
pupils shall be in accordance with N.J.S.A. 18A:38-5 and 18A:44-2.            public school prior to January 15.
6:21-[2.4]2.5 School closings [due to weather or other condition]               4. The public school shall evaluate the report and, if approved,
  Suspension of the operation of the pupil transportation system,             shall pay transportation aid to the parent or guardian of the eligible
[when] due to inclement weather orl.] other conditions [indicate the          pupils.
necessity therefor,] shall be the responsibility of the public school           5. The public school shall retain the white summary form (B8T)
authorities providing the transportation.                                     with noted certification and forward the yellow summary from (B8T)
                                                                              to the private school.
[6:21-2.6 Registration procedure                                                (b) May procedure is:
  (a) The private school shall secure the necessary application form             I. Between May I and May 10, the private school shall certify in
(B6T) from the public schools.                                                column (i), on the yellow summary form (B8T), by an "x" mark that
  (b) Private schools shall annually collect from the parent or guard-        the pupils were enrolled for the second half of the academic year,
ian, alphabetize and submit the application form (B6T) by May 15              January to June.
to the district from which transportation is being requested.                   2. Transported pupils or pupils whose parents or guardian receive
  (c) Prior to August I, the public schools shall prepare and forward         transportation aid, in lieu of transportation, must be noted as to
the white and pink copy of the summary form (BST) to the private              enrollment for the semester. In case of late registration or early
school with columns a, b, c, d, e, f, and g completed. In column "g",         withdrawal, the exact number of days of enrollment must be noted
use this code: U.M.-under mileage; a.M.-over mileage; N.T.-no                 in column (i). Payment shall be authorized according to statute law.
transportation; and P.S.-profit school.                                          3. After certification, the yellow summary form (BST), shall be
  (d) Simultaneously with subsection (c) of this Section, the public          signed by the administrative officer of the private school and returned
school shall notify parents as to the decision regarding transpor-            to the public school prior to May 10.
tation.]                                                                        4. The public school shall evaluate the yellow summary form
6:21-2.6 Early withdrawal                                                     (B8T), and if approved, shall pay transportation aid to the parent
  The public school shall be immediately notified by the administrative       or guardian of the eligible pupils.]
agent of the private school when a pupil eligible for transportation or       [6:21-2.9 No bid procedure
aid in lieu of transportation withdraws from the private school.                 If no bids are received after advertisement according to law, and
[6:21-2.7 Early withdrawal                                                    the local board of education is convinced that the cost would exceed
   When a transported or transportation aid pupil withdraws from              the statutory limitation of $200.00 the local board of education may
the private school, immediate written notification by the adminis-            provide the parent with transportation aid pursuant to N.J.S.A.
trative agent of the private school shall be made to the public school        ISA:39-1.]
and date noted on the summary form (B8T).]




                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                      (CITE 21 N.J.R. 2727)
                                   You're viewing an archived copy from the New Jersey State Library.
EDUCATION                                                                                                                               PROPOSALS

SUBCHAPTER 3.          REQUIREMENTS FOR PUBLIC SCHOOL                              (b) Definitions pertaining to State aid approval include the follow-
                       TRANSPORTAnON                                            ing:
                                                                                   "Aided pupil" means a pupil whose transportation is acceptable
6:21-3.1 Statutory basis
                                                                                for State aid (N.J.S.A. 18A:39-1, 18A:58-7, 18A:46-23).
  (a) Transportation of pupils attending public schools [is] shall be
                                                                                   "Nonaided pupil" means a pupil whose transportation is not ac-
furnished pursuant to N.J.S.A. 18A:39-1 et seq.
                                                                                ceptable for State aid.
  (b) District boards of education shall adopt policies and procedures
                                                                                   For the purpose of State reimbursement, "miles from school" shall
governing the transportation of pupils to and from school and school
                                                                                be the shortest distance in miles and tenths from the pupil's home
related activities.
                                                                                to his assigned school by an accessible public roadway or walkway.
                                                                                   (c) Transportation routes should be arranged so that the buses will
SUBCHAPTER 4.          SCHOOL BUS CAPACITY
                                                                                traverse the highways which serve the largest number of pupils within
[6:21-4.1 Overcrowding                                                          a reasonable time limit and at a minimum cost. Subject to exceptions,
  School buses shall not be overcrowded.]                                       such as pupils suffering from physical and organic defects, buses
                                                                                should not be required to leave the main route to pick up elementary
[6:21-4.2 Standees
                                                                                pupils residing within IIh miles of the route and high school pupils
  No standees shall be allowed.]                                                residing within two miles of the route.
[6:21-4.3 Determination of capacity                                                (d) State aided transportation should be limited to a trip to school
   In determining the maximum seating capacity of a bus, 15 inches              in the morning and a trip from school following the afternoon session
of seat length shall be allowed for each high school pupil and 13               except as hereinafter provided:
inches for each elementary school pupil.]                                          I. Pupils attending double sessions because of insufficient facilities
                                                                                to accommodate them for a full day. The county superintendent in
6:21-4.1 Capacity                                                               this case should approve State aid on a year-to-year basis if he is
  (a) The number of pupils assigned to a seat may not exceed the gross          satisfied that the board of education, or the legal voters, as the case
seating length in inches divided by 15. Application of the foregoing            may be, are making a reasonable effort to eliminate part-time school-
formula shall not result in the approval of a school vehicle with a seating     ing.
capacity In excess of 54.                                                          (e) Attendants assigned to school vehicles by the board of educa-
   1. Vehicles manufactured as 58 passenger elementary school vehicles          tion for the health, safety and welfare of the students may be State-
owned by a district board of education or contractor prior to the
                                                                                aided, when in the opinion of the county superintendent of schools,
effective date of this rule may be utilized until retirement.
                                                                                such personnel is necessary.
   (b) There shall be no standees.
                                                                                   (0 The following are examples where the county superintendent
   (c) This section shall not apply to a bus while being used as a common
                                                                                should not apportion State aid:
carrier on a preset franchised route and schedule.                                  I. Trips to museums, art galleries, music festivals, athletic events,
[6:21-4.4 Limitations                                                           play days and so forth;
  (a) No school bus with a capacity of more than 54 high school                    2. Special trips to transport pupils home who may have become
pupils or 58 elementary school pupils shall be approved for the                 ill during the school day;
transportation of school children.                                                 3. Special trips for pupils being detained or voluntarily remaining
  (b) This Section shall not apply to a bus while being used as a                beyond the normal school day;
common carrier. A public utility bus of larger capacity may be used                4. Shuttle trips from the pupil's assigned school to another school
under contract as a school bus, but may not transport more than                 or center for special instruction such as industrial arts, home econ-
54 high school pupils or 58 elementary school pupils.]                          omics, electronics, and so forth.
                                                                                   5. Exceptions include:
6:21-[4.5]4.2 Passengers                                                           i. State aid may be approved under certain circumstances for
  [No passengers except] A district board of education shall insure             transporting handicapped children from a public school to a center
that only enrolled eligible public school pupils, eligible private school       operated by a board of education for special services or instruction.
pupils, adults serving as chaperons or authorized school personnel shall        The county superintendent should consult a representative of the
be [carried on scheduled trips] transported.                                    State Department Office of Special Education to assure himself that:
SUBCHAPTER 7.           STATE AID                                                  (I) This special service is needed;
                                                                                   (2) This is the most satisfactory and economical means of provid-
[6:21-7.2 Sale of school vehicle                                                ing the special service; and
  (a) Any amount realized by a school district from the sale of a                  (3) State aid is not being used to encourage the continuation of
district owned vehicle, for which State funds have been or shall                an inadequate type of service or instruction.
hereafter be apportioned for such vehicle, shall be deducted on a                  ii. State aid may be approved under certain circumstances for
prorated basis as established by the initial purchase.                           transporting vocational students from a public school to a center
  (b) Such amount shall be deducted from the next ensuing appli-                operated by a local board of education or a county vocational board
cation for State aid for transportation by such district.                       of education for vocational instruction. The county superintendent
  (c) The sale of any such bus shall be approved by the county                  should consult a representative of the State Department Vocational
superintendent of schools.]                                                      Division to assure himself that the program is approved by the
6:21-7.2 State aid                                                               Vocational Division, and State aid is not being used to encourage
   Each district board of education shall be paid State aid for costs            the continuation of an inadequate type of service or instruction. To
directly related to the transportation of pupils to and from school when         qualify for State aid such transportation should be provided by the
the necessity, cost, and method have been approved by the county                 resident district to pupils who spend at least one-half of their school
superintendent of schools pursuant to N.J.S.A. 18A:58-7. All other              day at the vocational center, and should be limited to one trip per
transportation costs for educational purposes, excluding less than re-          school day from the resident high school to the vocational center and
mote transportation, shall be eligible for equalization aid and shall be         return.]
included in the net current expense budget.                                     6:21-7.3 State aid approval-route/contract
[6:21-7.3 State aid approval                                                       (a) State aid for approved transportation routes shall be 90 percent
  (a) State aid for each approved transportation route should be 75             of the approved cost of the route.
per cent of the adjusted cost of the route as follows:                             (b) For the purpose of State aid reimbursement, the words "remote
                                                                                from the school house" shall mean beyond 21/1 miles for high school
                aided pupil miles from school                                   pupils (grades nine through 12) and, beyond two miles for elementary
Cost of route X T    I    '1'1 f         h I X              3,4   = State aid   pupils (grades kindergarten through eight), except for educationally
                  ota pup. rm es rom sc 00

(CITE 21 N.J.R. 2728)                  NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                               You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                            Interested Persons see Inside Front Cover                                           EDUCATION

handicapped pupils. The "miles from home to school" shall be the                 2. Rent/lease and utilities (if metered/billed separately and used
shortest distance in miles and tenths from the entrance of the pupil's        exclusively for pupil transportation operation) of a transportation gar-
home to the nearest public entrance of the assigned school by a public        age. District must own a minimum of 10 vehicles used for the transpor-
roadway or public walkway.                                                    tation of pupils;
   (c) State aid for transportation shall be limited to an approved reg-         3. School bus/vehicle insurance;
ularly scheduled trip to school and a trip from school immediately               4. Only original purchase of approved pupil transportation routing,
following regularly scheduled sessions.                                       scheduling and vehicle maintenance computer software programs and
   (d) State aid shall be approved for transporting handicapped children      the maintenance of these approved computer software progams;
from a public school to an approved school or a center for special               5. Printing and mailing costs related to pupil transportation;
services or Instruction.                                                         6. School bus/vehicle driver's physical examination;
   (e) State aid shall be approved for transporting vocational students          7. School bus/vehicle driver's fingerprints;
from a public school to a county vocational school for vocational instruc-       8. District map for routing and scheduling;
tion provided the students spend at least one-half of the school day at          9. Advertising related to transportation;
the vocational center.                                                           10. First aid supplies and emergency equipment mandated on trans-
                                                                              portation vehicles;
6:11-7.4 State aid approval-vehicles                                             11. Tolls paid for to and from school transportation;
  (a) State aid shall be approved for the purchase, lease and rental             11. Two-way radios and cellular phones. Purchases require the prior
of vehicles used for the transportation of pupils to and from school.         approval of the county superintendent of schools;
The district board of education shall request the prior approval of the          13. Cost related to emergency exit drills;
county superintendent for the sale and/or purchase of vehicles on the            14. Safety equipment: top arms, roof hatches, crossing gates;
form prescribed by the Commissioner of Education.                                15. Special education travel expense in conjunction with out-of-dis-
  (b) School vehicles shall be sold pursuant to N.J.S.A. 18A:18A-45.          trict placements for educational reasons pursuant to N.J.A.C.
Any amount realized by a school district from the sale of a district          6:28-3.8(a)5; and
owned vehicle for which State funds have been or shall hereafter be              16. Seat belts/child restraint systems as mandated for special needs
apportioned for such vehicle, shall be deducted on a prorated basis as        students.
established by the initial purchase. Such amount shall be deducted from
the next ensuing application for State aid.                                   SUBCHAPTER 9.         SMALL VEHICLE AND EQUIPMENT
                                                                                                    SPECIFICAnONS
6:11-7.5 State aid approval-salaries
   (a) Salaries of the following district transportation personnel shall      6:21-9.2 Capacity
be approved for State aid when the following criteria are met.                  (a) The number of pupils allowed in each vehicle shall be de-
   1. Supervisor-The position of supervisor requires the prior approval       termined by the seat measurement. [15] Fifteen inches of seat length
of the county superintendent of schools. It shall be a full-time position     shall be allowed for each [high school (9-12) pupil and 13 inches for
with a minimum of 35 working hours per week, 1Z months a year in              each elementary (K-8)] pupil.
districts providing transportation to and from school for a minimum             (b) There shall be no standees.
of 1,000 pupils.
  1. Assistant Supervisor-The position of assistant supervisor re-            6:21-9.3 Chains or snow tires
quires the prior approval of the county superintendent of schools. It shall     Chains or snow tires [as required by the county superintendent of
be a full-time position with a minimum of 35 working hours per week,          schools] shall be provided and must be used for safe operation in
1Zmonths a year In districts which have an approved full-time supervisor      areas of snow and/or ice.
and transport a minimum of 5,000 pupils to and from school.                   6:21-9.5 First aid kit
  3. Secretary-The position of secretary shall be a full-time position          (a) A first aid kit which is a dust proof metal unit without a lock,
with a minimum of 35 hours per week, 1Z months a year in districts            with the words FIRST AID printed on the cover [and with the
which have an approved full-time supervisor and transport a minimum           contents to be maintained as hereinafter provided] must be provided
of 5,000 pupils to and from school.                                           with the contents maintained as follows:
   4. Clerk Typist-The position of clerk typist shall be a full-time             1.-8. (No change.)
position with a minimum of 35 hours per week, 1Z months a year in
districts which have an approved full-time supervisor and transport a         SUBCHAPER 10. SMALL VEHICLE REGULAnONS
minimum of 5,000 pupils to and from school.
   S. First Mechanic-The position of first mechanic shall be a full.          6:21-10.1 Motor Vehicle Registration
time position with a minimum of 35 hours per week, 12 months a year             (a) The owner of a private small vehicle wishing to enter into a
In districts owning a minimum of 10 vehicles used for the transportation      contract with a district board of education for the purpose of trans-
of pupils.                                                                    porting pupils, to and from school and to and from related school
  6. Second Mechanic-The position of second mechanic requires that            activities, [must] shall register [his or her] the vehicle with the
a district own a minimum of 25 vehicles used for the transportation           Division of Motor Vehicles. The Division of Motor Vehicles will
of pupils.                                                                    recall the present passenger plates of the owner and issue school
   7. Helper-The position of helper requires that a district own a            vehicle type 2 license plates at the prescribed registration fee. Owners
minimum of 15 vehicles used for the transportation of pupils.                 of private small vehicles [must] shall renew the vehicle registration
  8. Additional personnel for the maintenance of pupil transportation         on an annual basis.
vehicles require the approval of the county superintendent of schools            (b) A district board of education wishing to transport pupils in
and the Bureau of Pupil Transportation.                                       a district-owned vehicle to and from school and to and from related
  9. A school bus/vehicle driver must meet all the requirements of this       school activities [must] shall register the vehicle with the Division of
chapter.                                                                      Motor Vehicles. The Division of Motor Vehicles will provide the
   10. Attendant/Aide-An attendant/aide is assigned to a school ve-           district board of education with school vehicle type 2 license plates
hicle by the district board of education for the health, safety and welfare   at no registration fee. All no fee registration transactions with district
of handicapped students. This position requires the prior approval of         boards of education will be valid for 36 months.
the county superintendent of schools.                                            (c) (No change.)

6:11-7.6 State aid approval-other eligible items                              6:21-10.3 Parent transporting his or her own child or children
   (a) In order to be eligible for State transportation aid, the following      (a) A parent transporting only his or her own child or children under
Items shall be directly related to the transportation of pupils to and        contract with a district board of education wllJnot be required to possess
from school and are subject to documented justifications:                     a bus driver's license or to comply with the health examination
   1. Fuel, oil, lubricants, repair parts, tires, and tubes;                  prescribed for employees of the district board of education.

                                       NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                      (CITE    n   N.J.R. 1719)
                                    You're viewing an archived copy from the New Jersey State Library.
EDUCATION                                                                                                                                 PROPOSALS

  (b) Parents under contract with the district board of education utiliz-        such as educationally handicapped pupils, buses are not required to leave
ing a vehicle which has a capacity of greater than six shall be required         the main route to pick up elementary pupils residing within 1 ~ miles
to possess a bus driver's license in accordance with the Division of             of the route and high school pupils residing within two miles of the route.
Motor Vehicles statute N.J.S.A. 39:3-10.1.                                       The board of education shall reserve the right, with the approval of the
                                                                                 county superintendent, to change the route. If any change of route
SUBCHAPTER 11.            DRIVERS                                                results, adjustment in the contract price shall be made in accordance
                                                                                 with the bid. The basis for any adjustment will be the separate and
6:21-11.1 Requirements for drivers of school buses
                                                                                 distinct per mile, per vehicle or per pupil increase/decrease cost included
  (a) Drivers of school buses/vehicles shall meet all requirements of
                                                                                 in the bid.
N.J.S.A. 18A:39-17, 18, 19 and 20 and of the New Jersey Division of
                                                                                    (d) A route for the transportation of regular public and nonpublic
Motor Vehicles as per N.J.S.A. 39:1-1 et seq.
                                                                                 school pupils shall be described from the first bus stop to the destination
  (b) Drivers of school vehicles equipped with lap belts shall be required
                                                                                 listing each street traveled. The schedule for arriving and departing and
to wear them whenever the vehicle is in motion.
                                                                                 the vehicle capacity shall also be included.
6:21-11.2 Driver procedure                                                          (e) A route for the transportation of special education pupils shall
  The driver shall complete daily a driver's school bus condition report         be described listing each bus stop, the schedule for arriving and depart-
as prescribed by the Commissioner of Education.                                  ing and the vehicle capacity. The statement "the direction of the vehicle
                                                                                 from the last stop shall be along the safest most direct route to the
6:21-11.3 Emergency exit drills from school buses
                                                                                 destination" shall be included.
  (a) Schools shall organize and conduct emergency exit drills at least
                                                                                    (f) The need for specialized equipment, restrictions due to student
twice within the school year for all pupils who ride school buses.
                                                                                 classification or the need for an attendant shall be described.
  (b) The school bus driver shall participate.
                                                                                    (g) The specifications shall include a copy of the school calendar,
  (c) Drills shall be conducted on school property and be supervised
                                                                                 provisions for emergency closings and conditions for cancellation of
by the principal or person assigned to act in a supervisory capacity.
                                                                                 contracts.
                                                                                    (h) All equipment shall meet the current specifications for transpor-
SUBCHAPTER 12.            [ADVERTISING FOR BIDS] (Reserved)                      tation as set forth in the rules of the State Board of Education and
[6:21-12.1 Recommended form                                                      any additional specifications of the district board of education.
   The recommended form for advertising for bids is as follows:                     (i) All contractors shall comply with current applicable New Jersey
   Sealed proposals for the transportation of pupils will be received            statutes, regulations and with the policies and procedures of the district
by the Board of Education at the School District of the                          board of education governing pupil transportation.
Borough/Township of                  at         P.M. (Eastern Stan-                 (j) Specifications shall include the limits of liability insurance and
dard Time) on                              the                    day            the type(s) of bonding required by the district board of education.
of              19          at                       school building.               (k) The bid specifications shall include a statement which clearly
Specifications and bid forms for the routes and a standard form of               prohibits the commingling of students unless authorized to do so by the
questionnaire to be answered by the bidder may be secured from                   district board of education through the joint transportation agreement
_ _ _ _ _ _ _ _ _ . The Board of Education reserves the right                    process.
to reject any and all bids.
                                                                                 SUBCHAPTER 14.          BOND
                                     Secretary                                   6:21-14.1 Bidder guarantee
                                                                                    (a) A bidder shall be required to submit a guarantee payable to the
                                     Address]                                    district board of education that if a contract is awarded, the successful
                                                                                 bidder will enter into a contract and will furnish a performance bond.
SUBCHAPTER 13.            BID SPECIFICATIONS                                     Cash or negotiable securities are not authorized.
  6:21-13.1. General requirements                                                   (b) The district board of education, at its discretion, shall specify
    (a) The district board of education shall designate a committee,             the type guarantee required: certified check, cashier's check or bid
 official or employee to prepare the specifications for each route or            bond.
 contract for which proposals are sought. A copy of the specifications              (c) The district board of education shall require every bidder to
  shall be submitted to the county superintendent prior to advertisement         complete a questionnaire form as prescribed by the Commissioner of
  for bids. The specifications and advertisement for bids shall be approved      Education.
  and authorized by formal action of the board.                                     (d) The amount to be deposited shall be five percent of the bid, but
    (b) Any specification drawn for purposes of competitive bidding shall        in no case may the certified check, cashier's check or bid bond exceed
  be drafted in a manner designed to encourage free, open and competitive        $20,000.
  bidding. Specifications shall not knowingly exclude prospective bidders           (e) The bid bond, cashier's or certified check shall be forfeited upon
  by reason of the impossibility of performance or bidding by anyone             refusal of the successful bidder to execute a contract; otherwise, guaran-
. bidder. Any contract drawn which fails to meet the requirements of this        tee shall be returned when the contract is executed and a surety bond
  subchapter shall be set aside by the district board of education.          •   filed.
    (c) Potential or successful bidders shall not draft specifications or           (f) An unsuccessful bidder guarantee shall be returned within 10 days
  route descriptions.                                                            after the opening of the bids (Saturdays, Sundays and holidays ex-
    (d) Specifications shall not discriminate on the basis ofrace, religion,     cepted).
  sex or national origin. Bidders shall have an approved affirmative action      6:21-14.2 Surety bonds
  plan as required by P.L. 1975, c. 127 (N.J.S.A. 10:5-31 et seq.).                 (a) A surety bond shall be provided for the faithful performance of
6:21-13.2 Prescribed transportation specifications                               all provisions of the specifications and for all matters which may be
  (a) Transportation specifications shall be prepared to include, but not        contained in the notice to bidders relating to the performance of the
be limited to, the requirements of this chapter.                                 contract.
  (b) A separate route description shall be prepared for each individual            (b) The district board of education, at its discretion, may require one
route.                                                                           type of surety bond or allow for either a corporate surety bond or
  (c) A route is a selected or an established course oftravel by a vehicle       personal surety bond.
with definite stops for the purpose of loading and unloading students.              (c) The questionnaire form prescribed by the Commissioner of
Transportation routes should be arranged so that the buses will trans-           Education shall be made part of the bidding documents furnished to
verse the highways which serve the largest number of pupils within a             potential bidders.
reasonable time limit and at a minimum cost. Subject to exceptions,

(CITE 21 N.J.R. 2730)                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                              You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                            Interested Persons see Inside Front Cover                                          EDUCATION

6:21-14.3 Corporate surety bond                                                 (g) Variations from the specifications prescribed by the State Board
   (a) The district board of education may, at its discretion, require a      must be reasonable and are subject to review by the Commissioner and
surety bond furnished by a corporate surety company recognized by the         the State Board.
State Department of Insurance as being authorized to do business in             (h) When specifications are purposely formed to deter rather than
the State of New Jersey.                                                      to invite genuine competition, an award to the intentionally favored
   (b) Contracts and renewals shall be accompanied by a corporate             bidder will be set aside.
surety bond for the total annual amount of the contracts. Bonding for
multi-year contracts may be for such amount in excess of the propor-          6:21-15.2 Bidding requirements
tionate annual amount as the district board of education shall de-               (a) District boards of education shall request bids on a per route basis
termine. Contracts awarded on a per diem basis shall be bonded in the         for regular, nonpublic and in-district handicapped pupils or on a per
per annum amount based on 180 days.                                           route, per vehicle, per pupil, per mileage basis for the transportation
   (c) If it shall be necessary to substitute a corporate surety, the         of out-of-district handicapped pupils.
contractor shall furnish promptly the same information for the new               (b) The bids shall include a separate provision for adj,!sting the
corporate surety as required for the original corporate surety on the         contract as follows:
prescribed questionnaire form accompanying the bid.                              1. On a per mile basis for public and nonpublic regular and in-district
                                                                              special education routes; and
6:21-14.4 Personal surety bond                                                   2. On a per mile, per pupil, per vehiclebasis for out-of-district special
   (a) The district board of education, at its discretion, may permit a       education routes.
personal surety bond.                                                            (c) If applicable, the bids shall include a separate provision for an
   (b) Contracts and renewals shall be accompanied by a personal sure-        attendant/aid on a per diem basis.
ty bond for the total annual amount of the contracts. Bonding for multi-         (d) The bid shall also include the following:
year contracts may be for such amount in excess of the proportionate             1. The cost of liability insurance;
annual amount as the district board of education shall determine. Con-           2. An affirmative action statement and questionnaire;
tracts awarded on a per diem basis shall be bonded in the per annum              3. A stockholder's disclosure statement;
amount based on 180 days.                                                        4. The questionnaire form as prescribed by the Commissioner of
   (c) Personal bonds shall be signed by at least two responsible sure-       Education; and
ties, who are residents of New Jersey, neither of whom shall be a                5. A statement of noncollusion.
member of the district board of education.                                       (e) A bid bond, cashier's or certified check for five percent of the
   (d) If it shall be necessary to substitute a bondsman, the contractor      annual cost of the transportation contract shall accompany the bid.
shall promptly furnish the same information for the new bondsman as              (f) A surety (performance) bond shall be required equal at least to
required for the original bondsman on the prescribed questionnaire form       the amount of one year of the contract. In the case of contracts for
accompanying the bid.                                                         more than one year, the bond may be for such amount in excess of
   (e) The district board of education shall have the right to reject an      the proportionate annual amount as the board shall determine. District
individual surety offer, and may find it beneficial to request a certifica-   boards of education may specify one type of surety bond or allow for
tion that the individual's net worth is sufficient to cover the bond.         either a corporate surety bond or personal surety bond.
   (f) Personal surety bonds shall be submitted on the Personal Surety           (g) Bids are to be placed in a sealed envelope and plainly marked
Bond for Pupil Transportation Contract form as prescribed by the              "TRANSPORTATION BID FOR ROUTE OR CONTRACT
Commissioner.                                                                 NO.              SCHOOL DISTRICT OF                                       ..
                                                                              and presented to the board in session, authorized committee, designated
SUBCHAPTER 15.           BIDDING                                              official or employee of the board. The broad shall unseal the bids in
6:21-15.1 Responsibility of district board of education                       the presence of the parties bidding and publicly announce contents.
   (a) District boards of education shall have the option of annually         6:21-15.3 Questionnaire
bidding all transportation contracts or awarding annual extensions of            The questionnaire form as prescribed by the Commissioner of Educa-
an original contract. However, no contract for the transportation of          tion shall be made part of the bid.
pupils to and from school shall be made, when the amount to be paid
during the school year for such transportation shall exceed the bid           6:21-15.4   (Reserved)
threshold limit and have the approval of the county superintendent of         6:21-15.5 Bulk/combination bids
schools, unless the district board of education making such contract            (a) District boards of education may receive bulk or combination
shall have first publicly advertised for bids. Such advertisement shall       bids.
be published once in a newspaper circulating in the district at least 10        (b) Bulk or combination bids shall include individual route/contract
days prior to the date fixed for receiving proposals for such transpor-       costs.
tation. All bids shall be advertised with the time and place fixed to each      (c) If a percentage deduction is stipulated in the bid, it shall be
advertisement for submission of proposals to the district board of educa-     applied to each route/contract bid when all routes/contracts are
tion. No proposal shall be opened previous to the hour designated in          awarded.
the advertisement and none shall be received thereafter.                        (d) Bulk bidding shall not be used to intentionally eliminate com-
   (b) The district board of education shall reserve the right to reject      petitive bidding.
any or all bids.
   (c) All district boards of education local regulations regarding pupil     6:21-15.6 Receiving and opening bids
transportation shall be included in the specifications. Each prospective        (a) Unless the proposals are to be received in a meeting of the distict
bidder should be given a copy of the contract which the successful bidder     board of education, a committee, officer, or employee of the board must
will be required to execute. It is recommended that the district boards       be designated to receive the proposals at a time and place designated
of education keep a list of the names of all persons who take copies          by the board of education and included in the advertisment for bids.
of the specifications.                                                        At the time and place so designated and advertised, the board or any
   (d) All bidding shall be designed to prevent fraud, favoritism and         committee, officer, or employee designated by the board to do so, shall
extravagance, to safeguard the taxpayers and protect the lowest respon-       receive the proposals and proceed to unseal them and publicly announce
sible bidder.                                                                 their contents in the presence of the bidders or their agents. No
   (e) The specifications must be definite, precise and impose common         proposals shall be opened previous to the hour designated in the
standards.                                                                    advertisement and none shall be received thereafter.
   (f) These specifications and any revisions to these specifications shall     (b) A district board of education cannot impose new conditions and
be furnished to all prospective bidders and shall not restrict competitive    bidders cannot be allowed to change bids or make oral bids after they
bidding.                                                                      are opened. Specifications may not be modified after bids have been


                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                        (CITE 21 N.J.R. 2731)
                                  You're viewing an archived copy from the New Jersey State Library.
EDUCATION                                                                                                                            PROPOSALS

received and the contract awarded to one of the bidders upon revised         (e) Any person operating a bus under contract may appeal from
specifications.                                                            the action of the district board of education in the manner provided
  (c) Bulletins issued to explain minor details of specifications and to   by N.J.S.A. 18A:6-24, 25, [and 27 and l8A:6-]27, 28 and 29.
make minor changes will not invalidate the award of a contract to the
                                                                           6:21-16.4 Term of contract
successful bidder when it apears that all such bulletins were received
                                                                              (a) The district board of education shall [(Definitely)] indicate the
in advance of the submission of bids by all prospective and actual
                                                                           ~erm of the contract not exceeding four years. [(and alter bid form,
bidders. The officer of the board responsible for distributing specifi-
                                                                           If necessary.)]
cations to prospective bidders shall keep a list of their names and
                                                                              (b) Any contract for transportation is without force or effect until
addresses so that bulletins can be issued to them, if necessary. If, in
                                                                           approved by the county superintendent of schools.
good faith, a board finds it has made a mistake in its specifications
which cannot be corrected, it may reject all bids and readvertise.         6:21-16.5 Awarding contracts
                                                                              (a) Prior to the opening of school and in sufficient time to publicly
SUBCHAPTER 16.          CONTRACTS                                          advertise for bid, district boards of education shall assess their pupil
6:21-16.1 Rules                                                            transportation needs. If the assessment indicates that pupil transpor-
   (a) All contracts for transportation or renewals thereof shall be       tation services in the aggregate will exceed the statutory bid limit,
made in triplicate and shall be submitted to the county super-             except for contracts qualifying for renewal, all transportation services
intendent of schools for approval on or before September I in each         shall be bid in accordance with N.J.S.A. 18A:39-3.
year. Contracts awarded after September 1 of each year shall be               [(a)] (b) The contract shall be awarded to the lowest responsible
submitted to the county superintendent of schools for approval within      bidder by formal acti.on of the district board of education in a public
30 days after the award of the contract.                                   rneetmg. The board IS not authorized to delegate its power to enter
   (b) Each contract or renewal [thereof] submitted to the county          into a transportation contract.
superintendent shall be accompanied by: [a certified copy of the              (c) Contracts for the transportation of handicapped children to and
minutes of the district board of education authorizing the contract.]      from any school district shall be awarded by formal action of the district
   1. A bid specification with original contracts;                         board of education in a public meeting to the lowest responsible bidder
   2. A certified copy of the minutes of the district board of education   and whose bid the board has determined is the least costly method.
authorizing the contract;                                                  Documentation shall be on file to support the district board of educa-
   3. A certificate of insurance;                                          tion's determination for the least costly method. The board is not
   4. A bid newspaper advertisement with original contracts;               authorized to delegate its power to enter into a transportation contract.
   5. A surety (performance) bond;                                            [(b)] (d) Any award of a contract made by a district board of
   6. An affirmative action documentation; and                             education after advertisement must be according to the terms
   7. A stockholders' disclosure statement with original contracts.        advertised to prospective bidders. Each bidder shall be compelled to
   (c) Non-bid contracts between a district board of education and a       conform to every substantial condition imposed upon other bidders.
parent or guardian, transporting only his or her own child or children        [(c)l (e) After a contract has been awarded, a bidder cannot be
shall be accompanied by:                                                   relieved from conforming to the conditions imposed upon him or her
   1. A certified copy of the minutes of the district board of education   in the specifications, and cannot substitute something which does not
authorizing the contract; and                                              conform to the specifications.
                                                                              [(d)] (f) A district board of education cannot reject a bid of the
   2. A certificate of Insurance;
   [(c) Review and approval of transportation contracts by the coun-       lowest bidder upon the ground that he or she is not responsible
ty superintendent of schools is a review and approval as to form only.     without giving him or her a hearing upon the facts. To determine
The final determination of State transportation aid, if any, that is       that a bidder is not responsible, the district board of education must
payable to a district board of education for approved transportation       find as a fact, after notice and a public hearing, that the bidder is
expenditures shall be made by the Bureaus of Pupil Transportation          so lacking in experience. financial ability, equipment and facilities
and Audit within the Division of Finance of the State Department           [as] to justify [the belief upon the part of fair minded men] that he
of Education.]                                                             or she would be unable to carry out the contract, if awarded [to him].
   (d) Notwithstanding the county superintendent's approval, as noted         [(e)] (g) The lack of ability upon the part of a contractor to work
in N.J.A.C. 6:21-7.1, State aid shall be subject to modifications by the   in harmony or the district board['s] of education's inability to enforce
Commissioner of Education for good cause shown.                            the terms of a previous contract cannot be controlling factors in
   [(d)] (e) If the county superintendent of schools approves the con-     determining the bidder's responsibility[;] [and disputes] Disputes in-
~ract or renewal, one copy shall be filed with the county super-
                                                                           volving controverted questions of fact with reference to the per-
intendent, one with the district board of education, and one with the      formance of a previous contract do not constitute grounds for declar-
contractor.                                                                ing a bidder irresponsible, if such disputed matters can be taken care
   [(e) If the county superintendent of schools approves the transpor-     of under a contract properly safeguarding the public interest[,] with
                                                                           a contractor who is financially responsible.
 tation contract or renewal thereof, this does not by itself guarantee
 that the board of education will receive State aid for pupil transpor-    6:21-16.6 High, collusive or no bids
 tation expenditures.]                                                       If on two occasions no bids were received, or on two occasions bids
    (f) (No change.)                                                       were rejected by the district board of education because they were too
6:21-16.3 Rules constitute part of contract                                high, contracts shall be awarded pursuant to N.J.S.A. 18A:18A-5(c)
  (a) (No change.)                                                         and (d).
   (b) If any person operating a school bus under contract with a          6:21-16.7 Quoted contracts
district board of education shall fail to comply with any of the rules        (a) Quotations may be sought after the opening of school for unan-
governing pupil transportation, the board of education shall immedi-       ticipated to and from school transportation services. The process of
ately notify such person in writing of his or her failure to comply.       soliciting quotations cannot be used by district boards of education to
   (c) If the violation is repeated, the district board of education may   intentionally split transportation routes into smaller parts so as to avoid
require the violator to show cause at a hearing why his or her failure     reaching the amount determined by the Governor as the formal com-
to comply should not be deemed a breach of contract.                       petitive bidding requirement.
   (d) If, after due notice and hearing, the district board of education      (b) Quoted contracts may be issued for unanticipated to and from
shall determine that a breach of contract exists; it may call upon the     school transportation services provided the following requirements are
bondsman or surety company, as the case may be, to perform the             met.
contract or to reimburse the board for any financial loss resulting           1. At least three quotations shall be sought;
from the breach of the contract, and may annul the contract.                  2. Quotations shall be solicited on a per diem basis;


(CITE 21 N.J.R. 2732)                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                             You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                            Interested Persons see Inside Front Cover                                        EDUCATION

  3. Quoted contracts under the bid threshold may be in effect for the       6:21-16.11 Joint transportation agreements
balance of the school year but must be included in the aggregate cost           (a) Two or more district boards of education may provide jointly for
of transportation services for the ensuing school year;                      the transportation of pupils to and from any school(s), within or outside
  4. Quoted contracts over the bid threshold may be issued for a period      the district or counties.
not to exceed 90 calendar days. The competitive bid process must then           (b) Whenever in the judgment of the county superintendent of schools
be completed and awarded contracts implemented for the balance of            transportation of pupils could be more economically accomplished by
the school year; and                                                         joint transportation, he or she may order such joint transportation,
  5. Quoted contracts shall not be renewed.                                  assign the administration to one district board of education as host and
                                                                             prorate the cost on a per pupil mileage basis to the joining district
6:21-16.8 Renewing contract
                                                                             boards of education.
   (a) Annual extensions of an original contract, approved by the county
                                                                                (c) The district board of education providing the transportation,
superintendent of schools, are permitted provided:
                                                                             either by district-owned vehicle or contracted vehicle, will be referred
   I. The contract was entered into through competitive bidding;
                                                                             to as the "host".
   2. The terms of contract remain the same; and
                                                                                (d) The "host" district board of education will be responsible for
   3. There is no increase in the annual amount of the contract to the
                                                                             initiating the joint agreement.
district board of education or the increase in the original contractual
                                                                                (e) Four copies of the joint transportation agreement form prescribed
base amount as a result of such extension and not result in an "effective
                                                                             by the Commissioner shall be submitted to the county superintendent
increase" of more than 30 percent, except in cases where a student rider
                                                                             of schools for approval. Joint agreements between district boards of
is newly assigned to a route during the school year and extra mileage
                                                                             education located in more than one county shall be submitted to both
is necessary. Any such arrangement shall be approved by the county
                                                                             county superintendents of schools for approval.
superintendent of schools and shall be bid for the next school year.
                                                                                (f) Certified copies of board minutes for each district board of educa-
6:21-16.9 Addendum                                                           tion involved in the joint agreement shall accompany the joint transpor-
   (a) An addendum shall be required to adjust an existing contract or       tation agreement submitted to the county superintendent of schools.
contract renewal.
   I. An addendum to contract/contract renewal for regular pupils and        SUBCHAPTER 17.          INSURANCE
in-district handicapped pupils shall be calculated based on the in-          6:21-17.1 General provisions
crease/decrease mileage adjustment stated in the original bid.                  (a) [Each contractor shall furnish liability insurance for bodily
   2. An addendum to contract/contract renewal for out-of-district           injury or death in the following minimum amounts: All vehicles
handicapped pupils bid on a per route, per pupil, per mileage or per         transporting pupils, $300,000.00 for one person, $500,000.00 for one
vehicle basis, shall be calculated based on the increase/decrease adjust-    accident.] Each contractor and district board of education shall furnish
ment stated in the original bid.                                             liability insurance for bodily injury and property damage in the amount
   3. An addendum to contract/contract renewal for the purpose of            of $1,000,000 combined single limit per occurrence for all vehicles which
adding an attendant/aide may be a negotiated cost, provided the cost         are used for pupil transportation to and from school and school related
does not exceed the bid threshold.                                           activities.
   (b) An addendum to contract/contract renewal shall be submitted on           (b) [Such insurance] Insurance shall be obtained through a com-
the prescribed Contract Addendum form to the county superintendent           pany authorized to insure in New Jersey.
of schools for approval within 30 days of the adjustment.                       (c) [In lieu of the policy or certificate of insurance hereinbefore
   (c) Increased bonding is required when an addendum is added to an         prescribed, self-insuring corporations may tile the certificate
existing contract increasing the cost.
                                                                             prescribed in N.J.S.A. 48:4-12 and 13.] Self-insured transportation
   1. When an addendum is added to the contract, increasing the cost,        contractors and district boards of education as provided in N.J.S.A.
additional bonding coverage will not be required if the pro-rated cost       48:4-12 and 13 shall file a certificate of self-insurance with the county
of the original contract plus the additional cost of the addendum(s) does    superintendent of schools.
not exceed the amount of the original bond.                                     (d) Policies or certificates of insurance shall accompany all con-
   (d) A certified copy of the minutes of the district board of education    tracts or renewals [thereof] when [such] transportation contracts or
authorizing the adjustment shall accompany the Contract Addendum             renewals are submitted to the county superintendent of schools for
form.                                                                        approval.
6:21-16.10 Transferring contracts and contract renewals                         (e) Policies or certificates of insurance shall be submitted to the
   (a) Whenever a contractor has entered into or intends to enter into       county superintendent of schools for approval whenever policies are
an agreement to sell or assign to a purchaser all of the contractor's        amended, revised or renewed.
rights and liabilities with respect to the transportation contract between      (f) Transportation contractors and district boards of education shall
the district board of education and the contractor, such assignment          comply with these regulations as of September I, 1990.
requires the approval of the district board of education and the county
superintendent of schools.                                                   SUBCHAPTER 18.          INSPECTION
   (b) The transfer shall impose no additional cost to the district board    6:21-18.1 Applicability
of education.                                                                   (a) The provisions of this subchapter shall be applicable to all
   (c) All terms of the original contract shall remain in effect.            vehicles which are registered in this State, owned or leased by a
   (d) The assignment between the district board of education and the        district board of education, school bus contractor or individual under
purchaser shall not become effective until the purchaser provides:           contract with a district board of education and used for transpor-
   I. A certificate of insurance;                                            tation of pupils to and from school and/or to and from school related
   2. A surety (performance) bond;                                           [school] activities.
   3. A stockholders' disclosure statement; and                                (b) (No change.)
   4. Affirmative action documentation.
   (e) The prescribed "Pupil Transportation Contract Transfer Agree-         6:21-18.2 Division of Motor Vehicles inspection
ment" shall be completed for each contract.                                     (a) No school vehicle registered with the Division of Motor Ve-
   (f) Certified board minutes approving the transfer of the contract        hicles which is owned by or under contract with a district board of
must accompany the "Pupil Transportation Contract Transfer Agree-            education shall be used for transportation of pupils to and from
ment."                                                                       school and/or to and from school related [school] activities, as de-
                                                                             fined in NJ.S.A. 18A:39-I, unless such school vehicle is issued a
                                                                             school bus inspection sticker by the Division of Motor Vehicles.
                                                                             School vehicles shall be inspected or reinspected at Motor Vehicle
                                                                             Inspection Stations.

                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                      (CITE 21 N.J.R. 2733)
                                   You're viewing an archived copy from the New Jersey State Library.
EDUCATION                                                                                                                            PROPOSALS

   (b) (No change.)                                                         action plan addressing the specific recommendations to the county
   (c) Owners and operators of buses shall submit evidence of inspec-       superintendent of schools.
tion by the Division of Motor Vehicles to the county superintendent
                                                                            6:21-19.5 Compliance investigation
of schools at such time as he or she may deem necessary.
                                                                               (a) The Division of Compliance shall conduct a complete inspection
6:21-18.3 Department of Transportation inspection                           of pupil transportation procedures, operations, and costs for any district
   (a) No autobus under the jurisdiction of the Department of Trans-        board of education identified as deficient in the administration of pupil
portation and under contract with a district board of education shall       transportation as a result of the Bureau of Pupil Transportation review
be used for transportation of pupils to and from school [and/or to          or State Department of Education monitoring process.
and from school related activities], as defined in N.J.S.A. 18A:39-1,          (b) The compliance investigation will be conducted under the super-
unless such autobus is authorized for school use on the certificate         vision of the Director of the Division of Compliance under anyone of
of inspection issued by the Department of Transportation.                   the following circumstances:
   (b) An autobus under the jurisdiction of the Department of Transpor-        1. The Bureau of Pupil Transportation review indicates that con-
tation is exempt from authorization for school use on the certificate       ditions exist within the district that may prevent the successful im-
of inspection issued by the Department of Transportation when being         plementation of a corrective action plan.
used on a preset franchised route and schedule or chartered for school         2. A district board of education fails to implement and adhere to
related activities.                                                         the corrective action plan that has been approved by the county super-
   [(b)] (c) The Department of Transportation is responsible for the        intendent of schools; or
inspection and certification for school use of the omnibus vehicle             3. A district fails to achieve certification based upon deficiencies
registration.                                                               noted in pupil transportation and does not demonstrate reasonable
   [(c)] (d) Owners or operators of buses [approved] authorized for         progress pursuant to N.J.A.C. 6:8-S.2(c).
school use by the Department of Transportation shall submit
evidence of such approval to the county superintendent of schools
at such time as he or she may deem necessary.                                   ENVIRONMENTAL PROTECTION
   (e) A bus authorized for school use by the Department of Transpor-
tation may be inspected by a county superintendent for compliance with
the requirements of this chapter.
                                                                                                              (a)
6:21-18.4 Responsibility for reports and records                            DIVISION OF HAZARDOUS WASTE MANAGEMENT
  (a) (No change.)                                                          DIVISION OF SOLID WASTE MANAGEMENT
  (b) Inspection records [must] shall include:                              Civil Administrative Penalties and Adjudicatory
   1.-4. (No change.)                                                         Hearings
SUBCHAPTER 19         PUPIL TRANSPORTATION                                  Proposed New Rules: N.J.A.C. 7:26·5
                      GOVERNANCE AND ADMINISTRATION                         Authorized By: Christopher J. Daggett, Commissioner,
6:21-19.1 General Requirements                                                Department of Environmental Protection.
   (a) The Commissioner shall provide for a thorough reviewof district      Authority: N.J.S.A. 13: IE-I et seq., particularly 13:I E-6 and
boards of education transportation contracts and reports for form and          13:IE-9, and P.L. 1989, c.34, particularly section 20.
accuracy and to determine compliance with this chapter and N.J.S.A.         DEP Docket Number: 037-89-08.
18A:39.1 et seq.                                                            Proposal Number: PRN 1989-461.
   (b) The Commissioner shall provide for an evaluation of district           A public hearing concerning the proposed new rules will be held on:
boards of education pupil transportation operations and fiscal                      Monday, October 16, 1989
procedures to determine compliance with the provisions of this chapter.             10:00 A.M. to 12:00 noon
   (c) The Commissioner may withhold transportation aid for any dis-                Trenton War Memorial Building
trict board of education who is noncompliant with the provisions set                Veteran's Hall
forth in this chapter.                                                              Trenton, New Jersey
                                                                              Submit written comments by November 6, 1989 to:
6:21-19.2 Evaluation Procedures                                                     Carl Will, Esq.
   (a) District boards of education shall annually submit pupil transpor-           Division of Regulatory Affairs
tation reports to the county superintendent of schools as required by               Department of Environmental Protection
law and regulation for reviews as to form and accuracy including                    401 E. State Street, CN 402
recommendations for approval of state transportation aid.                           Trenton, New Jersey 08625
   (b) District boards of education must submit, by November 1st of         The agency proposal follows:
each year, the district audit check list for pupil transportation form
as prescribed by the Commissioner to the county superintendent of                                            Summary
schools for review.                                                            The Legislature, pursuant to P.L. 1986, c.170, Section I, amending the
   (c) The county superintendent of schools shall conduct a review of       Solid Waste Management Act, NJ.S.A. 13:IE-I et seq., increased the
district boards of education transportation costs every five years in       maximum allowable civil administrative penalties which the Department
accordance with N.J.A.C. 6:8-4.3(a)10vi.                                    has the authority to assess for violations of the Act. The Act requires
                                                                            the Commissioner to adopt civil administrative penalty rules as a con-
6:21-19.3 Regulatory review                                                 dition precedent to the Department's assessment of civil administrative
  (a) The Bureau of Pupil Transportation field representative shall         penalties between $25,000 and $50,000, and to the Department's
conduct quarterly reviews of the county superintendent's administration     assessment of civil administrative penalties of more than $2,500 per day
of pupil transportation. This reviewshall include a sampling of records     for each day during which a violation continues. Accordingly, the Depart-
that have been submitted to the county superintendent of schools by         ment hereby proposes such rules.
district boards of education to determine compliance with the provisions       Subsequently, the Legislature, pursuant to P.L. 1989,c.34, enacted the
of this chapter.                                                            Comprehensive Regulated Medical Waste Management Act, amending
  (b) The Bureau of Pupil Transportation shall conduct on site annual       and supplementing the Act, and authorizing the imposition of civiladmin-
reviews of district boards of education pupil transportation procedures,    istrative penalties up to the maximum allowable amounts set forth in the
                                                                            Act.
operations and fiscal records as directed by the Commissioner.
                                                                               The following new rules establish civil administrative penalty
6:21-19.4 Corrective plan                                                   assessment procedures and amounts for violations of the Act, or any rule
  Any district board of education found to be deficient as a result of      promulgated, any administrative order, permit, license or other operating
the Bureau of Pupil Transportation review shall submit a corrective         authority issued, any district solid waste management plan approved, or

(CITE 21 N.J.R. 2734)                 NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                              Interested Persons see Inside Front Cover                ENVIRONMENTAL PROTECTION

any Part A permit application filed, pursuant to the Act. The Act, at            will actually result in assessment by the Department of fewer penalties,
N.J.S.A. 13:IE-9(e), and at section 20 of P.L. 1989, c.34, requires the          thereby lessening the industry-wide economic impact of the proposal.
Department, when promulgating civil administrative penalty rules, to
                                                                                                           Environmental Impact
consider the operational history of the violator or the facility at which
                                                                                   The proposed new rules are intended to serve as a greater deterrent
the violation occurred, the severity of the violation, the measures taken
by the violator to mitigate or prevent further violations, and whether or        to those who would violate environmental statutes and rules. The Depart-
not the penalty will maintain an appropriate deterrent for violations of         ment anticipates that, by providing extensive civil administrative penalties
                                                                                 for violations of the Act and associated rules, the regulated community
 the Act. The Department proposes to assess civil administrative penalties
                                                                                 will have a stronger incentive to conduct their activities in conformance
using a base penalty for violations of Department rules governing hazard-
                                                                                 with the Department's rules, thereby better protecting public health and
ous waste management. The Department intends to assess civil adminis-
                                                                                 the natural resources of the State. The Department's action is consistent
trative penalties using the base penalty, as adjusted by the severity factors,
                                                                                 with the decision of the Appellate Division of the New Jersey Superior
in the majority of penalty assessment cases. For a violation of a require-
                                                                                 Court in State of New Jersey Department of Environmental Protection and
ment or condition of a permit, license or other operating authority, the
                                                                                 the New Jersey Pinelands Commission v, John Lewis. 215 N.J. Super. 564
Department will identify the corresponding requirement of any rule listed
in N.J.A.C. 7:26-5.4(g) and determine the amount of the civil adminis-           (App. Div. 1987). That Court decision stated that penalties should be
                                                                                 assessed in an amount which will "effectively strip (violators) not only
trative penalty on the basis of the rule provision violated. The Department
                                                                                 of profits made in connection with their illegal (activities), but also in
will apply the severity factors proposed in N.J .A.C. 7:26-5.4(1) to these
                                                                                 a sufficient amount to deter others from polluting the environment. The
base penalties to determine the amount of the civil administrative penalty.
                                                                                 penalty imposed must be large enough so as not to become the equivalent
   The Department has factored into the base penalty the severity of the
                                                                                 of a permit fee or a mere cost of doing business." ld. 215 N.J. Super..
violation, actions by the violator to mitigate or prevent further violations
                                                                                 at 576. Those who violate a State statute should neither profit by nor
and the deterrent effect of the penalty by establishing different base
                                                                                 escape responsibility for their actions.
penalties for different violations as proposed in N.J.A.C. 7:26-5.4.
   The Department proposes to factor in the operational history of the                                Regulatory Flexibility Analysis
facility at which the violation occurred through the use of the severity           The proposed new rules will not impose reporting, record keeping, or
factors in N.J.A.C. 7:26-5.4(f)3i through iv. The proposed procedure             other compliance requirements on small businesses. The purpose of these
would allow the Department to increase the civil administrative penalty          rules is to supplement the enforcement authority for existing compliance
depending on the type and timing of prior violations.                            requirements. The Department, in accordance with its mandate to protect
   The Department also proposes a civil administrative penalty assessment        human health and the environment, has determined that in assessing a
procedure for cases where the civil administrative penalty amount de-            penalty it would not be appropriate to require consideration of the size
termined under N.J.A.C. 7:26-5.4 would result in a civil administrative          of the business. It has been the Department's experience that statutory
penalty which would not, among other factors, provide a sufficient deter-        violations and the threat to human health and the environment caused
rent or otherwise meet the objectives of the Act, as amended by P.L. 1986,       thereby have no correlation to business size.
c.170. The Department proposes to reserve the discretion to use the
matrix proposed in N.J.A.C. 7:26-5.5 to determine the amount of the civil          Full text of the proposal follows:
administrative penalty if circumstances such as those described in
N.J.A.C. 7:26-5.5(a) exist. Such provisions are necessary to ensure that         SUBCHAPTER 5.          CIVIL ADMINISTRATIVE PENALTIES
the proposed rules do not result in limiting the Department's discretion                                AND REQUESTS FOR ADJUDICATORY
to assess civil administrative penalties which are high enough to provide                               HEARINGS
appropriate deterrent and to assure protection of human health and the           7:26-5.1 Scope and purpose
environment, but in no event more than $50,000 per violation.                       (a) This subchapter shall govern the Department's assessment of
   The Department further proposes to establish procedures governing
                                                                                 civil administrative penalties for violations of the Solid Waste Man-
requests for adjudicatory hearings, with respect to the assessment of civil
                                                                                 agement Act, N.J .S.A. 13:1E-l et seq., including the Comprehensive
administrative penalties or the issuance of administrative orders.
   The rule summary in N.J.A.C. 7:26-5.4(g), which summarizes certain            Regulated Medical Waste Management Act, P.L. 1989, c.34, amend-
provisions of N.J.A.C. 7:26-7 through N.J.A.C. 7:26-12, is provided for          ing and supplementing the Solid Waste Management Act (hereinafter
informational purposes only and shall have no other legal effect.                "the Act"), including violation of any rule promulgated, any adminis-
                                                                                 trative order, permit, license or other operating authority issued, any
                               Social Impact                                     district solid waste management plan approved, or any Part A permit
   The Department's proposal to establish civil administrative penalty           application filed, pursuant to the Act. This subchapter shall also
assessment rules pursuant to the Act will have a positive social impact          govern the procedures for requesting adjudicatory hearings on a
by discouraging noncompliance with the Act and associated rules, admin-          notice of civil administrative penalty assessment or an administrative
istrative orders, permits, licenses or other operating authorities issued,       order.
district solid waste management plans approved, and Part A permit
                                                                                    (b) The Department may assess a civil administrative penalty of
applications filed. By amending the Act to increase the penalties which
the Department may assess, it is the clear intent of the Legislature that        not more than $50,000 for each violation of each provision of the
the Department should realign its penalty assessment process to increase         Act, or any rule promulgated: any administrative order, permit,
penalties. The proposed new rules are the result of that reevaluation.           license or other operating authority issued, any district solid waste
These rules also result from the Legislature's approval on March 6, 1989         management plan approved, or any Part A permit application filed,
of the Comprehensive Regulated Medical Waste Management Act, which               pursuant to the Act.
amended and supplemented the Act and which authorized the imposition                (c) Each day during which a violation continues shall constitute
of civil administrative penalties up to the same increased amounts as set        an additional, separate and distinct violation.
forth in the Act. Accordingly, the civil penalties which are likely to result       (d) Neither the assessment of a civil administrative penalty nor the
from use of these rules will be, in many cases, higher than those presently      payment of any such civil administrative penalty shall be deemed to
being assessed by the Department.                                                affect the availability of any other enforcement provision provided
                                                                                 for by N.J.S.A. 13:IE-1 et seq. or any other statute, in connection
                              Economic Impact
   The proposed new rules should decrease the amount of Department               with the violation for which the assessment is levied.
resources required to assess and collect civil administrative penalties, by         (e) Nothing in this subchapter is intended to effect the Depart-
establishing an assessment system which, in most cases, will be by appli-        ment's authority to revoke or suspend any permit, license or other
cation of the Base Penalty Schedule and the severity factors in N.J.A.C.         operating authority issued under the Act. Specifically, the Depart-
7:26-5.4(b). Further, if this assessment system is used, the resulting pen-      ment may revoke or suspend a permit, license or other operating
alty will involve the application of no discretionary standards.                 authority, without regard to whether or not a civil administrative
   These rules will result in economic impact on violators equal to the          penalty has been or will be assessed pursuant to this subchapter.
amount of the higher penalties assessed against the violators. It is ex-            (f) For purposes of this subchapter, any person who undertakes
pected, however, that the additional compliance with the Act and as-             or performs an obligation imposed upon another person pursuant
sociated rules which will result from application of the proposed rules          to the Act, or any rules promulgated, any administrative order,

                                        NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                         (CITE 21 N.J.R. 2735)
                                  You're viewing an archived copy from the New Jersey State Library.
ENVIRONMENTAL PROTECTION                                                                                                           PROPOSALS

permit, license or other operating authority issued, any district solid    violator denies, the violator shall allege the fact or facts as the
waste management plan approved, or any Part A permit application           violator believes such fact or facts to be;
filed, pursuant to the Act, may at the discretion of the Department          4. Information supporting the request and specific reference to or
be subject to a civil administrative penalty pursuant to this              copies of all written documents relied upon to support the request;
subchapter in the same manner and in the same amount as such other            5. An estimate of the time required for the hearing (in days and/or
person.                                                                    hours); and
                                                                             6. A request, if necessary, for a barrier-free hearing location for
7:26-5.2    Procedures for assessment and payment of civil
                                                                           physically disabled persons.
           administrative penalties
                                                                             (b) If the Department does not receive the written request for a
   (a) In order to assess a civil administrative penalty under the Act,
                                                                           hearing within 20 days after receipt by the violator of the notice of
for violation of the Act, or any rule promulgated, any administrative
                                                                           a civil administrative penalty assessment and/or an administrative
order, permit, license or other operating authority issued, any district
                                                                           order being challenged, the Department shall deny the hearing re-
solid waste management plan approved, or any Part A permit appli-
                                                                           quest.
cation filed, pursuant to the Act, the Department shall, by means
                                                                             (c) If the violator fails to include all the information required by
of notice of civil administrative penalty assessment, notify the vio-
                                                                           (a) above, the Department may deny the hearing request.
lator by certified mail (return receipt requested) or by personal ser-
                                                                             (d) All adjudicatory hearings shall be conducted in accordance
vice. The Department may, in its discretion, assess a civil adminis-
                                                                           with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.,
trative penalty for more than one violation in a single notice of civil
                                                                           and the Uniform Administrative Procedure Rules, N.J.A.C. I: I.
administrative penalty assessment or in multiple notices of civil ad-
ministrative penalty assessment. This notice of civil administrative       7:26-5.4 Civil administrative penalties for violations of rules
penalty assessment shall:                                                             adopted pursuant to the Act
   I. Identify the section of the Act, rule, administrative order, per-       (a) The Department may assess a civil administrative penalty
mit, license, district solid waste management plan or Part A permit        pursuant to this section of not more than $50,000 for each violation
application violated;                                                      of each requirement of any rule listed in N.J.A.C. 7:26-S.4(g).
   2. Concisely state the facts which constitute the violation;               (b) Each violation of a rule listed in N.J.A.C. 7:26-S.4(g) shall
   3. Specify the amount of the civil administrative penalty to be         constitute an additional, separate and distinct violation.
imposed; and                                                                  (c) Each day during which a violation continues shall constitute
   4. Advise the violator of the right to request an adjudicatory          an additional, separate and distinct violation.
hearing, pursuant to the procedures in N.J.A.C. 7:26-5.3.                     (d) For each parameter that is required to be monitored, sampled
   (b) Payment of the civil administrative penalty is due upon receipt     or reported, the failure to so monitor, sample or report shall con-
by the violator of the Department's final order of a contested case        stitute an additional, separate and distinct violation.
or when a notice of civil administrative penalty assessment becomes           (e) Where any requirement of any rule listed in N.J.A.C.
a final order, as follows:                                                 7:26-S.4(g) may pertain to more than one act, condition, occurrence,
   I. If no hearing is requested pursuant to N.J.A.C. 7:26-5.3, the        item, unit, waste or parameter, the failure to comply with such
notice of civil administrative penalty assessment becomes a final          requirement as it pertains to each such act, condition, occurrence,
order on the 21st day following receipt by the violator of the notice      item, unit, waste or parameter shall constitute an additional, separate
of civil administrative penalty assessment;                                and distinct violation.
   2. If a hearing is requested pursuant to N.J.A.C. 7:26-5.3 and the         (I) The Department shall determine the amount of a civil adminis-
Department denies the hearing request, a notice of civil adminis-          trative penalty for each violation of any rule listed in N.J.A.C.
trative penalty assessment becomes a final order upon receipt by the       7:26-5.4(g) on the basis of the provision violated, according to the
violator of notice of such denial; or                                      following procedure. For a violation of a requirement or condition
   3. If a hearing is requested pursuant to N.J.A.C. 7:26-5.3 and an       of an administrative order, permit, license or other operating
adjudicatory hearing is conducted, a notice of civil administrative        authority, the Department may in its sole discretion identify the
penalty assessment becomes a final order upon receipt by the violator      corresponding requirement of any rule summary listed in N.J.A.C.
of a final order of a contested case.                                      7:26-S.4(g) and determine the amount of the civil administrative
                                                                           penalty on the basis of the rule provision violated.
7:26-5.3    Procedures to request an adjudicatory hearing to contest
                                                                              I. Identify the rule violated as listed in N.J.A.C. 7:26-S.4(g)7
            an administrative order and/or a notice of civil
                                                                           through 12;
            administrative penalty assessment, and procedures for
                                                                              2. Identify the corresponding base penalty dollar amount for the
            conducting adjudicatory hearings
                                                                           rule violated as listed in N.J.A.C. 7:26-S.4(g)7 through 12;
   (a) To request an adjudicatory hearing to contest an adminis-
                                                                              3. Multiply the base penalty dollar amount times the following
trative order and/or a notice of civil administrative penalty
                                                                           multipliers for each factor to obtain the severity penalty component,
assessment issued pursuant to the Act, the violator shall submit the
                                                                           as applicable:
following information in writing to the Department:
   I. The name, address, telephone number and EPA Identification                     SEVERITY FACTOR                               MULTIPLIER
Number (if applicable) of the violator and its authorized representa-          i. Violator had violated the same rule less than 12
tive;                                                                             months prior to the violation                            1.00
   2. The violator's defenses, to each of the Department's findings           ii. Violator had violated a different rule less than 12
of fact in the findings section of the administrative order or notice
                                                                                  months prior to the violation                            0.50
of civil administrative penalty assessment, stated in short and plain
terms;                                                                       iii. Violator had violated the same rule during the period
   3. An admission or denial of each of the Department's findings                 which began 24 months prior to the violation and
of fact in the findings section of the administrative order or notice             ended 12 months prior to the violation                   0.50
of civil administrative penalty assessment. If the violator is without       iv. Violator had violated a different rule during the
knowledge or information sufficient to form a belief as to the truth              period which began 24 months prior to the violation
of a finding, the violator shall so state and this shall have the effect          and ended 12 months prior to the violation .....         0.25
of a denial. A denial shall fairly meet the substance of the findings         4. To obtain the civil administrative penalty, add all of the severity
denied. When the violator intends in good faith to deny only a part        penalty components pursuant to (1)3 above, to the base penalty. If
or a qualification of a finding, the violator shall specify so much of     the sum total exceeds $50,000, then the civil administrative penalty
it as is true and material and deny only the remainder. The violator       shall be $50,000.
may not generally deny all of the findings but shall make all denials
as specific denials of designated findings. For each finding which the

(CITE 21 N,J.R. 2736)                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989
                                           You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                        Interested Persons see Inside Front Cover             ENVIRONMENTAL PROTECTION

  EXAMPLE: Base penalty (for violation of                                 7:26-7.4(a)4ii   Failure of generator to supply gener-
             N .J.A.C. 7:26-7.4(a)6)                           $1,000                      ator's EPA J.D. number on the manifest.          $300
           Subparagraph (t)3iii applies:                                  7:26-7.4(a)4iii Failure of generator to supply hauler(s)
             0.50 x 1000                                          500                      name, phone number, or New Jersey
           Subparagraph (t)3iv applies:                                                    registration number on the manifest.             $300
             0.25 x 1000                                     +    250     7:26-7.4(a)4iv Failure of generator to supply hauler(s)
           Civil administrative penalty                        $1,750                                                                       $)00
                                                                                           EPA J.D. number on the manifest.
  5. For the purpose of this section, violation of the "same rule"        7:26-7.4(a)4v Failure of generator to supply designated
means violation of the same specific requirement of a rule. Where                          facility's name, address or phone number
a rule has a list of specific requirements, the same item on the list                      on the manifest.                               $1,000
must be violated to be considered violation of the "same rule"; and       7:26-7.4(a)4vi Failure of generator to supply designated
  (g) The rule summary in this subsection, which summarizes certain                        facility's EPA I.D. number on the mani-
provisions in N.J.A.C. 7:26-7 through N.J.A.C. 7:26-12, is provided                        fest.                                          $1,000
for informational purposes only. In the event that there is a conflict
between the rule summary in N.J.A.C. 7:26-5.4(g) and a provision          7:26-7.4(a)4vii Failure of generator to list name, type,
in N.J.A.C. 7:26-7 through N.J.A.C. 7:26-12, then the provision in                         or quantity of waste being shipped on the
N.J.A.C. 7:26-7 through N.J.A.C. 7:26-12 shall prevail. The number                         manifest                                       $1,000
of the following subsections corresponds to the number of the cor-        7:26-7.4(a)4viii Failure of generator to list special han-
responding subchapter in N.J.A.C. 7:26.                                                    dling instructions on the manifest.              $300
   1.-6. (Reserved)                                                       7:26-7.4(a)ix    Failure of generator to supply waste
  7. The violations of N.J.A.C. 7:26-7, Labeling, Records and                              reuse facility identification number on
Transportation Requirements, and the civil administrative penalty                          the manifest.                                   $300
amounts for each violation, are as set forth in the following table.      7:26-7.4(a)5i    Failure of generator to sign manifest.         $2,000
RULE            RULE SUMMARY                      BASE PENALTY            7:26-7.4(a)5ii Failure of generator to obtain signature
                                                                                           of initial hauler and date of acceptance
N.J.A.C.                                                                                   on the manifest.                               $1,000
7:26-7.I(a)     Failure to placard vehicle containing                     7:26-7.4(a)5iii Failure of generator to retain one copy
                hazardous waste.                               $5,000                      of manifest or to forward one copy to
7:26-7.I(b)     Hazardous waste facility accepting haz-                                    state of origin or one to state of desti-
                ardous waste in a vehicle not properly                                     nation.                                        $1,000
                placarded.                                     $2,000     7:26-7.4(a)6     Failure of hauler, unable to deliver haz-
7:26-7.2(a)     Failure to label containers containing                                     ardous waste to designated facility, to
                hazardous waste with manifest numbers.           $500                      notify generator for instructions; or fail-
7:26-7.2(b)     Failure of generator to ensure all con-                                    ure of generator to provide further in-
                tainers are of proper construction type or                                 structions to hauler unable to deliver
                properly labeled.                              $2,000                      hazardous waste to designated facility.        $1,000
7:26-7.2(c)     Removal of container markings prior to                    7:26-7.4(a)7     Failure of generator shipping hazardous
                emptying and cleaning.                         $3,000                      waste within the U.S. solely by railroad
7:26-7.2(d)     Transfer of hazardous waste to new con-                                    or solely by water to send three copies of
                tainer (in transit) without labeling with                                  approved manifest form signed and
                manifest numbers.                                $500                      dated to owner or operator of designated
                                                                                           facility.                                      $1,000
7:26-7.2(e)     Hazardous waste facility accepting haz-
                ardous waste containers that are not                      7:26-7.4(a)8     Failure of generator to send at least three
                properly labeled or marked.                    $2,000                      copies of signed and dated manifest for
                                                                                           rail shipments of hazardous waste within
7:26-7.3(a)1    Failure to use manifest forms from the
                                                                                           the U.S. to next non-rail hauler, desig-
                Department for hazardous waste orig-                                                                                     $10,000
                                                                                           nated facility, or last rail hauler.
                inating in New Jersey.                           $300
                                                                          7:26-7.4(a)10 Generator offering acute hazardous
7:26-7.3(a)2    Failure to use approved manifest forms
                                                                                           waste or toxic waste for final land dis-
                for hazardous waste originating in
                                                                                           posal in New Jersey.                          $10,000
                another state and destined for New Jer-
                sey.                                             $300     7:26-7.4(c)      Failure of generator to comply with re-
                                                                                           quirements for shipping hazardous
7:26-7.3(a)3    Failure to use approved manifest forms                                     wastes out of the U.S.                        $1.0,000
                for hazardous waste originating in New
                Jersey and destined for another state.           $300     7:26-7.4(d)      Failure of generator shipping wastes out
                                                                                           of the U.S. to file an exception report.      $10,000
7:26-7.4(a)1    Failure of generator to have EPA identi-
                fication number before it treats, stores,                 7:26-7.4(e)2     Failure of generator to utilize a properly
                transports, offers for transportation, or                                  registered hauler.                             $5,000
                disposes of hazardous waste.                   $2,000     7:26-7.4(e)2     Failure of generator to utilize transporter
7:26-7.4(a)2    Failure of generator to have EPA identi-                                   with registration number properly dis-
                fication number before it offers hazard-                                   played.                                          $500
                ous waste to a hazardous waste hauler or                  7:26-7.4(e)3     Generator designating an unauthorized
                TSD facility.                                  $2,000                      facility, or a waste reuse facility which
7:26-7.4(a)3    Failure of generator to prepare a mani-                                    had not received a waste reuse identifi-
                fest before transporting or offering for                                   cation number, on the manifest.                $1,000
                transport hazardous waste off-site.           $10,000     7:26-7.4(e)4     Generator shipping or permitting the
7:26-7.4(a)4i   Failure of generator to supply gener-                                      shipment of hazardous waste to an un-
                ator's name, mailing address, site ad-                                     authorized facility, or to a waste reuse
                dress, or phone number on the manifest.          $300                      facility which had not received a waste
                                                                                           reuse identification number.                  $25,000
                                    NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                    (CITE 21 N.J.R. 2737)
                                   You're viewing an archived copy from the New Jersey State Library.
ENVIRONMENTAL PROTECTION                                                                                                             PROPOSALS
7:26-7.4(f)1      Failure of generator to keep copy of                      7:26-7.5(d)8i(l) Failure of rail hauler accepting hazard-
                  manifest for three years.                      $1,000                        ous waste from non-rail hauler to sign or
7:26-7.4(f)2      Failure of generator to keep copy of an-                                     da te manifest.                                $2,000
                  nual report or exception report for three                 7:26-7.5(d)8i(2) Failure of rail hauler accepting hazard-
                  years.                                           $500                        ous waste from non-rail hauler to return
7:26-7.4(f)3      Failure of generator to keep copy of                                         a signed copy of manifest to non-rail
                  manifest during course of unresolved en-                                     hauler.                                         $500
                  forcement action or as requested by the                   7:26-7.5(d)8i(3) Failure of rail hauler accepting hazard-
                  Department.                                    $1,000                        ous waste from non-rail hauler to for-
7:26-7.4(f)3      Failure of generator to keep copy of an-                                     ward manifest to next non-rail hauler,
                  nual report or exception report during                                       designated facility, or last rail hauler in
                  course of unresolved enforcement action                                      United States.                                 $1,000
                  or as requested by the Department.               $500     7:26-7.5(d)8ii Failure of rail hauler to ensure ap-
7:26-7.4(g)I      Failure of generator to submit annual                                        propriate shipping paper accompanies
                  report of manifest activities by March I.        $500                        hazardous waste at all times.                 $10,000
7:26-7.4(g)2      Failure of generator who stores hazard-                   7:26-7.5(d)8iv( I )Failure of rail hauler delivering hazard-
                  ous waste for more than 90 days to sub-                                      ous waste to designated facility to obtain
                  mit annual report summarizing treat-                                         date of delivery or handwritten signature
                  ment and disposal activities by March I.         $500                        of owner or operator of designated fa-
7:26-7.4(h)       Failure of generator to comply with ex-                                      cility.                                        $2,000
                  ception reporting requirements.                $1,000     7:26-7.5(d)8iv(2)Failure of rail hauler delivering hazard-
7:26-7.4(j)I      Generator offering hazardous waste, to                                       ous waste to designated facility to retain
                  waste reuse facility, without complying                                      copy of manifest.                               $500
                  with applicable requirements.                 $25,000     7:26-7.5(d)8v(l) Failure of rail hauler delivering hazard-
7:26-7.5(b)3i     Failure of hauler to compile list of sites                                   ous waste to non-rail hauler to obtain
                  corresponding to each manifested ship-                                       date of delivery or handwritten signature
                  ment of X700-series hazardous waste.           $1,000                        of non-rail hauler.                            $2,000
7:26-7.5(b)3ii    Failure of hauler to include name, ad-                    7:26-7.5(d)8v(2) Failure of rail hauler delivering hazard-
                  dress, quantity, or JD number of mani-                                       ous waste to non-rail hauler to retain
                  fest on list.                                    $300                        copy of manifest.                               $500
7:26-7.5(b)3iii   Failure of hauler to attach list to copy of               7:26-7.5(d)8vi Failure of non-rail hauler accepting haz-
                  manifest and forward to the Department.        $1,000                        ardous waste from rail hauler to sign or
                                                                                               date manifest.                                 $2,000
7:26-7.5(b)3iv    Failure of hauler to obtain a signed re-
                  ceipt from each site at which he accepts                  7:26-7.5(d)8vi Failure of non-rail hauler accepting haz-
                  X-7OO series hazardous waste.                  $1,000                        ardous waste from rail hauler to return
                                                                                               signed copy of manifest to rail hauler.         $500
7:26-7.5(c)I      Failure of hauler to obtain hazardous
                  waste hauler license prior to operation.      $10,000     7:26-7.5(d)9       Failure of hauler transporting waste out
                                                                                               of U.S. to indicate date waste left U.S.       $2,000
7:26-7.5(c)5      Failure of hauler to update license infor-
                  mation prior to October I of each year.          $500     7:26-7.5(d)1O      Failure of hauler to deliver entire quanti-
                                                                                               ty to designated facility, next designated
7:26-7.5(c)6      Failure of hauler to notify Department of                                    hauler or place outside U.S.                   $5,000
                  change of information on license.                $500
                                                                            7:26-7.5(d)1 I     Failure of hauler to contact generator for
7:26-7.5(d)1      Failure of hauler transporting hazardous                                     instructions and to revise manifest in case
                  wastes to have EPA identification                                            of undeliverable shipment.                     $2,000
                  number.                                        $1,000
                                                                            7:26-7.5(d)12 Failure of hauler to provide complete
7:26-7.5(d)2      Hauler accepting hazardous waste from
                                                                                               program of instruction for hauler em-
                  a generator when it is not accompanied                                       ployees.                                       $2,000
                  by a properly completed manifest.              $1,000
                                                                            7:26-7.5(d)13 Failure of hauler to comply with 49 CFR
7:26-7.5(d)3      Hauler accepting improperly labeled haz-
                                                                                               391.                                           $2,000
                  ardous waste.                                  $1,000
7:26-7.5(d)3      Hauler accepting hazardous waste that                      7:26-7.5(d)14   Failure of hauler to operate their vehicles
                  does not reasonably fit the description of                                 in conformance with 49 CFR 392.                  $2,000
                  the manifest.                                  $3,000     7:26-7.5(d)15    Failure of hauler to equip vehicle with
7:26-7.5(d)4      Failure of hauler to sign or date manifest.    $2000                       emergency equipment in conformance
                                                                   ,                         with 49 CFR 393.                                  $500
7:26-7.5(d)4      Failure of hauler to return a signed copy
                  of manifest to generator before trans-                    7:26-7.5(d)16    Failure of haulers to transport hazardous
                  porting.                                         $500                      waste in accordance with 49 CFR 397.             $1,000
7:26-7.5(d)5      Failure of hauler to ensure that manifest                 7:26-7.5(d)17    Failure of hauler to prevent registered
                  accompanies hazardous waste.                  $10,000                      vehicle from being used by another
7:26-7.5(d)6i     Failure of hauler to obtain date of de-                                    hauler not properly licensed by the De-
                                                                                                                                             $10,000
                  livery and handwritten signature of other                                  partment.
                  hauler or of owner or operator of desig-                  7:26-7.5(d)18    Failure of hauler to have in possession a
                  nated facility.                                $2000                       list of agencies to notify in event of dis-
                                                                   ,                         charge.                                           $500
7:26-7.5(d)6ii    Failure of hauler to retain copy of mani-
                  fest.                                              000    7:26-7.5(d)19    Failure of hauler to display registration
                                                                 $1,                         decal.                                           $1,000
7:26-7.5(d)6iii   Failure of hauler to give remaining
                  copies of manifest to the accepting hauler                7:26-7.5(e)       Failure of hauler to allow the Depart-
                  or designated facility.                        $1,000                       ment to enter and inspect any vehicle.          $5,000

(CITE 11 N.J.R. 1738)                  NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                             You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                           Interested Persons see Inside Front Cover           ENVIRONMENTAL PROTECTION

7:26-7.5(1)Ii     Failure of hauler to immediately notify                   7:26-7.6(b)3    Failure of facility owner or operator to
                  the Department and the generator con-                                     give hauler a copy of manifest.                $1,000
                  cerning an unauthorized discharge of                      7:26-7.6(b)4    Failure of facility owner or operator to
                  hazardous waste during transportation.         $5,000                     send copy of manifest to generator within
7:26-7.5(l)lii    Failure of hauler to take appropriate im-                                 thirty days after delivery of hazardous
                  mediate action to protect human health                                    waste.                                         $1,000
                  and environment from a discharge of                       7:26-7.6(b)5    Failure of facility owner or operator to
                  hazardous waste during transportation.        $10,000                     forward copy of manifest to Department
7:26-7.5(1)Iiii   Failure of hauler to take any action re-                                  or to generator's State agency by next
                  quired by N.J.A.C. 7:IE-2.3.                  $10,000                     business day.                                  $1,000
7:26-7.5(1)1 iv   Failure of hauler to clean up the dis-                    7:26-7.6(b)6    Failure of facility owner or operator to
                  charge and take action as may be re-                                      retain copy of manifest for three years.       $1,000
                  quired or approved.                           $10,000     7:26-7.6(c)     Importing hazardous waste from a
7:26-7.5(1)3      Failure by air, rail, highway or water                                    foreign country without notifying the
                  hauler having a discharge to comply with                                  Department or the EPA at least four
                  State and federal notice and report re-                                   weeks in advance of expected delivery.        $10,000
                  quirements.                                    $3,000     7:26-7.6(d) I   Failure of facility owner or operator re-
7:26-7.5(g)1      Failure of hauler to properly complete                                    ceiving hazardous waste from rail or
                  manifest.                                      $2,000                     water (bulk shipment) hauler to sign or
7:26-7.5(g)2      Hauler accepting hazardous waste from                                     date manifest or shipping paper.               $2,000
                  generator who failed to properly com-                     7:26-7.6(d)2    Failure of facility owner or operator re-
                  plete manifest.                                $2,000                     ceiving hazardous waste from rail or
7:26-7.5(g)3      Hauler transporting hazardous waste to                                    water (bulk shipment) hauler to note any
                  unauthorized facility.                         $5,000                     significant discrepancies in manifest or
7:26-7.5(h)1      Failure of hauler to maintain signed copy                                 shipping paper on each copy of manifest
                  of manifest for three years.                   $1,000                     or shipping paper.                             $1,000
7:26-7.5(h)2      Failure of water bulk shipment hauler to                  7:26-7.6(d)3    Failure of facility owner or operator re-
                  maintain copy of shipping paper for                                       ceiving hazardous waste from rail or
                  three years.                                   $1,000                     water (bulk shipment) hauler to give
                                                                                            hauler a copy of manifest or shipping
7:26-7.5(h)3      Failure of rail hauler to maintain copy of                                paper.                                         $1,000
                  manifest and shipping paper for three
                  years.                                         $1,000     7:26-7.6(d)4    Failure of facility owner or operator re-
                                                                                            ceiving hazardous waste from rail or
7:26-7.5(h)5      Failure of hauler to maintain copy of                                     water (bulk shipment) hauler to send
                  manifest and date shipment left U.S. for                                  copy of manifest or shipping paper to
                  three years.                                   $1,000                     generator within thirty days after de-
7:26-7.5(h)6      Failure of hauler to maintain copy of                                     livery.                                        $ I,000
                  manifest during the course of unresolved                  7:26-7.6(d)5    Failure of facility owner or operator re-
                  enforcement action or as requested by                                     ceiving hazardous waste from rail or
                  the Department.                                $1,000                     water (bulk shipment) hauler to retain
7:26-7.5(i)       Failure by hauler to submit annual re-                                    copy of manifest for three years.              $1,000
                  port of transportation activities by May                  7:26-7.6(e)1    Facility operator accepting waste other
                   I of each year.                               $1,000                     than that authorized by Department.           $25,000
7:26-7.6(a)1      Failure of facility owner or operator to                  7:26-7.6(e)2    Facility operator accepting waste from
                  obtain EPA identification number.              $5,000                     an unauthorized hauler.                        $5,000
7:26-7.6(a)2      Failure of facility operator to accept                    7:26-7.6(e)3    Facility operator accepting waste from a
                  waste only if properly labeled and                                        hauler failing to display Department
                  marked.                                        $2,000                     registration number.                             $500
7:26-7.6(a)2      Facility operator accepting hazardous                     7:26-7.6(1)1    Failure of facility owner or operator to
                  waste not accompanied by properly com-                                    maintain daily operating record.               $1,000
                  pleted manifest.                              $10,000
                                                                            7:26-7.6(1)2    Failure of facility owner or operator to
7:26-7.6(a)3      Failure of facility operator when accept-                                 prepare and submit two copies of an an-
                  ing waste other than that described in                                    nual report by March I of each year or
                  manifest to notify Department of dis-                                     failure of report to meet requirements.        $1,000
                  crepancy within one week.                      $1,000
                                                                            7:26-7.7(d)     Generator exempt pursuant to N.J.A.C.
7:26-7.6(a)4      Failure of facility operator when, after                                  7:26-7.7(b) or (c) offering hazardous
                  acceptance, waste is other than de-                                       waste to unregistered hauler.                  $3,000
                  scribed, to reconcile discrepancy with
                  generator or hauler, or to notify Depart-                 7:26-7.7(d)     Failure of generator exempt pursuant to
                                                                                            N.J.A.C. 7:26-7.7(b) or (c) to obtain writ-
                  ment within one week.                          $1,000
                                                                                            ten receipt from hauler or to retain re-
7:26-7.6(a)5       Failure of facility to obtain written gen-                               ceipt on file for three years.                  $500
                  erator approval or to execute manifests
                  before shipping waste to another facility.    $10,000       8. The violations of N.J.A.C. 7:26-8, Hazardous Waste Criteria,
7:26-7.6(b) I     Failure of facility owner or operator to                  Identification and Listing, and the civil administrative penalty
                  sign or date manifest.                         $2,000     amounts for each violation, are as set forth in the following table.
7:26-7.6(b)2      Failure of facility owner or operator to
                  note any significant discrepancies in the
                  manifest on each copy of the manifest.         $1,000

                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                    (CITE 21 N.J.R. 2739)
                                  You're viewing an archived copy from the New Jersey State Library.
ENVIRONMENTAL PROTECTION                                                                                                           PROPOSALS

RULE            RULE SUMMARY                       BASE PENALTY           7:26-9.3(d)3      Failure of generator accumulating haz-
                                                                                            ardous waste on-site without a permit to
N.J.A.C.
                                                                                            have accumulation area at or near any
7:26-8.5(a)     Failure of generator of solid waste to                                      point of generation where wastes initially
                determine if waste is hazardous.              $ I0,000                      accumulate in a process.                       $1,000
7:26-8.5(c)     Failure of generator, on request by De-                   7:26-9.3(d)4      Failure of generator to mark container
                partment, to submit plan for analyzing                                      with the words "HAZARDOUS
                the waste to detect presence of hazardous                                   WASTE".                                        $1,000
                waste constituents listed 1D N.J .A.C.
                                                                          7:26-9.3(d)5      Failure of generator to mark container
                7:26-8. I6.                                   $10,000
                                                                                            with the date the quantity reaches the
7:26-8.5(d)     Failure of generator to keep records of                                     volume indicated in N.J.A.C.
                any test results, analysis or other de-                                     7:26-9.3(d)1.                                  $1,000
                terminations for three years.                  $2,000
                                                                          7:26-9.3(d)6      Failure of generator to comply with
  9. The violations of N.J.A.C. 7:26-9, Requirements for Hazardous                          N.J.A.C. 7:26-9.3(d)6i, ii, or iii, within
Waste Facilities, and the civil administrative penalty amounts for                          three days after quantity of waste reaches
each violation, are as set forth in the following table.                                    the volume identified in N.J.A.C.
                                                                                            7:26-9.3(d)I.                                  $1,000
RULE            RULE SUMMARY                       BASE PENALTY           7:26-9.4(a)1      Failure of a facility owner or operator
                                                                                            who receives a new hazardous waste
N.J.A.C.
                                                                                            stream from an off site source to notify
7:26-9.2(a)2    Handling hazardous waste in a manner                                        generator in writing, of permit, and ac-
                that causes or may cause an un-                                             ceptance of new waste stream.                  $2,000
                authorized discharge of pollutants.            $5,000
                                                                          7:26-9.4(a)3      Failure of facility owner or operator to
7:26-9.2(b)1    Installation or use of new underground                                      notify the Department or comply with
                storage tanks containing hazardous                                          each requirement of N.J.A.C.
                waste.                                        $10,000                       7:26-9. I(c) 13 before accepting an off-site
7:26-9.2(b)2    Conversion of underground storage                                           waste stream for waste reuse.                   $2,000
                tanks in use or ready for use for storage                 7:26-9.4(b)li      Failure of facility owner or operator to
                of hazardous waste.                           $10,000                       obtain detailed chemical analysis of rep-
7:26-9.2(b)3    Use of existing underground storage                                         resentative sample before treating, stor-
                tanks for hazardous waste without                                           ing or disposing of any hazardous waste.       $10,000
                monitoring pursuant to N.J.A.C.                           7:26-9.4(b)liii    Failure of facility owner or operator to
                7: 14A-6 or not within time limitation or                                    repea t analysis as necessary to ensure
                without managing pursuant to N.J.A.C.                                        that it is accurate and up to date.            $5,000
                7:26-10.5(e)6.                                $10,000
                                                                          7:26-9.4(b)1v      Failure of owner or operator of an off
7:26-9.2(b)4    Use of hazardous waste piles.                 $25,000                       site facility to inspect each hazardous
7:26-9.2(c)     Discharging of hazardous waste into a                                       waste shipment received or analyze to
                sewer system without approval or not in                                     determine whether it matches the identity
                conformance with such approval.               $25,000                       of the waste specified on the accompany-
7:26-9.2(d)     Final land disposal of acute hazardous                                      ing manifest or shipping paper.                 $3,000
                waste or toxic waste not exempted by                      7:26-9.4(b)2       Failure of facility owner or operator to
                N.J.A.C. 7:26-9.2(d)1 and 2.                  $50,000                       develop or follow a written waste
7:26-9.3(a) I   Failure of generator to ship waste off site                                 analysis plan, or to comply with each of
                within 90 days or to place it in an on-                                      the requirements of N .J.A.C.
                site authorized facility.                      $2,000                       7:26-9.4(b)2.                                   $5,000
7:26-9.3(a)2    Failure of generator to place waste in                     7:26-9.4(b)3ii    Failure of facility owner or operator to
                containers that meet required standards                                     conform waste analysis with provisions
                or are properly managed.                       $2,000                       of proposed plan pending final approval
7:26-9.3(a)3    Failure of generator to clearly mark con-                                    by Department.                                 $5,000
                tainer with date when accumulation                         7:26-9.4(c)1      Facility owner or operator accepting
                period begins or to make mark visible for                                    waste it is not authorized to handle.         $25,000
                inspection.                                    $5,000      7:26-9.4(c)2      Failure of facility owner or operator to
7:26-9.3(b)     Failure of generator accumulating haz-                                       follow each of the requirements of
                ardous waste in above ground tanks for                                       N.J.A.C. 7:26-9.4(c)2 if offered waste of
                90 days or less without receiving Depart-                                    a type it is not authorized to handle.         $1,000
                ment approval, to comply with each re-                     7:26-9.4(d)li     Facility owner or operator storing haz-
                quirement of N.J.A.C. 7:26-9.3(b)1                                           ardous waste in inadequate container.          $2,000
                through 9.                                     $2,000      7:26-9.4(d)2      Failure of facility owner or operator to
7:26-9.3(d)1    Failure of generator accumulating haz-                                       handle hazardous waste as required by
                ardous waste on-site without a permit to                                     N.J.A.C. 7:26-9.4(d)2.                         $2,000
                ensure that quantity of waste in each area                 7:26-9.4(d)3      Failure of facility owner or operator to
                is less than 55 gallons of hazardous waste                                   use container compatible with hazardous
                or less than one quart of acutely hazard-                                    waste stored.                                  $2,000
                ous waste.                                     $1,000
                                                                           7:26-9.4(d)4      Failure of facility owner or operator to
7:26-9.3(d)2    Failure of generator accumulating haz-                                      comply with any of the requirements for
                ardous waste on-site without a permit to                                     management of containers.                      $1,000
                place waste in containers meeting stan-
                dards of N.J.A.C. 7:26-7.2 or to ap-
                propriately manage containers.                 $1,000

(CITE 21 N.J.R. 2740)               NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                               You're viewing an archived copy from the New Jersey State Library.
 'ROPOSALS                                         Interested Persons see Inside Front COfer             ENVIRONMENTAL PROTECTION

 :26-9.4(d)5      Failure of facility owner or operator to                  7:26-9.4(k)l     Failure of facility owner or operator to
                  perform daily inspection of each area                                      furnish upon request, or make available
                  where containers are stored.                  $1,000                       for inspection, any record.                      $5,000
 :26-9.4(d)6      Failure of facility owner or operator to                  7:26-9.4(k)2     Failure of facility owner or operator to
                  store containers holding ignitable or re-                                  keep any record during course of any
                  active wastes at least 50 feet from prop-                                  unresolved enforcement action or as re-
                  erty line.                                    $2,000                       quested by the Department.                       $2,000
':26-9.4(d)7      Failure of facility owner or operator to                  7:26-9.4(k)3     Failure of facility owner or operator to
                  comply with each of the special require-                                   submit copy of waste disposal locations
                  ments for incompatible wastes.                $2,000                       or quantities to Department or local land
':26-9.4(e)li     Failure of facility owner or operator to                                   authority upon closure of facility.             $25,000
                  keep ignitable, reactive or incompatible                  7:26-9.4( I)     Failure of facility owner or operator to
                  wastes separated and protected from                                        provide, when requested, work space at
                  sources of ignition or reaction.              $5,000                       the facility for a Department inspector
7:26-9.4(e)lii    Failure of facility owner or operator to                                   and equipment overseeing monitors and
                  confine smoking or open /lame to                                           analysis.                                        $1,000
                  specially designated locations while                      7:26-9.4(n)      Failure of facility owner or operator to
                  handling ignitable or reactive waste.         $2,000                       post a warning sign provided by the De-
7:26-9.4(e)Iiii   Failure of facility owner or operator to                                   partment in work areas.                          $1,000
                  conspicuously place "No Smoking" signs                    7:26-9.5         Failure of facility owner or operator to
                  wherever there is a hazard from ignitable                                  provide facility with ground water
                  or reactive waste.                              $500                       monitoring system in accordance with
7:26-9.4(e)2      Failure of the facility owner or operator                                  N.J.A.C. 7:14A-6.                               $50,000
                  to treat, store, or dispose of ignitable,                 7:26-9.6(a)      Failure of facility owner or operator to
                  reactive or mixtures of incompatible                                       design, construct, maintain or operate fa-
                  wastes in accordance with each of the                                      cility to minimize possibilities of fire, ex-
                  requirements of N.J.A.C. 7:26-9.4(e)2i                                     plosion or releases of hazardous waste or
                  through v.                                    $2,000                       hazardous waste constituents.                    $5,000
7:26-9.4(f)I      Failure of facility owner or operator to                  7:26-9.6(b)      Failure of facility owner or operator to
                  inspect for malfunctions, deterioration,                                   equip facility with emergency equipment.        $10,000
                  errors or discharges.                         $2,000      7:26-9.6(c)      Failure of facility owner or operator to
7:26-9.4(f)2      Failure of facility owner or operator to                                   test and maintain emergency equipment.           $5,000
                  perform frequent inspections pursuant to                  7:26-9.6(d)      Failure of facility owner or operator to
                  N.J.A.C. 7:26-9.4(1)2.                        $2,000                       maintain access to communications or
7:26-9.4(f)3      Failure of facility owner or operator to                                   alarm system.                                    $5,000
                  develop or follow written schedule for                    7:26-9.6(e)      Failure of facility owner or operator to
                  inspecting monitoring, safety, emer-                                       maintain sufficient aisle space for the un-
                  gency, security equipment, etc.               $2,000                       obstructed movement of personnel or
7:26-9.4(f)4      Failure of facility owner or operator to                                   equipment in an emergency.                       $2,000
                  follow proposed schedule for inspecting                   7:26-9.6(1)      Failure of facility owner or operator to
                  monitoring equipment pending Depart-                                       make required arrangements with police
                  ment approval.                                $2,000                       or fire departments, emergency response
7:26-9.4(f)5      Failure of facility owner or operator to                                   contractors, equipment suppliers, or
                  remedy any deterioration or malfunction                                    local hospitals, or to document any such
                  immediately or on an appropriate sched-                                    authority's refusal of such arrangements.        $5,000
                  ule.                                          $5,000      7:26-9.7(a)      Failure of facility owner or operator to
7:26-9.4(f)6      Failure of facility owner or operator to                                   have contingency plan designed to mini-
                  record inspections in log or to retain re-                                 mize hazards to human health and en-
                  quired information for three years.           $2,000                       vironment.                                      $10,000
7:26-9.4(g)       Failure of facility owner or operator to                  7:26-9.7(b)      Failure of facility owner or operator to
                  provide required classroom or on-the-job                                   carry out provisions of the plan immedi-
                  training for facility personnel.              $2,000                       ately if there is a fire, explosion or re-
7:26-9.4(h)1      Failure of facility owner or operator to                                   lease.                                          $25,000
                  have adequate surveillance system, or                     7:26-9.7(c)      Failure of contingency plan to describe
                  adequate artificial or natural barrier or                                  actions to be taken to comply with
                  means to control entry.                      $25,000                       NJ.A.C. 7:26-9.7(a), (b), or (e).                $5,000
7:26-9.4(h)3      Failure of facility owner or operator to                  7:26-9.7(d)      Iffacility has spec (40 CFR 112 or 151)
                  post signs meeting each requirement of                                     or DPCC (N.J.A.C. 7: IE) plan, failure of
                  N.J.A.C. 7:26-9.4(h)3.                        $2,000                       facility owner or operator to amend that
7:26-9.4(i)       Failure of facility owner or operator to                                   plan to incorporate hazardous waste
                  keep written operating records meeting                                     management provisions.                           $5,000
                  each requirement of N.J.A.C.                              7:26-9.7(e)      Failure of contingency plan to describe
                  7:26-9.4(i)I through 9.                       $2,000                       arrangements agreed to by local police or
7:26-9.4(j)       Failure of facility owner or operator to                                   fire departments, hospitals, contractors,
                  prepare or submit two copies of annual                                     or State or local emergency response
                  report to Department by March I in ac-                                     teams.                                           $1,000
                  cordance with N.J.A.C. 7:26-7.6(f)2.          $1,000


                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                      (CITE 21 N.J.R. 2741)
                               You're viewing an archived copy from the New Jersey State Library.
ENVIRONMENTAL PROTECTION                                                                                                       PROPOSALS

7:26-9.7(1)    Failure of contingency plan to list name,                 7:26-9.8(c)     Failure of facility owner or operator to
               addresses or phone numbers of persons                                     have written closure plan with plan.          $25,000
               qualified to act as emergency coordi-                     7:26-9.8(c)     Failure of facility owner or operator to
               nator.                                         $2,000                     keep copy of closure plan, or any re-
7:26-9.7(g)    Failure of contingency plan to list emer-                                 visions, at the facility.                      $1,000
               gency equipment, updated as required,                     7:26-9.8(1)     Failure of facility owner or operator to
               with its location, description, or                                        amend or request modification of closure
               capabilities specified.                        $2,000                     plan within 60 days of change.                 $2,000
7:26-9.7(h)    Failure of contingency plan to include                    7:26-9.8(g)     Failure of facility owner or operator to
               evacuation procedure for personnel in-                                    notify DEP 180 days prior to anticipated
               cluding signals, evacuation routes or                                     commencement of closure.                      $10,000
               alternate evacuation routes.                   $2,000
                                                                         7:26-9.8(h) I   Failure of facility owner or operator to
7:26-9.7(i)    Failure of contingency plan to be main-                                   submit closure plan pursuant to the
               tained at facility with a copy sent to local                              provisions of NJ.A.C. 7:26-9.8(h).            $10,000
               police or fire departments, hospitals or
                                                                         7:26-9.8(i)     Failure of facility owner or operator to
               State or local emergency response teams.       $2,000
                                                                                         treat, remove or dispose of waste within
7:26-9.7(j)    Failure of facility owner or operator to                                  90 days after final volume of wastes re-
               review or amend contingency plan as                                       ceived or closure plan approved.              $10,000
               necessary.                                     $2,000
                                                                         7:26-9.8(j)     Failure of facility owner or operator to
7:26-9.7(k)    Failure of facility owner or operator to                                  complete closure within 180 days after
               make emergency coordinator thoroughly                                     final volume of wastes received or closure
               familiar with plan or available at all                                    plan approved.                                $10,000
               times.                                         $5,000
                                                                         7:26-9.8(k)     Failure of facility owner or operator,
7:26-9.7(1)1   Failure of emergency coordinator to                                       when closure is complete, to have dis-
               identify character, source, amount or                                     posed of or decontaminated all facility
               areal extent of discharged materials, or to                               equipment or structures.                      $10,000
               activate alarms or communications sys-
                                                                         7:26-9.8(1)     Failure of facility owner or operator,
               tems, or to notify appropriate State or
                                                                                         when closure completed, to submit its
               local agencies if necessary.                   $5,000
                                                                                         own certification or that of an indepen-
7:26-9.7(1)2   Failure of emergency coordinator to                                       dent registered professional engineer to
               assess possible hazards to human health                                   the Department.                               $10,000
               and environment.                               $5,000     7:26-9.9(b)     Failure of facility owner or operator to
7:26-9.7(1)3   Failure of emergency coordinator to                                       continue proper post-closure care for 30
               notify appropriate emergency response                                     years and to comply with N.J.A.C.
               agency in situation threatening health                                    7:26-9.9(b).                                  $10,000
               and environment.                               $5,000     7:26-9.9(e)     Failure of facility owner or operator to
7:26-9.7(1)4   Failure of emergency coordinator to take                                  ensure that post-closure activity does not
               reasonable measures to ensure hazards                                     disturb final cover, linens), or contain-
               are minimized.                                  $5,000                    ment or monitoring system.                    $10,000
7:26-9.7(1)5   Failure of the emergency coordinator to                   7:26-9.9(1)     Failure of facility owner or operator to
               monitor leaks, pressure buildup, gas                                      perform post-closure care activities in ac-
               generation, or ruptures, if the facility                                  cordance with post-closure plan.              $10,000
               stopped operating due to fire, explosion                  7:26-9.9(g)     Failure of facility owner or operator to
               or discharge.                                  $5,000
                                                                                         have written post-closure plan.               $10,000
7:26-9.7(1)6   Failure of emergency coordinator to
                                                                         7:26-9.9(g)     Failure of facility owner or operator to
               provide for treating, storing, or disposing
                                                                                         keep copy of post-closure plan, or any
               of recovered waste, contaminated soil or                                  revisions, at the facility.                    $1,000
               surface water, or other material.               $5,000
                                                                         7:26-9.9(j)     Failure of facility owner or operator to
7:26-9.7(1)7   Failure of emergency coordinator to in-                                   amend or request modification of post-
               sure that in affected area of facility no
                                                                                         closure plan when necessary.                   $2,000
               incompatible waste is treated, stored or
               disposed of until cleanup procedures are                  7:26-9.9(k)     Failure of facility owner or operator to
               complete, or to insure that emergency                                     submit post-closure plan 180 days in ad-
               equipment is cleaned and fit for intended                                 vance of closure and pursuant to
               use before operations are resumed.              $5,000                    N.J.A.C. 7:26-9.9(k).                         $10,000
7:26-9.7(1)8   Failure of facility owner or operator to                  7:26-9.9(m)     Failure of facility owner or operator,
               notify DEP and local authorities that fa-                                 within 90 days after closure, to submit to
               cility is in compliance before operations                                 local authorities and DEP detailed infor-
               are resumed.                                    $5,000                    mation on site.                               $25,000
7:26-9.7(1)9   Failure of facility owner or operator to                  7:26-9.9(n)     Failure of facility owner or operator to
               submit incident report to DEP within 15                                   comply with requirements for notice in
               days after the incident.                        $2,000                    deed to property.                              $5,000
7:26-9.8(b)    Failure of facility owner or operator to                  7:26-9.10(e)1    Failure of facility owner or operator to
               close in a manner that minimizes further                                  have a written estimate of the cost of
               maintenance and controls to the extent                                    closing facility.                              $5,000
               necessary to protect human health and
               environment.                                   $50,000



(CITE 21 N.J.R. 2742)               NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                             You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                          Interested Persons see Inside Front COfer             ENVIRONMENTAt PROTECTION

7:26-9.IO(e)2   Failure of facility owner or operator to                   7:26-1O.4(b)liii Failure of container storage area to be
                adjust closure cost estimate for inflation                                  sloped or designed and operated to drain
                within 30 days after each anniversary of                                    efficiently, and for containers to be
                the preparation of the first closure cost                                   protected from contact with accumulated
                estimate.                                       $5,000                      liquids.                                         $5,000
7:26-9.IO(e)3   Failure of facility owner or operator to                   7:26-1O.4(b)liv Failure of container storage area to have
                revise the closure cost estimate whenever                                   capacity to contain 10 percent of volume
                a change in the closure plan increases the                                  of all containers or volume of largest
                cost of closure.                                $5,000                      container whichever is greater and ad-
7:26-9.IO(e)4   Failure of facility owner or operator to                                    ditional capacity for rainwater.                $10,000
                keep the latest closure cost estimate and                  7:26-1O.4(b)2    Failure of container storage area to be
                adjusted closure cost estimate at the fa-                                   protected from run-on, unless this re-
                cility.                                         $5,000                      quirement is waived.                             $5,000
7:26-9.10(1)    Failure of facility owner or operator to                   7:26-1O.4(b)3    Failure of facility owner or operator to
                establish financial assurance for closure                                   protect container storage area by remov-
                of facility.                                   $10,000                      ing accumulated precipitation from sump
7:26-9.II(c)1   Failure of facility owner or operator to                                    or collection area in a timely manner to
                have a written estimate of the cost of                                      prevent blockage or overflow.                    $3,000
                post-closure care.                              $5,000     7:26-1O.4(b)4    Failure of facility owner or operator to
7:26-9.II(c)2   Failure of facility owner or operator to                                    remove spilled or leaked waste daily from
                adjust cost estimate of post-closure care                                   sump or collection area.                         $5,000
                for inflation within 30 days after each                    7:26-1O.4(c) I   Failure of facility owner or operator to
                anniversary of the preparation of the first                                 remove all hazardous wastes and residues
                post-closure care cost estimate.                $5,000                      from containment system at closure or
7:26-9.1I(c)3   Failure of facility owner or operator to                                    failure to remove or decontaminate re-
                revise the post-closure care cost estimate                                  maining containers, liners, bases and soil
                whenever a change in the post-closure                                       containing or contaminated with hazard-
                plan increases the cost of post-closure                                     ous waste.                                      $10,000
                care.                                           $5,000     7:26-1O.4(c)2    Failure of facility owner or operator at
7:26-9.1I(c)4   Failure of facility owner or operator to                                    closure, to treat waste as a hazardous
                keep the latest post-closure care cost esti-                                waste unless proven to be non-hazard-
                mate at the facility.                           $1,000                      ous.                                            $10,000
7:26-9.11(d)    Failure of facility owner or operator to                   7:26-10.5(b)1 Failure of tanks to have sufficient
                establish financial assurance for post-                                     strength or to meet other specified re-
                closure care of facility.                      $10,000                      quirements.                                     $10,000
7:26-9.13(a)    Failure of facility owner or operator to                   7:26-10.5(b)2 Failure of facility owner or operator to
                meet liability requirements for sudden                                      ha ve shell thickness reports at facility for
                accidental occurrences.                        $10,000                      life of the tank.                                $J,ooo
7:26-9.13(b)    Failure of facility owner or operator to                   7:26-10.5(c)1    Facility owner or operator placing waste
                meet the liability requirements for                                         or other material in tank incompatible
                nonsudden occurrences.                         $10,000                      with such material.                             $10,000
7:26-9.14(a)    Failure of facility owner or operator or                   7:26-1O.5(c)2i Failure of tank to have controls to pre-
                guarantor to notify Department of com-                                      vent overfilling.                                $2,000
                mencement of proceeding under Title II                     7:26-1O.5(c)2ii Failure of facility owner or operator to
                of the Bankruptcy Code.                        $25,000                      maintain sufficient Freeboard for un-
7:26-9.14(b)    Failure of facility owner or operator to                                    covered tanks to prevent overtopping by
                establish other financial assurances or                                     wave or wind action or precipitation.            $2,000
                liability coverage pursuant to N.J.A.C.                    7:26-1O.5(d)1    Failure of above-ground tank storage
                7:26-9.14(b).                                  $10,000                      areas to have a containment system
                                                                                            capable of collecting and holding spills,
  10. The violations of N.J.A.C. 7:26-10, Additional Operational
                                                                                            leaks and precipitation.                        $10,000
and Design Standards for Hazardous Waste Facilities, and the civil
administrative penalty amounts for each violation, are as set forth        7:26-1O.5(d)li Failure of above-ground tank storage
in the following table.                                                                     area to have an underlying base free of
                                                                                            cracks or gaps, or to be sufficiently im-
RULE            RULE SUMMARY                        BASE PENALTY                            pervious.                                        $5,000
                                                                           7:26-1O.5(d)lii Failure of containment system to consist
N.J.A.C.                                                                                    of material compatible with material
7:26-1O.4(b)I   Failure of container storage area to have                                   stored.                                         $10,000
                a containment system capable of collect-                   7:26-1O.5(d)liii Failure of containment system to be
                ing and holding spills, leaks and precipi-                                  sloped or designed and operated to drain
                tation.                                         $5,000                      efficiently or to have tanks protected
7:26-1O.4(b) Ii Failure of container storage area to have                                   from contact with accumulated liquids.           $5,000
                an underlying base free of cracks or gaps;                 7:26-1O.5(d)liv Failure of containment system to have
                sufficiently impervious with permeability                                   capacity to contain 10 percent of volume
                rating no greater than 10-7 em/sec." .          $5,000                      of all tanks or volume of largest tank,
7:26-1O.4(b)lii Failure of container storage area to con-                                   whichever is greater, and additional ca-
                sist of material compatible with material                                   pacity for rainwater.                           $10,000
                stored.                                         $5,000

                                    NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                      (CITE 21 N.J.R. 2743)
                                   You're viewing an archived copy from the New Jersey State Library.
ENVIRONMENTAL PROTECTION                                                                                                              PROPOSALS

7:26-1O.5(d)2      Failure of facility owner or operator to                 7:26-10.6(a)3      Failure of facility owner or operator to
                   prevent run-on into containment system                                      design and operate surface impound-
                   unless requirement waived.                    $5,000                        ments used as TSDs in such a way as to
7:26-1O.5(d)3      Failure of facility owner or operator to                                    prevent discharges.                            $50,000
                   remove accumulated precipitation from                    7:26-10.6(a)4      Failure of facility owner or operator to
                   sump or collection area in a timely man-                                    obtain permit pursuant to N.J.A.C.
                   ner.                                          $3,000                        7:14A for surface impoundments.                $25,000
7:26-1O.5(d)4      Failure of facility owner or operator to                 7:26-10.6(b)       Failure of surface impoundment used as
                   remove spilled or leaked waste daily from                                   TSD to have liner system that prevents
                   sump or collection area.                      $5,000                        migration of waste during active life of
7:26-1O.5(e)li     Failure of facility owner or operator to                                    impoundment.                                   $50,000
                   inspect overfilling control equipment                    7:26-1O.6(b)li Failure of surface impoundment to have
                   each operating day.                           $1,000                        two liners installed to cover all surround-
7:26-1O.5(e)lii    Failure of facility owner or operator to                                    ing earth likely to be in contact with the
                   inspect data gathered from monitoring                                       waste or leachate.                             $50,000
                   equipment each operating day.                 $1,000     7:26-1O.6(b)lii Failure of primary liner synthetic ma-
7:26-1O.5(e)Jiii   Failure of facility owner or operator to                                    terial to be at least 30 mils thick to pre-
                   monitor monitoring equipment continu-                                       vent flow of liquid through liner during
                   ously during use if no automatic alarm.       $1,000                        active life of facility.                       $25,000
7:26-1O.5(e)liv    Failure of facility owner or operator to                 7:26-10.6(b) I iii Failure of secondary liner to consist of
                   inspect level of waste in uncovered tanks                                   at least three feet of soil or synthetic ma-
                   each operating day.                           $1,000                        terial at least 30 mils thick to prevent
7:26-10.5(e)lv     Failure of facility owner or operator to                                    liquid from flowing through during life
                   inspect construction materials of above-                                    of facility.                                   $25,000
                   ground portions of a tank for erosion or                 7:26-1O.6(b)liv Failure of facility owner or operator to
                   corrosion and leaking of pipes, seams or                                    place lower liner on foundation capable
                   fixtures.                                     $2,000                        of providing support.                          $50,000
7:26-1O.5(e)lvi    Failure of facility owner or operator to                 7:26-10.6(b)lv Failure of each liner to be suitable for
                   inspect area immediately surrounding                                        purpose intended and compatible with
                   tank for signs of leakage.                    $1,000                        waste placed in impoundment.                   $50,000
7:26-10.5(e)2      Failure of facility owner or operator to                 7:26-10.6(b)lvi Failure of liner to have properties that
                   develop and implement schedule and                                          prevent failure due to pressure head, con-
                   procedure for assessing condition of                                         tact with the waste, climatic conditions,
                   tank.                                         $1,000                         and stress of installation.                   $50,000
7:26-1O.5(e)3      Failure of facility owner or operator to                 7:26-1O.6(b)lvii Failure of bottom surface of secondary
                   specify procedures to respond to tank                                        liner to be no less than five feet above
                   spills or leakage as part of contingency                                    seasonally high water table.                   $50,000
                   plan.                                         $2,000     7:26-1O.6(b)lix Failure of surface impoundment to have
7:26-1O.5(e)4      Failure of facility owner or operator to                                    secondary collection system between pri-
                   remedy any leak, crack or wall thinning                                      mary and secondary liner.                     $50,000
                   or any equipment or process malfunction                  7:26-1O.6(b)lx Failure of facility owner or operator to
                   discovered during inspection.                 $5,000                        obtain certification of system by licensed
7:26-1O.5(e)5      Failure of facility owner or operator to                                    engineer.                                      $10,000
                   subject above ground tank to periodic                    7:26-10.6(c)\       Failure of surface impoundment to be
                   integrity testing on appropriate schedule.    $1,000                        designed and constructed to prevent dis-
7:26-1O.5(e)6      Failure of facility owner or operator to                                    charge during active life.                     $10,000
                   subject underground tank to periodic in-                 7:26-10.6(c)2       Failure of surface impoundment to be
                   tegrity testing.                              $2,000                        designed and constructed to prevent
7:26-JO.5(h)1      Failure of facility owner or operator at                                     overtopping and to provide at least 60
                   closure to remove all hazardous wastes                                      centimeters of freeboard.                       $5,000
                   and residues from tanks, discharge con-                  7:26-1O.6(c)3       Failure of surface impoundment to be
                   trol equipment, discharge confinement                                       designed with dikes.                            $5,000
                   structures and the containment system.       $10,000     7:26-1O.6(c)4       Failure of earthen dikes to have protec-
7:26-1O.5(i)1       Failure of facility owner or operator to                                    tive covers.                                   $5,000
                   meet specific requirements before placing                7:26-10.6(c)5       Failure of surface impoundments to be
                   ignitable or reactive waste in a tank.        $5,000                        designed in such a way that flow of waste
7:26-1O.5(i)2       Failure of facility owner or operator                                       into impoundment can be immediately
                   treating or storing ignitable or reactive                                   shut off.                                      $25,000
                   wastes in covered tanks to comply with                   7:26-1O.6(c)6       Failure of surface impoundments to be
                   NFPA's buffer zone requirements for                                          designed with a run-on control system.         $5,000
                   tanks.                                        $5,000
                                                                            7:26-1O.6(c)7       Failure of facility owner or operator to
7:26-10.50)1        Failure of facility owner or operator to                                    obtain certification of system by licensed
                   prevent placing incompatible wastes in                                      engineer.                                      $10,000
                    the same tank.                               $5,000
                                                                            7:26-1O.6(d)        Failure of owner or operator of surface
7.26-1O.5(j)2       Failure of facility owner or operator to                                    impoundment to implement a
                   prevent the placing of hazardous waste in                                   groundwater monitoring system.                 $10,000
                   an unwashed tank which previously held
                   incompatible waste.                           $5,000

(CITE 21 N.J.R. 2744)                  NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                             You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                        Interested Persons see Inside Front Cover              ENVIRONMENTAL PROTECfION

7:26-1O.6(e)1  Failure to maintain and operate surface                    7:26-1O.6(g)6      Failure of facility owner or operator to
               impoundments to prevent overtopping,                                          close surface impoundment that is not
               so as to comply with N.J.A.C.                                                 being put back into service in accordance
               7:26-1O.6(c)2.                                 $5,000                         with (h)1 through 6.                         $25,000
7:26-10.6(e)2  Failure to operate surface impoundment                     7:26-1O.7(b)2      Failure of facility owner or operator,
               with at least 60 centimeters of freeboard.     $5,000                         throughout normal operation of in-
7:26-10.6(e)3  Failure to maintain and operate earthen                                       cinerator, to conduct sufficient waste
               dikes in accordance with N.J.A.C.                                             analyses to verify compliance with per-
               7:26-1O.6(c)3 or to keep free of burrow-                                      mit.                                          $5,000
               ing animals.                                    $5,000     7:26-1O.7(f)1      Failure of facility owner or operator to
7:26-1O.6(e)4  Failure to divert run-on away from sur-                                       operate incinerator in accordance with
               face impoundment.                               $5,000                        operating requirements of permit.             $5,000
7:26-10.6(e)5 Failure to meet requirements for placing                    7:26-10.7(03       Feeding hazardous waste into the in-
               ignitable or reactive waste in surface im-                                    cinerator during start up and shut down
               poundment.                                      $5,000                        when it is not operating within the con-
7:26-1O.6(e)6  Failure to prevent incompatible wastes                                        ditions of operation in the permit.          $10,000
               and/or materials from being placed in                      7:26-1O.7(f)4i     Failure of facility owner or operator to
               same surface impoundment.                       $5,000                        keep combustion zone of incinerator
7:26-1O.6(e)8   Failure of facility owner or operator of                                     totally sealed against fugitive emissions.    $3,000
               surface impoundment to conduct a                           7:26-1O.7(04ii     Failure of facility owner or operator to
               groundwater decontamination program                                           maintain combustion zone of incinerator
               if groundwater is contaminated.                $25,000                        at lower pressure.                            $3,000
7:26-1O.6(e)9   Failure to operate surface impoundmen'                    7:26-1O.7(f)4iii   Failure of owner or operator of in-
               in such a way that odors cannot be de-                                        cinerator to provide approved alternate
               tected off-site.                                $2,000                        means of control of fugitive emissions.       $3,000
7:26-1O.6(e)1O Failure of facility owner or operator to                   7:26-10.7(05       Failure of owner or operator to operate
               meet requirements before placing acute                                        incinerator with automatic feed cut off.      $3,000
               hazardous waste in surface impound-                        7:26-10.7(06       Failure of facility owner or operator to
               ment.                                          $50,000                        cease operation of incinerator if change
7:26-10.6(e)ll Failure of facility owner or operator to                                      in waste feed or operating conditions ex-
               comply with each requirement of                                               ceed permit limits.                           $5,000
               N.J.A.C. 7:26-1O.6(e)11 before placing                     7:26-IO.7(f)7i     Failure of owner or operator of in-
                F020-series waste into surface impound-                                      cinerator to fulfill all the conditions of
                ment.                                         $50,000                        N.J.A.C. 7:27-8 permit.                       $5,000
7:26-10.6(01    Failure of facility owner or operator to                  7:26-1O.7(f)7ii    Failure of all components connected or
               comply with inspection requirements for                                       attached to the equipment or control ap-
               surface impoundments prior to and fol-                                        paratus of the incinerator to be function-
               lowing construction.                            $5,000                        ing properly or to be used in accordance
7:26-10.6<02    Failure of facility owner or operator to                                     with NJ.A.C. 7:27-8 permit.                   $5,000
               comply with inspection requirements                        7:26-10.7(h) I     Failure of owner or operator of in-
               during operation and closure of surface                                       cinerator to conduct the following
                impoundments.                                  $2,000                        monitoring while incinerating hazardous
7:26-1O.6(f)3   Failure of facility owner or operator of                                     waste:
                surface impoundment to remedy de-                         7:26-IO.7(h)li     Combustion temperature, waste feed
                terioration or malfunction or condition                                       rate, auxiliary fuel feed rate, continu-
                of permit noncompliance.                       $5,000                        ously;                                        $2,000
7:26-10.6(04    Failure of facility owner or operator of                  7:26-1O.7(h)lii    Carbon monoxide or oxygen, continu-
                surface impoundment to have liners                                           ously;                                        $2,000
               certified by registered professional engi-                 7:26-10.7(h)liii    Upon request by DEP, sampling or
                neer upon completion of construction.         $10,000                        analyses of waste or exhaust emissions.       $5,000
7:26-1O.6(g)1   Failure of facility owner or operator to                  7:26-1O.7(h)liv     Upon request by DEP, monitoring on
                remove surface impoundment from ser-                                         continuous basis of sulfur dioxide, total
                vice if liquid level suddenly drops or if                                     organics, opacity or other contaminant
                dike leaks.                                   $25,000                         or parameter specified by the Depart-
7:26-1O.6(g)2   Failure of facility owner or operator to                                      ment.                                        $5,000
               comply with requirements necessary                         7:26-1O.7(h)2       Failure of facility owner or operator to
                when surface impoundment is removed                                           completely inspect incinerator or as-
                from service.                                 $25,000                         sociated equipment at least daily, or to
7:26-1O.6(g)3   Failure of facility owner or operator of                                      check emergency waste feed cut-off con-
                surface impoundment to comply with re-                                        trols or alarm systems daily.                $2,000
                quirements if liquid leaks into leak detec-                7:26-10.7(/)1      Failure of facility owner or operator to
                tion system.                                  $25,000                         remove all hazardous waste and hazard-
7:26-1O.6(g)4   Failure of facility owner or operator to                                      ous waste residues from incinerator site.   $10,000
                have requirements for surface impound-                     7:26-10.7(1)2      Failure of owner or operator of in-
                ment in contingency plan.                      $2,000                         cinerator to have scrubber water tested
7:26-10.6(g)5 Failure of facility owner or operator to                                        and approved by DEP before discharge
               comply with requirements for placing                                           to POTW or to navigable water.               $5,000
               surface impoundments back into service.        $25,000

                                    NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                     (CITE 21 N.J.R. 2745)
                                  You're viewing an archived copy from the New Jersey State Library.
ENVIRONMENTAL PROTECTION                                                                                                           PROPOSALS

7:26-1O.8(b)      Failure of hazardous waste landfill to be                 7:26-1O.8(e)13i Failure of owner or operator to comply
                  in compliance with N.J.A.C. 7:14A and                                      with any conditions contained in DEP
                  applicable provisions of N.J.A.C.                                          authorization.                                 $2,000
                  7:26-13.                                         $5,000   7:26-10.8(e)14 Failure of owner or operator of hazard-
7:26-1O.8(d)3     Failure of owner or operator of hazard-                                    ous waste landfill to pump out and prop-
                  ous waste landfill to establish gas                                        erly dispose of leachate collected in sec-
                  monitoring system, gas venting program                                     ondary system.                                $10,000
                  and to notify Department within 30 days                   7:26-1O.8(e)15 Failure of owner or operator of hazard-
                  of gas detection.                               $10,000                    ous waste landfill to operate leachate col-
7:26-1O.8(e)I     Failure of owner or operator of hazard-                                    lection system so that leachate depth over
                  ous waste landfill to manage run-on, run-                                  primary liner does not exceed one foot.        $5,000
                  off system after storm.                          $5,000   7:26-1O.8(e)17 Failure of owner or operator of hazard-
7:26-1O.8(e)2     Failure of owner or operator of hazard-                                    ous waste landfill to prevent odors from
                  ous waste landfill to collect run-off.           $5,000                    being detected off-site.                       $2,000
7:26-1O.8(e)3     Failure of owner or operator of hazard-                   7:26-1O.8(e)18 Failure of owner or operator of hazard-
                  ous waste landfill to remove, treat or dis-                                ous waste landfill to control insects and
                  pose of leachate in accordance with                                        rodents.                                        $500
                  N.J.A.C. 7:26 and NJ.A.C. 7:14A.                $10,000   7:26-1O.8(e)19 Failure of owner or operator of hazard-
7:26-10.8(e)4     Failure of owner or operator of hazard-                                    ous waste landfill to control dust.             $500
                  ous waste landfill to prevent migration of                7:26-IO.8(e)21 Failure of owner or operator of hazard-
                  pollutants into surface waters or                                          ous waste landfill to comply with require-
                  groundwater.                                    $10,000                    ments for F020, F02l, F022, F023, F026,
7:26-1O.8(e)6i Failure of facility owner or operator to                                      and F027 wastes.                              $10,000
                  cover hazardous waste landfill.                 $10,000   7:26-1O.8(e)22 Failure of owner or operator of hazard-
7:26-10.8(e)6ii Failure of owner or operator of hazard-                                      ous waste landfill to use test for de-
                  ous waste landfill to apply daily or inter-                                termining presence of free liquids before
                  mediate cover to landfill.                       $5,000                    accepting waste.                               $5,000
7:26-1O.8(e)7     Operating a hazardous waste landfiJJ                      7:26-10.8(g)li Failure of owner or operator of hazard-
                  within 200 feet of property boundary.           $10,000                    ous waste landfill to prevent overpacked
7:26-1O.8(e)8     Failure of owner or operator of hazard-                                    drums to be made of material that will
                  ous waste landfill to render ignitable,                                    react with, or be decomposed or ignited
                  corrosive or reactive waste to no longer                                   by waste contained from being placed in
                  meet definition before placing in hazard-                                  landfill.                                      $5,000
                  ous waste landfill.                             $10,000   7:26-1O.8(g)lii Failure of owner or operator of hazard-
7:26-1O.8(e)9     Owner or operator of hazardous waste                                       ous waste landfill to tightly seal over-
                  landfill placing incompatible wastes and                                   packed drums before placing in landfill.      $2,000
                  materials in same landfill cell.                $10,000   7:26-10.8(g)liii Failure of overpacked drums to meet
7:26-10.8(e)10 Owner or operator of hazardous waste                                          DOT regulations being placed in landfill.     $2,000
                  landfill placing prohibited wastes in haz-                7:26-1O.8(g)2    Failure to meet requirements for inside
                  ardous waste landfill:                                                     containers of overpacked drums before
7:26-1O.8(e)lOi Bulk liquids;                                     $10,000                    placing in a hazardous waste landfill.        $5,000
7:26-1O.8(e)IOii Non-containerized liquid waste; or               $10,000   7:26-10.8(g)2i Failure of metal outer container to be full
7:26-1O.8(e)lOiii Waste containing free liquid:                   $10,000                    after packing with inside containers and
                                                                                             absorbent material.                           $5,000
7:26-10.8(e)IOiv Acute hazardous waste (H) as listed in
                  NJ.A.C. 7:26-8.15(a)5 and toxic waste                     7:26-1O.8(g)2ii Failure to have absorbent material that
                  (T) as listed in N.J.A.C. 7:26-15(a)6.          $10,000                    is not capable of reacting dangerously
                                                                                             with, being decomposed by, or being ig-
7:26-1O.8(e)I I Failure of owner or operator of hazard-                                      nited by the contents inside the con-
                   ous waste landfill to meet criteria before                                tainers in accordance with N.J.A.C.
                  placing con tainerized waste in landfill.       $10,000
                                                                                             7:26-9.4(e).                                  $5,000
7:26-IO.8(e)12 Failure of owner or operator of hazard-                      7:26-1O.8(g)3    Failure to prevent incompatible wastes
                   ous waste landfill to comply with require-                                from being placed in same outside con-
                   ments for containers placed in landfill.                                  tainer.                                       $5,000
                   Unless they are very small, such as an
                   ampule, containers must be either:                       7:26-1O.8(g)4    Failure to meet requirements for over-
                                                                                             packed reactive wastes before placing in
7:26-IO.8(e)12i At least 90 percent full when placed in                                      hazardous waste landfill.                      $5,000
                   landfill; or                                    $2,000
                                                                            7:26-10.8(h)2    Failure to meet inspection requirements
7:26-IO.8(e)12ii Crushed flat, shredded, or similarly re-                                    for hazardous waste landfill.                  $2,000
                   duced in volume to the maximum prac-
                   tical extent before it is buried beneath the                II. The violations of N.J.A.C. 7:26-11, Additional Requirements
                   surface of landfill.                            $2,000   for Hazardous Waste Facilities Operating Under Existing Facility
7:26-1O.8(e)13 Owner or operator of hazardous waste                         Status, and the civil administrative penalty amounts for each vio-
                   landfill placing hazardous waste in land-                lation, are as set forth in the following table.
                   fill without Department approval if
                   liquid is detected in secondary collection
                   system.                                        $25,000



(CITE 21 N.J.R. 2746)                  NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                              You're viewing an archived copy from the New Jersey State Library.
 -ROPOSALS                                        Interested Persons see Inside Front Cover             ENVIRONMENTAt PROTECTION

 lULE             RULE SUMMARY                     BASE PENALTY            7:26-11.2(1)2     Failure of owner or operator to prevent
                                                                                             the placing of hazardous waste in an un-
 U.A.C.                                                                                      washed tank which previously held in-
 :26-II.2(a)2   Failure of facility owner or operator to                                     compatible waste or material, except in
                prevent hazardous wastes or treatment                                        compliance with N.J.A.C. 7:26-9.4(e)2.          $5,000
                reagents from being placed in tank if they                 7:26-II.3(a)      Failure of surface impoundments to have
                can cause its inner liner to rupture, leak,                                  at least two feet of freeboard.                 $2,000
                corrode, or otherwise fail.                   $10,000
                                                                           7:26-II.3(b)      Failure to provide protective cover for
 :26-11.2(a)3   Failure of facility owner or operator to
                                                                                             earthen dikes of grass, shale, or rock.         $5,000
                operate uncovered tanks to ensure at
                least two feet of freeboard, unless tank                   7:26-II.3(c)      Failure to meet waste analyses and trial
                is equipped with a containment structure,                                    test requirements for surface impound-
                drainage control system or diversion                                         ments.                                          $5,000
                structure.                                     $2,000      7:26-1J.3(d)1     Failure of owner or operator to inspect
':26-11.2(a)4   Failure of facility owner or operator to                                     freeboard level at least once each operat-
                provide stop in flow mechanism where                                         ing day.                                        $1,000
                hazardous waste is continuously fed into                   7:26-II.3(d)2     Failure of owner or operator to inspect
                tank.                                          $2,000                        the surface impoundment, including
':26-1 l.2(b) I Failure of facility owner or operator to                                     dikes and vegetation surrounding the
                provide additional waste analyses or                                         dike, at least once a week to detect any
                documentation when substantially dif-                                        leaks, deterioration, or failures in the im-
                ferent waste is stored in tank.                $5,000                        poundment.                                      $2,000
':26-II.2(b)li Failure to conduct waste analyses and                       7:26-11.3(1')     Facility owner or operator placing ignit-
                trial treatment or storage tests; or           $5,000                        able or hazardous waste in surface im-
                                                                                             poundment without meeting require-
1:26-II.2(b)lii Failure to obtain written, documented                                        ments of N.J.A.C. 7:26-11.3(1').                $5,000
                information on similar storage or treat-
                ment of similar waste under similar oper-                  7:26-11.3(g)      Facility owner or operator placing in-
                ating conditions to show that all appli-                                     compatible wastes in same surface im-
                cable requirements are met.                    $5,000                        poundment without compliance with
                                                                                             N.J.A.C. 7:26-9.4(e)2.                          $5,000
7:26-1 1.2(c)I  Failure of facility owner or operator to
                inspect tank discharge control equipment                   7:26-11.4(a)2     Failure to conduct collection and han-
                at least daily.                                $1,000                        dling of run-off as a solid waste.              $5,000
7:26-II.2(c)2   Failure of facility owner or operator to                   7:26-11.4(a)3     Failure to prevent wind dispersion of
                inspect data gathered from tank monitor-                                     hazardous waste.                               $10,000
                ing equipment at least daily.                  $1,000      7:26-11.4(a)4     Failure to prohibit disposal or disposal
7:26-II.2(c)3    Failure of facility owner or operator to                                    operation within 200 feet of property
                inspect level of waste in tank at least                                      boundary.                                      $10,000
                daily during operation.                        $1,000      7:26-lI.4(a)5     Failure of owner or operator of hazard-
7:26-11.2(c)4    Failure of facility owner or operator to                                    ous waste landfill to meet the require-
                inspect construction materials of the tank                                   ment of daily or intermediate cover in
                for corrosion, leaks, etc. at least weekly.    $2,000                        accordance with N.J.A.C. 7:26-2.                $5,000
7:26-11.2(c)5    Failure of facility owner or operator to                  7:26-11.4(a)6     Failure of owner or operator of hazard-
                inspect construction materials and areas                                     ous waste landfill to treat ignitable or
                surrounding confinement structures                                           reactive waste before placing in landfill.     $10,000
                weekly.                                        $1,000      7:26-11.4(a)7     Placing incompatible wastes in same haz-
                                                                                             ardous waste landfill cell.                    $10,000
7:26-11.2(d)      Failure of facility owner or operator at
                  closure, to remove all hazardous waste                   7:26-11.4(a)8     Placing bulk or non-containerized liquids
                  and residues from tanks, discharge con-                                    in landfill without treating liner and
                  trol equipment, etc;                        $10,000                        liquids and stabilizing liquids.               $10,000
7:26-1 l.2(e) I   Failure of facility owner or operator to                 7:26-11.4(a)9     Placing containerized liquids in hazard-
                  meet requirements before ignitable or re-                                  ous waste landfill.                            $10,000
                  active waste is placed in a tank.            $5,000      7:26-11.4(a)1O Failure to have container, unless very
7:26-11.2(e)2     Failure of facility owner or operator to                                   small, such as an ampule, to be either:
                  comply with NFPA requirements for                        7:26-1.1.4(a)IOi At least 90 percent full when placed in
                  buffer zones for treatment or storage in                                   landfill; or                                    $2,000
                  covered tanks.                               $5,000      7:26-11.4(a) lOii Crushed flat, shredded, or similarly re-
7:26-11.2(1)      Failure of facility owner or operator to                                   duced in volume to the maximum prac-
                  comply with requirements for incom-                                        tical extent before it is buried beneath the
                  patible wastes.                              $5,000                        surface of landfill.                            $2,000
7:26-11.2(1)1     Failure of owner or operator to prevent                  7:26-11.4(a) I I Failure of owner or operator of hazard-
                  the placing of incompatible wastes, or                                     ous waste landfill to cease disposal if
                  wastes and materials, in same tank, ex-                                    liquid detected in secondary collection
                  cept in compliance with N.J.A.C.                                           system unless authorization from De-
                  7:26-9.4(e)2.                                $5,000                        partment for continued disposal has been
                                                                                             obtained.                                      $25,000




                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                     (CITE 21 N.J.R. 2747)
                                   You're viewing an archived copy from the New Jersey State Library.
ENVIRONMENTAL PROTECTION                                                                                                            PROPOSALS

7:26-11.4(b) I     Failure of facility owner or operator to                  7:26-11.6(c)     Failure of facility owner or operator to
                   maintain in operating record details of                                    meet waste analysis requirements for
                   location and dimensions of each hazard-                                    thermal treatment of hazardous waste.         $10,000
                   ous waste landfill cell.                        $10,000   7:26-11.6(d)I    Failure of facility owner or operator
7:26-11.4(b)2      Failure of facility owner or operator to                                   when thermally treating hazardous waste
                   maintain in operating record the contents                                  to monitor and inspect instruments relat-
                   of each hazardous waste landfill cell and                                  ing to temperature and emission control
                   location of each hazardous waste type.           $2,000                    at least every 15 minutes.                     $2,000
7:26-11.4(c)I      Failure of owner or operator of hazard-                   7:26-11.6(d)2    Failure of facility owner or operator
                   ous waste landfill to place final cover                                    when thermally treating hazardous waste
                   over landfill as required by Department.        $50,000                    to monitor and inspect stack plume, at
7:26-11.4(c)4i     Failue of owner or operator of a hazard-                                   least hourly.                                  $2,000
                   ous waste landfill to maintain the func-                  7:26-11.6(d)3    Failure of facility owner or operator
                   tion and integrity of the final cover in-                                  when thermally treating hazardous waste
                   eluding making repairs to the cover as                                     to monitor and inspect process equip-
                   necessary to correct the effects of settling,                              ment and associated equipment for leaks,
                   subsidence, erosion or other events.             $5.000                    spills, etc; at least daily.                   $2,000
7:26-11.4(c)4ii    Failure of facility owner or operator to                  7:26-11.6(e)     Failure of facility owner or operator at
                   maintain and monitor the leachate col-                                     closure to remove all hazardous waste
                   lection, removal, and treatment system to                                  and residues from thermal treatment pro-
                   prevent excess accumulation of leachate                                    cess.                                         $10,000
                   in the system.                                  $10,000   7:26-11.6(f)     Failure of facility owner or operator to
7:26-11.4(c)4iii   Failure of facility owner or operator to                                   prevent open burning and detonation of
                   maintain and monitor the gas collection                                    waste explosives and highly reactive
                   and control system to control the vertical                                 wastes too close to property line or the
                   and horizontal escape of gases.                 $10,000                    open burning of any other hazardous
7:26-11.4(c)4iv    Failure of facility owner or operator to                                   waste.                                         $5,000
                   protect and maintain surveyed                             7:26-11.7(a)2    Failure of facility owner or operator to
                   benchmarks used in complying with                                          prevent placing of hazardous wastes in
                   N.J.A.C. 7:26-1O.4(b)1.                          $5,000                    treatment process if they could cause
7:26-11.4(c)4v     Failure of facility owner or operator to                                   process to leak, corrode or fail.              $5,000
                   restrict access to the hazardous waste                    7:26-11.7(a)3    Failure of facility owner or operator to
                   landfill as appropriate for its post-closure                               provide continuously fed treatment pro-
                   use.                                            $10,000                    cess with a mechanism to stop inflow.          $3,000
7:26-11.4(c)4vi    Failure of facility owner or operator to                  7:26-11.7(b)     Failure of facility owner or operator to
                   maintain and monitor groundwater                                           provide additions to waste analysis re-
                   monitoring system as per N.J.A.C.                                          quired by N.J.A.C. 7:26-9.4(b) for
                   7:26-9.5 or N.J.A.C. 7:14A-6.                   $25,000                    substantially different waste.                 $5,000
7:26-11.4(c)4vii   Failure of facility owner or operator to                  7:26-11.7(c)I    Failure of facility owner or operator to
                   prevent run-on and run-off from eroding                                    monitor and inspect discharge control
                   or otherwise damaging the final cover.           $3,000                    and safety equipment at least once each
7:26-1 l.5(b) I    Failure of facility owner or operator,                                     operating day.                                 $2,000
                   before adding hazardous waste, to bring                   7:26-11.7(c)2     Failure of facility owner or operator to
                   incinerator to normal operating con-                                       gather data from monitoring equipment
                   ditions.                                        $10,000                    at least once each operating day.              $2,000
7:26-11.5(c)I       Failure of facility owner or operator to                 7:26-11.7(c)3     Failure of facility owner or operator to
                   meet waste analysis requirements for                                       inspect construction materials at least
                   hazardous waste incinerators.                   $10,000                    weekly.                                        $2,000
7:26-11.5(d)1       Failure of facility owner or operator                    7:26-11.7(c)4     Failure of facility owner or operator to
                   when incinerating hazardous waste to                                       monitor and inspect discharge confine-
                   monitor instruments relating to cornbus-                                    ment structures for erosion, leakage, etc.
                   tion and emission control at least every                                   at least weekly.                               $1,000
                    15 minutes.                                     $2,000    7:26-11.7(d)     Failure of facility owner or operator to
7:26-11.5(d)2      Failure of facility owner or operator                                       remove all hazardous waste and residues
                   when incinerating hazardous waste to                                       at closure.                                   $10,000
                   observe stack plume at least hourly.             $2,000   7:26-11.7(e)      Failure of facility owner or operator to
7:26-11.5(d)3      Failure of facility owner or operator to                                   prevent placing ignitable or reactive
                   inspect complete incinerator and as-                                       waste in treatment process unless it is
                   sociated equipment for leaks, spills, etc.                                 treated according to 7:26-11.7(e).            $10,000
                   at least daily.                                  $2,000    7:26-11.7(f)1    Failure of facility owner or operator to
7:26-11.5(e)        Failure of facility owner or operator to                                   prevent the placing of incompatible
                   remove all hazardous wastes and residues                                    wastes, which are not in compliance with
                   from the incinerator at closure.                $10,000                     N.J.A.C. 7:26-9.4(e), in the treatment
7:26-11.6(b)       Failure of facility owner or operator to                                    process.                                      $5,000
                   bring thermal treatment process to nor-                    7:26-11.7(f)2    Failure of facility owner or operator to
                   mal operating conditions before adding                                      prevent the placing of hazardous waste in
                   hazardous waste.                                $10,000                     an unwashed tank which previously held
                                                                                               incompatible waste or material, except in
                                                                                               compliance with N.J.A.C. 7:26-9.4(e)2.        $5,000
(CITE 21 N.J.R. 2748)                    NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989
                                                 You're viewing an archived copy from the New Jersey State Library.
 >ROPOSALS                                            Interested Persons see Inside Front Cover            ENVIRONMENTAL PROTECTION

  12. The violations ofN.J.A.C. 7:26-12, Hazardous Waste Facility             7:26-12.4(a) 12v Failure to submit compliance reports on
'ermit Requirements, and the civil administrative penalty amounts                              interim or final requirements in any com-
or each violation, are as set forth in the following table.                                    pliance schedule within 14 days after
                                                                                               schedule date.                                   $1,000
WLE                RULE SUMMARY                        BASE PENALTY           7:26-12.4(a)12vi Failure to report any noncompliance
,,".JAC.                                                                                       which may endanger health or environ-
                                                                                               ment, orally within 24 hours or in writing
':26-12.I(a)       Construction, installation, modification                                    within five days.                               $10,000
                   or operation of hazardous waste facility,
                   without submitting Part A or Part B of                     7:26-12.4(a)     Failure to report all instances of non-
                   permit application.                            $50,000     12vii            compliance not reported under N.J.A.C.
                                                                                               7:26-12.4(a)12iv, v or vi, at time monitor-
':26-12.3(b) I     Treating, storing or disposing of hazard-                                   ing reports submitted.                           $2,000
                   ous waste types not specified in Part A.       $25,000
                                                                              7:26-12.4(a)     Failure of permittee who becomes aware
':26-12.3(b)2      Employing processes not specified in                       12viii           that it failed to submit any relevant facts
                   Part A application.                            $50,000
                                                                                               in a permit application, or submitted in-
':26-12.3(b)3      Exceeding design capacities or oper-                                        correct information in a permit appli-
                   ational limits specified in Part A of the                                   cation or report to the Department, to
                   permit application.                            $50,000                      promptly submit such facts or infor-
1:26-12.3(c)4      Change in ownership or operational con-                                     mation.                                          $2,000
                   trol without receiving approval by De-                     7:26-l2.4(a)14 Failure of permittee to maintain records
                   partment.                                      $50,000                      from each required monitoring well, and
7:26-12.3(c)5      Facility owner or operator making                                           for disposal facilities for post closure care
                   changes to existing facility, prior to final                                period.                                          $5,000
                   disposition of permit application, which                   7:26-12.4(a)15 Permittee commencing treatment,
                   amount to reconstruction of facility.          $50,000                      storage, or disposal of hazardous waste
7:26-12.3(g)       Failure of facility owner or operator, no                                   at new or modified portion of facility,
                   longer eligible to continue operation                                       without certifying that facility has been
                   prior to final disposition of permit appli-                                 constructed or modified in accordance
                   cation, to commence closure immedi-                                         with permit, or without Department in-
                   ately.                                         $10,000                      spection.                                       $50,000
7:26-12.4(a)4      Failure of permittee to take all reason-                   7:26-12.4(a) l6i Failure to report, orally within 24 hours,
                   able steps to minimize or correct any                                       information concerning release of any
                   adverse impact on the environment re-                                       hazardous waste that may cause an en-
                   sulting from noncompliance with permit.        $10,000                      dangerment to public drinking water
7:26-l2.4(a)8      Failure of permittee to furnish to the De-                                  supplies.                                       $25,000
                   partment within a reasonable time, any                     7:26-l2.4(a)16ii Failure to report, orally within 24 hours,
                   information which the Department may                                        information concerning a release or dis-
                   request and copies of records required to                                   charge of hazardous waste, or of a fire
                   be kept.                                       $10,000                      or explosion from a hazardous waste fa-
7:26-12.4(a)9ii    Failure of permittee to allow an                                            cility which could threaten the environ-
                   authorized representative of the Depart-                                    ment or human health outside the fa-
                   ment to enter and have access to and                                        cility.                                         $10,000
                   copy any records that shall be kept under                  7:26-l2.5(b)     Failure of permittee to give Department
                   the condi tions of the permit.                  $5,000                      required notification in advance of any
7:26-12.4(a)9iv    Failure of permittee to allow authorized                                    proposed change of ownership or oper-
                   representative of the Department to enter                                   ational control.                                $50,000
                   and to sample or monitor any substances                    7:26-5.5 Civil administrative penalty determination-discretionary
                   or parameters at any location.                 $25,000        (a) Notwithstanding N.J.A.C. 7:26-5.4, the Department may, in
7:26-12.4(a)lOi    Failure to retain records with each piece                  its discretion, assess a civil administrative penalty pursuant to this
                   of required information regarding                          section of not more than $50,000 for each violation of the Act, or
                   monitoring sampling and measurements.           $5,000     any rule promulgated, any administrative order, permit, license or
7:26-12.4(a)11     Failure to sign and certify all appli-                     other operating authority issued, any district solid waste management
                   cations, reports or information sub-                       plan approved, or any Part A permit application filed, pursuant to
                   mitted to DEP.                                  $2,000     the Act.
7:26-12.4(a)12i    Failure of permittee to give notice to                        (b) Each violation of the Act, or any rule promulgated, any admin-
                   DEP as soon as possible of any planned                     istrative order, permit, license or other operating authority issued,
                   physical alterations or additions to per-                  any district solid waste management plan approved, or any Part A
                   mitted facility.                                $5,000     permit application filed, and any parameter contained therein,
                                                                              pursuant to the Act, shall constitute an additional, separate and
7:26-12.4(a)12ii   Failure to give advance notice to the De-                  distinct violation.
                   partment of any planned changes in the                        (c) Each day during which a violation continues shall constitute
                   permitted facility or activity which may                   an additional, separate and distinct violation.
                   result in noncompliance with permit re-                       (d) For each parameter that is required to be monitored, sampled
                   quirements.                                     $5,000     or reported, the failure to so monitor, sample or report shall con-
7:26-12.4(a)12iv   Failure to report monitoring results at                    stitute an additional, separate and distinct violation.
                   intervals specified in permit.                  $5,000        (e) Where any requirement of the Act, or any rule promulgated,
                                                                              any administrative order, permit, license or other operating authority
                                                                              issued, any district solid waste management plan approved, or any
                                                                              Part A permit application filed, pursuant to the Act, may pertain

                                       NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                      (CITE 21 N.J.R. 2749)
                               You're viewing an archived copy from the New Jersey State Library.
ENVIRONMENTAL PROTECTION                                                                                                        PROPOSAL5

to more than one act, condition, occurrence, item, unit, waste or         information or who makes a false statement, representation 0
parameter, the failure to comply with such requirement as it pertains     certification in any application, record or other document requires
to each such act, condition, occurrence, item, unit, waste or par-        to be submitted or maintained pursuant to the Act, or any ruh
ameter shall constitute an additional, separate and distinct violation.   promulgated, any administrative order, permit, license or other oper
   (f) Notwithstanding N.J.A.C. 7:26-5.4, and unless the Department       ating authority issued, any district solid waste management plar
assesses a civil administrative penalty pursuant to N.J .A.C. 7:26-5.6    approved, or any Part A permit application filed, pursuant to th.
through N.J .A.C. 7:26-5.8, the Department shall assess a civil admin-    Act.
istrative penalty for violations described in this section on the basis      (b) Each day, from the day that the violator knew or had reasor
of the seriousness of the violation and the conduct of the violator       to know that it submitted inaccurate or false information to the
at the mid-point of the following ranges, unless adjusted pursuant        Department until the day of receipt by the Department of a writter
to (i) below.                                                             correction by the violator, shall be an additional, separate and dis
                                                                          tinct violation.
                            SERIOUSNESS                                      (c) The Department shall assess a civil administrative penalty fo
                                                                          violations described in this section based on the conduct of the
                                Major          Moderate       Minor
                                                                          violator at the mid-point of the following ranges except as adjustec
                 Major          $40,000-       $30,000-       $15,000-    pursuant to (d) below:
                                $50,000        $40,000        $25,000        I. For each intentional, deliberate, purposeful, knowing or willfu
CONDUCT          Moderate       $30,000-       $10,000-       $3,000-     act or omission by the violator, the civil administrative penalty pe-
                                $40,000        $20,000        $6,000      act or omission shall be in an amount of not more than $50,000 no:
                 Minor          $15,000·       $3,000-        $1,000-     less than $40,000 per act or omission; and
                                $25,000        $6,000         $2,500         2. For all other conduct, the civil administrative penalty, per ac
                                                                          or omission, shall be in the amount of $1,000 per violation.
   (g) The seriousness of the violation shall be determined as major,        (d) The Department may, in its discretion, adjust the amoun
moderate or minor as follows:                                             determined pursuant to (c) above to assess a civil administrative
    I. Major seriousness shall apply to any violation which:              penalty in an amount no greater than the maximum amount nor less
   i. Has caused or has the potential to cause serious harm to human      than the minimum amount in the range described in (c) above, or
health or the environment; or                                             the basis of the following factors:
   ii. Seriously deviates from the requirements of the Act, or any rule       I. The compliance history of the violator;
promulgated, any administrative order, permit, license or other oper-        2. The number, frequency and/or severity of violation(s) by the
ating authority issued, any district solid waste management plan          violator;
approved, or any Part A permit application filed, pursuant to the            3. The measures taken by the violator to mitigate the effects ol
Act; serious deviation shall include, but not be limited to, those        the current violation or prevent future violations;
violations which are in complete contravention of the requirement,           4. The deterrent effect of the penalty; and/or
or if some of the requirement is met, which severely impair or under-        5. Other specific circumstances of the violator or the violation.
mine the operation or intent of the requirement;
   2. Moderate seriousness shall apply to any violation which:             7:26-5.7   Civil administrative penalty for failure to allow lawful
   i. Has caused or has the potential to cause substantial harm to                    entry and inspection
human health or the environment; or                                          (a) The Department may assess a civil administrative penalty
   ii. Substantially deviates from the requirements of the Act, or any     pursuant to this section against any violator who refuses, inhibits 01
rule promulgated, any administrative order, permit, license or other       prohibits immediate lawful entry and inspection by any authorized
operating authority issued, any district solid waste management plan       Department representative of any premises, building or facility which
approved, or any Part A permit application filed, pursuant to the          the Department may enter and inspect pursuant to the provision!
Act; substantial deviation shall include, but not be limited to, vio-      of the Act.
lations which are in substantial contravention of the requirements           (b) Each day that a violator refuses, inhibits or prohibits immedi-
or which substantially impair or undermine the operation or intent         ate lawful entry and inspection by an authorized Department rep-
of the requirement; and                                                    resentative of any premises, building or facility which the Department
   3. Minor seriousness shall apply to any violation not included in       may enter and inspect pursuant to the provisions of the Act, shall
(g)1 or 2 above.                                                           be an additional, separate and distinct violation.
   (h) The conduct of the violator shall be determined as major,             (c) The Department shall assess a civil administrative penalty for
moderate or minor as follows:                                              violations described in this section at the mid-point of the following
    I. Major conduct shall include any intentional, deliberate,            ranges except as adjusted pursuant to (d) below as follows:
purposeful, knowing or willful act or omission by the violator;               I. For refusing, inhibiting or prohibiting immediate lawful entry
   2. Moderate conduct shall include any unintentional but foresee-        and inspection of any premises, building or facility for which an
able act or omission by the violator; and                                  administrative order, permit, license or other operating authority
   3. Minor conduct shall include any other conduct not included in        requirement exists under the Act, the civil administrative penalty
(h)1 or 2 above.                                                           shall be in an amount of not more than $30,000 nor less than $20,000
   (i) The Department may, in its discretion, adjust the amount de-        per violation; and
termined pursuant to (f), (g) and (h) above to assess a civil adminis-        2. For any other refusal, inhibition, or prohibition of immediate
trative penalty in an amount no greater than the maximum amount            lawful entry and inspection the civil administrative penalty shall be
nor less than the minimum amount in the range described in (f)             in an amount of not more than $5,000 nor less than $3,000 per
above, on the basis of the following factors:                              violation.
    I. The compliance history of the violator;                                (d) The Department may, in its discretion, adjust the amount
   2. The number, frequency and/or severity of violation(s) by the         determined pursuant to (c) above to assess a civil administrative
violator;                                                                  penalty in an amount no greater than the maximum amount nor less
    3. The measures taken by the violator to mitigate the effects of       than the minimum amount in the range described in (c) above, on
the current violation or prevent future violations;                        the basis of the following factors:
   4. The deterrent effect of the penalty; and/or                             I. The compliance history of the violator;
    5. Other specific circumstances of the violator or the violation.         2. The number, frequency and/or severity of violation(s) by the
                                                                           violator;
7:26-5.6 Civil administrative penalty for submitting inaccurate or            3. The measures taken by the violator to mitigate the effects of
          false information                                                the current violation or prevent future violations;
  (a) The Department may assess a civil administrative penalty                4. The deterrent effect of the penalty; and/or
pursuant to this section against each violator who submits inaccurate
(CITE 21 N,J.R. 2750)                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                            Interested Persons see Inside Front Cover                                 HUMAN SERVICES

  5. Other specific circumstances of the violator or the violation.             When it becomes necessaryto transfer an involuntary patient from one
                                                                              State psychiatric facility to another, that transfer shall be justified by
7:26-5.8 Civil administrative penalty for failure to pay a fee                referenceto one or more of the clinical, programmatic, and administrative
  (a) The Department may assess a civil administrative penalty                factors identified in these rules.
pursuant to this section against each violator who fails to pay a fee
when due pursuant to the Act, or any rule promulgated, any adminis-                                          Social Impact
trative order, permit, license or other operating authority issued, any          The proposed new rules will have a positive social impact for patients
district solid waste management plan approved, or any Part A permit           and their relatives by defining the process for carrying out inter-hospital
application filed, pursuant to the Act.                                       transfers and by clarifying the clinical, social, and administrative factors
  (b) Each day a fee is not paid after it is due shall constitute an          for initiating those transfers. In this way, the rules will help to ensure
                                                                              that the patient receives appropriate treatment in an appropriate program
additional, separate and distinct violation.
                                                                              consistent with all applicable law. 8y assisting in the designation of
   (c) For violations described in this section, the amount of the civil      appropriate placements in the hospitals, the rules also foster clinical
administrative penalty shall be equal to the unpaid fee, up to a              environments that are as therapeutic as possible for patients in all the
maximum of $50,000 per violation.                                             State's facilities.
7:26-5.9 Civil administrative penalty for economic benefit                                                Economic Impact
  The Department may, in addition to any other civil administrative             8y creating a systematic approach to inter-hospital transfers, the rules
penalty assessed pursuant to this subchapter, in its discretion include       should foster cost-effective programming in some instances by placing
as a civil administrative penalty the economic benefit (in dollars)           patients within more reasonable commuting distances of relatives and
which the violator has realized as a result of not complying with,            locally-assigned community liaisons.
or by delaying compliance with, the requirements of the Act, or any
rule promulgated, any administrative order, permit, license or other                               Regulatory flexibility Statement
                                                                                The proposed rules would not affect small businessesas defined in the
operating authority issued, any district solid waste management plan
                                                                              Regulatory Flexibility Act, N.J.S.A. 52:148-16 et seq. The State psy-
approved, or any Part A permit application filed, pursuant to the             chiatric hospitals in New Jersey all employ more than 100 persons.
Act. If the total economic benefit was derived from more than one
violation, the total economic benefit may be apportioned among the              Full text of the proposal follows:
violations from which it was derived so as to increase each civil
administrative penalty assessment to an amount no greater than                SUBCHAPTER 3. TRANSFERS OF INVOLUNTARILY
$50,000 per violation.                                                                      COMMITTED PATIENTS BETWEEN
                                                                                            STATE PSYCHIATRIC FACILITIES
7:26-5.10 Severability
  If any provision of this subchapter or the application thereof to           10:36-3.1 Purpose
any person or circumstances is held invalid, such invalidity shall not          The purpose of this subchapter is to define the factors to be used
affect other provisions or applications, and to this end, the provisions      by State psychiatric facility staff in evaluating the need for inter-
of this subchapter are declared to be severable.                              hospital transfers among the facilities cited in N.J.A.C. 10:36-3.2.The
                                                                              subchapter also delineates the procedures related to such transfers.
                                                                              10:36-3.2 Scope
                  HUMAN SERVICES                                                (a) The rules of this subchapter apply in all instances to involun-
                                                                              tarily committed patients who are residing at and being considered
                        (a)                                                   for transfer to any of the following facilities specified in N.J.S.A.
                                                                              30:4-160:
DIVISION OF MENTAL HEALTH AND HOSPITALS                                          I. Greystone Park Psychiatric Hospital;
Transfers of Involuntarily Committed Patients                                   2. Trenton Psychiatric Hospital;
                                                                                3. Marlboro Psychiatric Hospital;
  Between State Psychiatric Facilities
                                                                                4. Ancora Psychiatric Hospital; and
Proposed New Rules: N.J.A.C. 10:36-3                                            5. The Forensic Psychiatric Hospital.
Authorized By: Drew Altman, Commissioner, Department of                       10:36-3.3 Factors
  Human Services.                                                                (a) Any of the factors described below may serve as a basis for
Authority: N.J.S.A. 30:4-27.2Ia.                                              the transfer of a patient from and to any facility cited in N.J.A.C.
Proposal Number: PRN 1989-454.                                                10:36-3.2:
  Submit comments by October 5, 1989 to:                                         I. To place him or her in closer proximity to family members;
        Alan G. Kaufman, Director                                                2. To place the patient in the appropriate hospital according to
        Division of Mental Health and Hospitals                               the patient's residence (catchment area);
        CN 700                                                                   3. To provide a new clinical and personal relationship when a
        Trenton, NJ 08625                                                     treatment impasse has developed over a sustained period of time;
The agency proposal follows:                                                    4. To provide greater or lesser clinical structure or security;
                                  Summary                                        5. To participate in a specialized psychiatric service that is offered
  N.J.S.A. 30:4-27.2Ia requires that: "A person involuntarily committed       at another hospital or in the community that is more accessible from
to a State psychiatric facility listed in R.S.30:1·7 may be transferred to    the receiving hospital;
another State psychiatric facility in accordance with rules adopted by the      6. AI; a result of a change in legal status;
Commissioner that specify the clinical and programmatic factors and the          7. To spare patients the consequences of overcrowding at a specific
procedures related to transfer." The rules herein proposed specify those      mental health facility;
factors and procedures.                                                          8. In response to natural catastrophes, fires, or other life-safety
  The Commissioner of the Department of Human Servicesis authorized           concerns which necessitate transfer; and
to make the most appropriate placement possible for civilly committed            9. As a consequence of inter-regional consolidation of services.
individuals. The Commissioner generally provides that the appropriate
mental health facility for involuntarily committed patients should be         10:36-3.4 Procedures
determined by catchment area based on the patient's residence. Since all        (a) A written request for transfer, supported by a statement of the
regional State psychiatric facilities offer minimally the same clinical mo-   factors justifying the request, shall be forwarded from the chief ex-
dalities, each patient shall, unless there is good reason to do otherwise,    ecutive officer (CEO) or designee of the sending institution to the
be placed in the regional State psychiatric facility serving his or her       chief executive officer or designee of the receiving institution. Trans-
catchment area.                                                               fers shall be subject to clinical review. A copy of that request is to
                                                                              be sent to the Assistant Director, Office of Quality Assurance.
                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                        (CITE 21 N.J.R. 2751)
                                  You're viewing an archived copy from the New Jersey State Library.
HUMAN SERVICES                                                                                                                           PROPOSALS

  (b) Transfers occurring as a result of overcrowding, life-safety             The agency proposal follows:
concerns, natural catastrophes, or consolidation of services shall                                              Summary
require the approval of the Director, Division of Mental Health and               Pursuant to ExecutiveOrder No. 66(1978)the Long Term Care Services
Hospitals.                                                                     Manual (NJ.A.C. 10:63) expires on November 29, 1989. The Division
  (c) The following procedures shall be followed in cases of non-              of Medical Assistance and Health Services has reviewed these rules and
emergent transfers:                                                            determined them to be necessary, reasonable. adequate, efficient, under-
   l. The designee of the sending institution must consult with the            standable, and responsive to the purpose for which they were originally
designee of the receiving institution. If they agree to the transfer, they     promulgated. The readoption of all three subchapters is necessary because
will arrange for a specific date and time for the transfer to occur.           they describe the general provisions relating to patient care and services,
   2. It is the responsibility of the institution initiating the transaction   billing procedures, and the CARE (Cost Accounting and Rate Evaluation
to make arrangements for transfers, including arrangements for                 System) Guidelines.
transporting the patient from one facility to the other.                          The term long term care facility(LTCF) includes both a skilled nursing
   3. If the designees do not agree on the transfer, the matter shall          facility (SNF) and an intermediate care facility (ICF).
be referred to the CEO's of the respective institution for resolution.            Subchapter I, entitled General Provisions, describes the required ser-
   4. If the chief executive officers do not agree, the case is to be          vices that must be provided by an LTCF; additional Medicaid services,
referred for resolution to the appropriate regional Assistant Direc-           such as laboratory and X-ray services.vision care services,dental services.
tors, Division of Mental Health and Hospitals, who may, in making              etc., which must be arranged for by an LTCF; recordkeeping require-
their decision, request clinical and technical input from central office       ments; utilization control; pharmaceutical services;the authorization pro-
                                                                               cess; and audit procedures. In addition, there is a section that describes
staff. Resolution, in instances of continuing disagreement, rests with
                                                                               the patient's rights in an LTCF (N.J.A.C. 10:63-1.9), and another section
the Division Director or the Director's designee.
                                                                               that sets forth the requirements for the use of the patient's income for
   5. All transfer requests are to be handled in a timely manner.              personal needs allowance (PNA) in an LTCF (N.J.A.C. 10:63-1.19).
   (d) The following procedures shall be followed in cases of emer-               Subchapter 2 describes the billing procedures. The Division is in the
gency transfers:                                                               process of developing rules which describe recent modifications to the
   l. Emergency transfers are those that must be resolved after hours          billing procedures LTCFs are required to follow.
or on weekends or have clinical or administrative urgency.                        Subchapter 3 describes the CARE Guidelines which are the method-
   2. The designee or, when unavailable, the administratively respon-          ology used to establish prospective per diem rates. LTCFs are reimbursed
sible person of the sending institution must contact directly his or           on a per diem basis for the Medicaid patients in their facility.
her counterpart at the receiving institution and transmit verbally the            The rules have been amended since the previous readoption. Time
factors supporting the transfer, as well as the reasons for the emergent       frames for certification, recertification, and plan of care were modified
nature of the transfer. This information must be submitted, in writ-           to reflect requirements contained in Federal legislation. Certification and
ing, to the receiving institution by close of the first regular business       recertification is the process whereby a physician attests to a patient's
day after the transfer.                                                        need for a specific type or level of care. Certification and recertification
   3. For the purpose of this section, "clinical urgency" means that           must be completed within the prescribed time frames. A written plan of
the patient being proposed for transfer is considered by his or her            care for each patient must be completed within the prescribed time frames
clinicians as imminently dangerous to self or others or an imminent            (R.1985, d.703, effectiveJanuary 21, 1986). The rules were also amended
security risk if not immediately transferred. That finding is also to          to clarify issues relating to the patient's personal needs allowance (PNA).
have been endorsed by the chief executive officer or designee on call.         The rule clarified those expenses that were included as part of the LTCF's
                                                                               per diem rate, and would not be paid out of the patient's PNA funds,
   4. If, after transfer, the CEO of the receiving institution objects
                                                                               as opposed to those items which were not normally part of the LTCF's
to an emergency transfer, he or she may review the case with the               costs and would have to be purchased by the patient. The rule also
CEO of the sending institution. If agreement cannot be reached, it             explained the requirements that an LTCF had to follow if they assumed
is referred to the Assistant Director of the receiving region.                 fiduciary responsibility for a patient's PNA funds. In addition, the rule
   5. That Assistant Director shall consult with his or her counterpart        described the procedures to be followed when a patient dies or is trans-
from the sending region to resolve the issue.                                  ferred from the facility (R.1988, d.556, effective December 5, 1988).
   6. If agreement cannot be reached by the Assistant Directors, the              The CARE Guidelines were amended to make provision for reimburse-
issue shall be referred for resolution to the Director or the Director's       ment of governmental LTCFs under the governmental peer grouping
designee.                                                                      system (R.1987, d.6, effective January 5, 1987).
                                                                                                             Social Impact
                                                                                 The rules impact on those Medicaid patients who require minimal or
                                                                               substantial assistance with personal care needs on a daily basis, and who
                                   (8)                                         reside in an LTCF. There are approximately 26,000 Medicaid patients
                                                                               in LTCFs. The rules need to be continued so that these patients can
DIVISION OF MEDICAL ASSISTANCE AND HEALTH                                      continue to receive these services.
  SERVICES                                                                       The rules impact on LTCFs, who are required to provide services
Long Term Care Services Manual                                                 within the prescribed time frames, submit billings timely and accurately,
                                                                               and prepare cost reports correctly.
Proposed Readoption: N.J.A.C. 10:63
                                                                                                            Economic Impact
Authorized By: Drew Altman, Commissioner, Department of
                                                                                  The Division of Medical Assistance and Health Services expenditure
  Human Services.                                                              for long term care in State Fiscal Year 1989 is approximately 5575,000,000
Authority: N.J.S.A. 30:4D-6a(4)(a), b(l4), 7, 7a, b, and c:                    (Federal-State share combined).
  30:4D-12.                                                                       The rules that are proposed for readoption include a portion of the
Proposal Number: PRN 1989-447.                                                 CARE (Cost Accounting and Rate Evaluation) Guidelines which describe
  Submit comments by October 5, 1989 to:                                       the methodology to be used to establish prospective per diem rates for
        Henry W. Hardy, Esq.                                                   the providing of routine patient care to patients under the New Jersey
        Administrative Practice Officer                                        Title XIX (Medicaid) Program (see N.J.A.C. 10:63-3). LTCFs are reo
        Division of Medical Assistance                                         quired to complete and submit cost reports based on these guidelines.
          and Health Services                                                  Penalties are imposed for failure to submit cost reports timely (reference
        CN-712                                                                 is made to N.J.A.C. 10:63-3.1). These guidelines are used to establish per
        Trenton, NJ 08625                                                      diem rates which are the basis of Medicaid reimbursement. All rates
                                                                               established pursuant to these guidelines will be subject to on-site audit
                                                                               verification of costs and statistics reported by LTCFs. There is no change
                                                                               in the CARE Guidelines associated with this readoption.


(CITE 11 N.J.R. 1751)                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                  You're viewing an archived copy from the New Jersey State Library.
~ROPOSALS                                             Interested Persons see Inside Front Cover                                    HUMAN SERVICES

  Medicaid patients are required to contribute towards the cost of their        mission was designated by N.J.S.A. 30:6-1 to provide "all means which
are from their available income.                                                it deems feasible for ameliorating the condition of the blind and visually
 This chapter should be continued to insure Federal matching funds for          impaired within the State."                                                .
his service.                                                                       Pursuant to Executive Order No. 66(1978), N.J.A.C. 10:95 expired
                                                                                August 23, 1989. The Commission has reviewed the rules set out in
                       Regulatory Flexibility Analysis                          N.J.A.C. 10:95 and has decided to propose a repeal of N.J.A.C. 10:95
   The rules apply equally to all LTCFs, whether or not they would ?e           and to propose new rules concerning the operations and procedures of
  onsidered small businesses under the terms of the New Jersey Adrninis-        the Commission to follow more closely the language and intent of Federal
 rative Procedure Act. The type of professional services that are needed        law and regulation and State law governing the services rendered by the
 o comply with the rules include, but are not limited to, physicians, nurs~s,   Commission. The proposed repeal is being made at N.J.A.C. 10:95-1.1,
 .nd social service staff. In addition, an LTCF may engage the service          Composition and functions of the Commission, and at NJ.A.C.
 If other health professionals when the patient's condition requires treat-      10:95-1.2, Responsibilities and goals. Additionally, the new rules at
 nent not provided directly by the LTCF.                                        N.J.A.C. 10:91 are being proposed because of current efforts of the
   As a condition of participation in the New Jersey Medicaid Program,          Commission to convert appropriate policy material now contained in the
 _TCFs are required to maintain medical, nursing, social, and patient           Commission's operations manuals, and identified as rules, into proper
 ictivity records to comply with Federal and State law and regulations.         rule form (see Metromedia, Inc. v. Director, Division of Taxation, 97 N.J.
 _TCFs are also required to maintain records relating to patient income,        313 (1984».
 ncluding patient personal needs allowance accounts. The records relating          The proposed new rules will more clearly inform the public of the
 o patient care and patient income are necessary for the health, safety         procedures, standards, and responsibilities of the Commission and the
 ind general welfare of the patients in LTCFs.                                  client's rights and responsibilities with reference to these rules.
   LTCFs are required to maintain billing records and to submit monthly            An overview of the Commission's four client service programs is found
.ransactions via the appropriate form to the Division. One purpose of           at N.J.A.C. 10:91-1.3, Education services, NJ.A.C. 10:91-1.4, Allied inde-
.he monthly billing is to add and delete Medicaid patients to insure            pendent living services, N.J.A.C. 10:91-1.5, Allied prevention services,
iccurate reimbursement. LTCFs are also provided with a computer gener-          and N.J.A.C. 10:91-1.6, Vocational rehabilitation services. This overview
ited transaction listing the payment and any error messages. LTCFs are          gives a brief description of these service programs, that will be developed
'equired to verify the accuracy of the payment and to take necessary            further in additional chapters, currently being written, which will detail
iction to resolve the error messages so that processing can be resumed.         the specific rules applicable to these programs. Therefore, the new rules
LTCFs are also required to submit monthly an MCNH-30 (certification             at NJ.A.C. 10:91 contain references to the rules currently being written
statement) wherein the LTCF administrator is required to certify, as a          and are identified for future reference as N.J.A.C. 10:92, Education
minimum, the lowest semi-private room rate, and that the LTCF compltes          Services, NJ.A.C. 10:93, Allied Independent Living Services, N.J.A.C.
with.Federal and State law and regulations.                                      10:94, Allied Prevention Services, and N.J.A.C. 10:95, Vocational Re-
   The costs for providing patient care are included in the LTCF's cost         habilitation Services. With respect to N.J.A.C. 10:91-1.4 and 1.5, it should
report, which must be submitted annually and is the basis for establishing      be noted that the Commission's allied services program is broken down
the LTCF's reimbursement.                                                       into two discrete areas, independent living and prevention, because of
   This proposed readoption does not change the existing require.ments          the different service objectives involved with each program.
of N.J.A.C. 10:63. There are no additional reporting, recordkeeping or             A summary of the proposed new rules follows:
other compliance requirements associated with this readoption. There are           Proposed N.J.A.C. 10:91-1 describes the organizational st.ructure of. the
no capital costs associated with the readoption.                                Commission and briefly details the purpose and scope of Its four client
   The Division does not believe a differentiation in requirements based        service programs, as well as the authority which empowers it to carry
on business size is required because the existing requirements are necess-      out these services and to maintain a record of all known blind individuals
ary for the public health, safety, and general welfare of the Medicaid          within the State. The proposed subchapter discusses the functions of the
patients in LTCFs. In addition, Medicaid providers are required by .law         Commission's consumer advisory boards, its internal client advocate, the
to maintain sufficient records to fully document the name of the recrpient      issue of legal guardianship of a client, and a section on definition of terms
to whom the service was rendered, the date of the service, nature and           peculiar to the Commission.
extent of the service, etc., and to present sufficient documentation in order      Proposed N.J.A.C. 10:91-2 reflects the statutory standards set out at
to be reimbursed for the services they render. (N.J.S.A. 30:40-/2).             NJ.S.A. 30:6-1 et seq. and describes the eligibility standards used by the
  Full text of the proposed readoption may be found at N.J.A.C.                 Commission to determine if an individual qualifies for its services and
10:63.                                                                          the need for accurate eye information which is the basis for its eligibility
                                                                                determinations. Residency requirements are also discussed.
                                                                                   Proposed N.J.A.C. 10:91-3 details the standards used by the Com-
                                                                                mission to determine a client's responsibility to pay for certain services,
                                    (a)                                         as well as their making use of any similar benefits which are considered
                                                                                "first dollar resource" to be used before the expenditure of Commission
COMMISSION FOR THE BLIND AND VISUALLY                                           funds. This subchapter also discusses those services available to clients
  IMPAIRED                                                                      at no cost to them. Based on the limits of its annual legislative appropria-
Organization and General Policy Provisions of the                               tion and the need for the Commission to fulfill its statutory mandate to
                                                                                ameliorate the condition of the blind and visually impaired, defray the
  Commission for the Blind and Visually Impaired                                costs of board, tuition and other training related expenses (NJ.S.A.
Proposed New Rules: N.J.A.C.10:91                                               30:6-1; 30:6-11), the Commission requires that clients who can afford it
Proposed Repeal: N.J.A.C. 10:95                                                 participate in the costs of services rendered by the Com~ission. Th.e
                                                                                Commission thus uses a set of guidelines that reflect a consistent appli-
Authorized By: Drew Altman, Commissioner, Department of                         cation of financial income and asset standards based on Federal poverty
   Human Services.                                                              guidelines (42 V.S.c. 9902(2»).
Authority: N.J.S.A. 30:1-12;52:14B-3(1) et seq.                                    Proposed N.J.A.C. 10:91-4 outlines the Commission services available
Proposal Number: PRN 1989-450.                                                  to all New Jersey residents, such as screening programs, as well as the
  Submit comments by October 5, 1989 to:                                        services available to applicants and to eligible clients. The Commission's
        Michael E. Cassels, Administrative Practice Officer                     client assistance fund, which provides loans or grants to eligible clients
        Commission for the Blind and Visually Impaired                          for certain financial emergencies, is also discussed.
        1100 Raymond Boulevard                                                     Proposed N.J.A.C. 10:91-5 describes procedures to be followed from
        Newark, NJ 07102                                                        the time an individual is referred to the Commission as a potential
The agency proposal follows:                                                    applicant for services through to closure of the client's case from se~ices.
                                                                                   This subchapter discusses assignment of primary and ancillary
                                Summary                                         caseworkers who are responsible for developing the various service plans
  The New Jersey Administrative Code at NJ.A.C. 10:95 sets forth the            with clients. These service plans are described and detail the services a
rules describing the organization of the Commission for the Blind and           client is to receive in order to meet his or her rehabilitation goals. The
Visually Impaired, hereinafter referred to as the Commission. The Com-          purchase of services in behalf of clients is discussed, as well as the function

                                        NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                          (CITE 21 N.J.R. 2753)
                                  You're viewing an archived copy from the New Jersey State Library.
HUMAN SERVICES                                                                                                                          PROPOSAlS

of the Commission's program development and contract unit in meeting               (b) The Commission's entire service delivery system is vested in
the service needs of clients through the servicesof provider agencies. The      two Statewide, three regional, one district and two satellite offices.
subchapter reviews client confidentiality with reference to the release of      The two Statewide offices offer Statewide vocational and specialized
information and access to client records. The subchapter also deals with        services. They are coordinated out of the Commission's Central Of-
the time limitation standards used by the Commission in an effort to            fice in Newark. Educational, independent living, prevention and
ensure prompt delivery of services. Additionally, this subchapter reviews       vocational rehabilitation services are provided through the regional,
the issues of communicable diseases, the reporting of abuse of the elderly      district and satellite offices. The three regions are: Northern, which
and children, as well as the handling of incidents involving clients.
                                                                                includes Bergen, Hudson, Morris, Passaic, Sussex and Warren Coun-
   Proposed N.J.A.C. 10:91-6 deals with the clients' ability to avail them-
                                                                                ties; Central, which includes Essex, Hunterdon, Mercer, Middlesex,
selves of the means to address any concerns they may have about the
timeliness and adequacy of the services they are receiving or should be         Monmouth, Ocean, Somerset and Union Counties; and Southern,
receiving. The subchapter discusses the informal and formal means a             which includes Atlantic, Burlington, Camden, Cape May,
client has to resolve issues affecting them.                                    Cumberland, Gloucester and Salem Counties.
   Proposed NJ.A.C. 10:91-7 sets forth the Commission's liability with             (c) The Commission is coordinated by a Central Office, located
regard to payment for medical services to be provided or being provided         in Newark, that includes staff headed by an Executive Director
to clients. The basis for determining fees payable, as well as information      appointed by the Commissioner of Human Services. It provides
on the actual fees allowed for services, is also proposed.                      support functions to the Statewide, regional, district and satellite
                                                                                offices. Some of these functions are policy and procedure develop-
                                Social Impact                                   ment and publication, management and fiscal services, contract and
   The proposed repeal and new rules will benefit the blind and visually
                                                                                information systems services, monitoring and staff training. Policy
impaired by providing them with timely notice of services available
through the Commission. The proposed repeal and new rules will further          and procedural manuals, as they are prepared, shall be available to
benefit these individuals by setting forth the application procedures for       the public.
services and the criteria and standards used by the Commission in de-              (d) The Commission licenses and supervises vending stands at
termining eligibility for services, client rights and responsibilities and,     various locations throughout the State, the majority of which are in
where applicable, client responsibility in participating in paying for the      governmental buildings.
cost of services. Additionally, the proposed new rules will benefit the blind      (e) The Commission operates:
and visually impaired by setting forth the standards for protecting their          1. The Joseph Kohn Rehabilitation Center;
rights and the procedures for appealing any Commission action or inac-             2. The George F. Meyer Instructional Resource Center;
tion.                                                                              3. The Technical Aids Center; and
   The proposed repeal and new rules will benefit the Commission in that           4. Camp Marcella, a summer camp for blind and visually impaired
the procedures and standards used for the provision of services will be         children.
clearly identified in rules.
                                                                                10:91-1.2 General purpose and scope of services
                             Economic Impact                                       (a) The New Jersey Commission for the Blind and Visually Im-
   There is no economic impact associated with the proposed new rules           paired was charged by a 1910 State law, N.J.S.A. 30:6-1, which stated
as these rules merely reflect procedures, standards and services which          it, "shall provide all means which it deems feasible for ameliorating
provide rehabilitation benefits for clients of the Commission that were         the condition of the blind."
already available under the Federal law and State law, rules and policies.         (b) The Commission defines its mission as promoting eye health
Specifically, the financial survey form and the financial participation
                                                                                and assisting individuals with vision problems to reach their potential
worksheet are instruments used by the Commission to determine when
a client may be able to participate in payment for services. The instru-        by whatever means possible.
ments themselves are designed to minimize any burden on clients. Of                (c) The Commission recognizes two major thrusts in carrying out
10,225 clients served in Fiscal Year 1988, approximately 100 were re-           this mission, which are:
quired to contribute to the cost of services.                                       1. Working with the community in regard to education and at-
   With regard to the fee schedule set forth at proposed NJ.A.C.                titudes concerning visual impairment; and
10:91-7.1, fees are, as noted therein, based on one of the more liberal            2. Providing client services to persons with vision problems.
of the generally utilized large provider schedules. With respect to                (d) For all of its clients, the Commission seeks to provide or insure
providers serving Commission clients, the fees proposed in these rules          access to those services which will enable them to obtain their fullest
are merely a codification of fees presently being paid by the Commission        measure of self-reliance, to improve their quality of life, and to be
for the listed services and should result in no economic impact on              treated with dignity and worth as individuals and fully integrated
providers or the clients they serve.                                            members of their community.
                     Regulatory Flexibility Statement                              (e) To achieve this mission, the Commission has established the
   The proposed repeal and new rules do not impose reporting, rec-              following goals for itself and for the New Jersey community serving
ordkeeping or other compliance requirements on small businesses as the          the blind and visually impaired:
term is defined in N.J.S.A. 52:148-16 et seq. These new rules reflect only          1. Prevention Goal: Because 50 percent of all blindness and loss
procedures, standards, and services as they apply to and benefit the            of vision can be prevented or minimized, the Commission shall use
rehabilitation of blind and visually impaired clients of the Commission.        its resources to publicize, maximize, coordinate, and increase efforts
                                                                                to conduct programs of education and detection to prevent blindness,
 Full text of the proposed repeal may be found in the New Jersey                to retain or restore vision, and to increase public awareness of the
Administrative Code at N.J.A.C. 10:95.                                          causes and treatment of vision loss; and
                                                                                   2. Independent Living Goal: The Commission shall provide the
  Full text of the proposed new rules follows:
                                                                                opportunity to persons who are blind or visually impaired to achieve
                 CHAPTER 91                                                     their maximum level of independence and productive functioning in
ORGANIZATION AND GENERAL POLICY PROVISIONS OF                                   the most appropriate, least restrictive setting.
  THE COMMISSION FOR THE BLIND AND VISUALLY
                                                                                10:91-1.3 Purpose and scope of educational services
                  IMPAIRED
                                                                                   (a) The primary objective of the Commission's Educational Ser-
SUBCHAPTER I.          PURPOSE AND SCOPE OF COMMISSION                          vice Program is to provide those services which allow visually im-
                       SERVICES                                                 paired students to participate in all classroom activities. To meet this
                                                                                objective, the Commission shall provide to visually impaired students
10:91-1.1 Administration of the Commission
                                                                                either the services of itinerant instructors of the blind and partially
  (a) The Commission for the Blind and Visually Impaired (the
                                                                                sighted who visit clients in need of direct instruction at their school
Commission) is an integral part of the Department of Human Ser-
                                                                                and/or home or the services of specialists in the field of providing
vices.
                                                                                services to visually impaired, developmentally disabled students who


(CITE 21 N.J.R. 2754)                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                           Interested Persons see Inside Front Cover                               HUMAN SERVICES

irovide technical assistance to the teachers and parents of these             10:91-1.7 Legal authority to provide services
.lients,                                                                         (a) The Commission for the Blind and Visually lmpaired operates
   (b) Those students served by a Commission itinerant instructor are         under a variety of State and Federal laws. These include the State
.onsidered to be in need of both instructional (for example, instruc-         legislation which created the Commission and made it a division of
ion in the use of braille, low vision aids, or adaptive techniques)           the Department of Human Services, as well as the Federal Rehabili-
IS well as non-instructional services (for example, consultation with         tation Act of 1973 as amended, and the Education for All Handi-
 he teacher to suggest ways to fully integrate the student into the           capped Children Act of 1975, as amended.
.lassroom program).                                                              (b) Pursuant to N.J.S.A. 30:6, the Commission for the Blind and
   (c) The students served by specialists usually require only non-           Visually Impaired is mandated to provide services to blind and vis-
 nstructional services. Both students served by itinerant instructors         ually impaired people in order to "ameliorate" their condition.
)f the blind and partially sighted and students served by specialists         Specifically, the Commission is legally authorized to:
if the visually impaired and developmentally disabled shall also be               I. Maintain a register of all the blind within the State;
irovided with accommodative aids, materials and/or equipment                     2. Fund and provide vocational training;
.hrough the Meyer lnstructional Resource Center (see: N.J.A.C.                   3. Pay for medical and surgical equipment;
10:92).                                                                          4. Study the causes for blindness and undertake prevention pro-
                                                                              grams;
10:91-1.4 Purpose and scope of allied independent living services
                                                                                 5. Administer a vending stand program;
   The major objectives of the Commission's independent living ser-
                                                                                6. Provide instruction and assist in suitable educational placement
,ices are the provision of services related to the instruction of visually
                                                                             for blind, visually impaired and multi-handicapped children; and
 mpaired individuals by rehabilitation instructors in techniques for
                                                                                7. Promote and regulate the sale and distribution of products
oerforming activities of daily living; traveling skills by orientation
                                                                             made by blind and visually impaired persons.
and mobility instructors; and meeting social service needs by social
                                                                                (c) The Rehabilitation Act of 1973 (P.L. 93-112), as amended by
workers. Shopping, meal preparation, general maintenance of the
                                                                             the Rehabilitation Act Amendments of 1974 (P.L. 93-516),1978 (P.L.
.iome, walking to the mailbox, reading one's mail, enjoying a hobby,
                                                                             95-602), and 1986 (P.L. 99-506) is the Federal statute governing State
and washing clothes are examples of activities of daily living tasks
                                                                             administration of federally funded vocational rehabilitation services.
which people carry out on a routine basis. These tasks are included
                                                                             The provisions of this Act are implemented in 34 CFR Parts 361,
within that group of activities which are a part of one's daily routine,
                                                                             365 and 370.
and which permit people to live independently.
                                                                                (d) In the State Plan submitted by the New Jersey Department of
10:91-1.5 Purpose and scope of allied prevention services                    Labor, Division of Vocational Rehabilitation Services (DVRS), the
   (a) The main goal of the programs within the Commission's pre-            Commission is designated the "sole State agency for the Blind" in
vention planning area is to prevent, delay the onset of, and/or              New Jersey. This designation means that the Commission is the only
stabilize the effects of a visual problem. The objective is to alert         State agency which is legally authorized to provide vocational re-
individuals and/or their caregivers to the need to seek appropriate          habilitation services to blind and visually impaired persons.
eye care. If these individuals cannot afford or have no means of                (e) Because of the Commission's legal authority to provide voca-
paying for the required treatment, then the agency shall assist such         tional rehabilitation services to blind and visually impaired persons,
persons either financially or through referral to existing benefit pro-      DVRS and the Commission share the Federal VR Grant annually
grams.                                                                       allotted to New Jersey. To clarify which agencies will be responsible
   (b) The Commission includes six programs within its prevention            for which clients, the Commission and DVRS have a written agree-
services area. Five of these make available free eye screenings or           ment pursuant to 34 CFR 361.5. The most recent DVRS/
examinations to members of specific target populations, for example,         Commission agreement provides in summary that:
persons with diabetes, preschool children, persons existing on a low             I. Where an individual has central vision of 20/70 or more in the
income, and children of migrant laborers. The other program within           better eye with correction and there is little likelihood that vision is
prevention services makes available medical casework services to             deteriorating, the responsibility for providing rehabilitation services
both indigent persons in need of vision related medical treatment as         rests with DVRS;
well as visually impaired individuals who are in need of either health          2. Any individual who has an eye problem requiring surgery is
education, for example, instruction in techniques for self-adminis-          considered to have a serious impairment and shall be referred to the
tration of insulin, and/or low vision services. Through these pro-           Commission by DVRS;
grams, the Commission is able to provide a rather comprehensive                 3. Any other individual who DVRS finds has a serious visual
package of prevention services.                                              problem or a work placement problem because of his or her vision
                                                                             shall be referred to the Commission by DVRS; and
10:91-1.6   Purpose and scope of vocational rehabilitation (VR)                 4. Wherever necessary the respective agencies shall consult one
            services                                                         another in order to review and clarify the status of the client so that
   (a) The primary goal of the programs included within vocational           referrals can be expedited to the agency which can better serve him
rehabilitation (VR) services is to assist visually impaired individuals      or her.
to obtain and maintain suitable employment. In the vernacular of                (f) The Education of All Handicapped Children Act of 1975 (P.L.
vocational rehabilitation, someone is rehabilitated when placed into         94-142), as amended by the Education for All Handicapped Children
employment. Employment includes both wage earner positions (for              Act Amendments of 1986 (P.L. 99-457), is the Federal statute guaran-
example, competitive, sheltered, or self employment), as well as main-
                                                                             teeing handicapped children, ages three through 21, a "free ap-
taining and managing one's home.
                                                                             propriate public education emphasizing special education and related
   (b) Through vocational rehabilitation services, a client may receive
                                                                             services." The Act provides formula grants to states to fund these
the following services:
                                                                             services. The provisions of the Act are implemented in 45 CFR Parts
   I. Counseling and guidance;                                               106b, 116b, 121a.
   2. Diagnostic and evaluative services;
                                                                                (g) The Education of All Handicapped Children Act and its im-
   3. Services which are of a restorative nature, for example, surgery       plementing regulations apply to all agencies having direct or del-
or low vision aids;                                                          egated authority for the education of handicapped children regardless
   4. Higher education, vocational and/or adaptive skills training;          of whether they receive funds under the Act. In New Jersey, these
   5. Daily living expenses while receiving another VR service;              agencies include the New Jersey Department of Education, local
   6. Job placement services;                                                school districts, State-operated facilities and the Commission.
   7. Other services such as readers or sign language interpreters; and         (h) As a provider of educational services, the Commission also
   8. Services after a person is employed.                                   falls under N.J.A.C. 6:28, Special Education. These rules correspond
                                                                             to the Education of All Handicapped Children Act.


                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                     (CITE 21 N.J.R. 2755)
                              You're viewing an archived copy from the New Jersey State Library.
HUMAN SERVICES                                                                                                                   PROPOSAU

10:91-1.8 Purpose and scope of the New Jersey blind register                (i) Terms of office are as follows:
   (a) In accordance with N.J.S.A. 30:6-1, the Commission shall              I. Board members may serve for three years;
prepare and maintain a register of all the blind within the State.           2. Board members may serve two consecutive terms;
   (b) In accordance with N.J.S.A. 30:6-15, the Commission is em-            3. Board members shall not be reappointed until two years afte
powered to make inquiries concerning the causes of blindness and          their last active term of office; and
the proportion of cases within the State which is preventable, and           4. Vacancies shall be filled within 60 days by the Executive Direc
it is entitled to receive the cooperation of other State and local        tor and/or regional or Statewide office manager as appropriate.
government agencies in making these inquiries. The Commission                (j) If an expired term of office is more than 50 percent, a nomine
shall publish an annual report, including, but not limited to, in-        can serve only one additional term of office. If less than 50 percent
cidence and prevalence rates of blind and visually impaired persons       a nominee can serve two additional terms of office.
in all areas of the State.                                                   (k) The scope of power of Board members is as follows:
                                                                             I. Board members shall have direct access to the Executive Dire,
10:91-1.9 Composition and functions of the Commission's
                                                                          tor and/or regional or Statewide office manager; and
            consumer advisory boards
                                                                             2. Board members shall have access to public documents of th
  (a) The Commission's consumer advisory boards have been
                                                                          Commission, such as the State Plan, policy manuals and budget.
created in order to provide consumers and interested persons the
                                                                            (I) Board members shall be replaced by the Board if 50 percen
opportunity to evaluate, comment upon and impact on services
                                                                          or more of scheduled meetings are missed without prior excuse
provided by the Commission. Additionally, the boards review the
                                                                          absence.
Commission's administrative policies and procedures and provide
input on Commission initiatives. To be eligible for board member-         10:91-1.10 Purpose and responsibilities of the Commission's client
ship, an individual shall be visually impaired (20/50-1 in the better                  service representative
eye with all possible corrections) or the parent or guardian of a           (a) The Commission's client service representative shall assist ap
visually impaired person.                                                 plicants and clients who are not satisfied with Commission service
   (b) Board membership should include representatives of the dis-        by seeking better and more timely services. The representative inter
abled and minority communities, as well as senior citizens and            venes on behalf of the applicants or clients who are having difficult
parents or guardians of below college level students.                     with the Commission by identifying the problem and by attemptin
   (c) The Board(s) shall consist of up to seven members appointed        to resolve it.
by the Commission's Executive Director and/or the regional or State-        (b) The client service representative is a client advocate who direct
wide office managers. There shall be no overrepresentation of existing    blind or visually impaired persons to appropriate Federal, State 0
consumer organizations. There shall be established regional, as well      local agencies mandated to help persons who suspect that they ar
as central, office Boards.                                                being discriminated against because of their handicap. For example
   (d) A letter over the Executive Director's and/or the regional or      the representative assists clients in contacting the New Jersey Depart
Statewide office manager's signature shall be sent to organized and       ment of the Public Advocate, the United States Office for CiVI
unorganized blind and visually impaired groups and individuals seek-      Rights, the New Jersey Division on Civil Rights, or the New Jerse
ing applicants for membership.                                            Department of Labor.
   (e) The following persons shall not be eligible for consumer ad-          (c) The client services representative can be reached by calling th
visory board membership:                                                  Commission's toll free number, 1-800-962-1233.
   I. Paid Commission employees;
                                                                          10:91-1.11 Request for legal guardianship of a client
   2. Paid Commission consultants;
                                                                            Pursuant to the recommendation of the Attorney General's office
   3. Persons employed by an agency under contract with the Com-
                                                                          neither the Commission, nor any staff member of the Commissior
mission; and
                                                                          shall be named legal guardian for any Commission client. If an
   4. Persons who are members of the immediate household or direct
                                                                          agency or individual wishes to request guardianship, such reques
business associates of a person described above or related to a Board
                                                                          shall be directed to the Commission's Chief of Field Operations. Th
member by blood or marriage.
                                                                          request shall then be forwarded to the appropriate Department c
   (f) Anyone wishing to apply for board membership shall express
                                                                          Human Services division. depending on the nature of the client'
that desire in writing to the Executive Director or the appropriate
                                                                          disability.
regional or Statewide office manager and request an application. The
applicants shall hear from the Executive Director or appropriate          10:91-1.12 Definitions
manager regarding acceptance or denial of their request within 30           The following words and terms, when used in this Chapter, sha
days after returning the application.                                     have the following meanings, unless the context clearly indicate
   (g) Boards shall:                                                      otherwise:
   I. Comply with the Open Public Meetings Act, N.J.S.A. 10:4-6              "Accommodation" means a process by which a person utilize
et seq.;                                                                  alternative techniques to perform vision oriented tasks.
   2. Choose one of its members to act as chairperson. The chair-            "Active status" means that a person has been found eligible t,
person shall automatically have a seat on the executive director's        receive all appropriate Commission services and the person is current
consumer advisory board, representing the regional board;                 Iy receiving said services.
   3. Meet not less than four times a year; and                              "Adaptive skills" means those skills which a visually impaire
   4. Determine the location of the meetings.                             person has learned allowing them to perform tasks that normall
   (h) Board responsibilities are:                                        involve the utilization of the visual sense.
    I. To serve as advocate and advisor to Commission staff in the          "Ancillary caseworker" means a Commission staff person who i
development of services to the blind and visually impaired;               providing services to a client but is not the client's prirnar
   2. To review Commission services and related programs;                 caseworker.
   3. To advise and make recommendations concerning services deal-           "Applicant" means a person who has completed the agency's ap
ing with the development of policies and procedures within the gen-       plication for service form, but has not yet been found either eligibl
eral directive of the Department of Human Services and any changes        or ineligible for placement into active status.
affecting services and policies;                                             "Best correction" means the optimal visual acuity which a perso
   4. To review the Commission's Annual State Plan of services;           can attain after their visual functioning is evaluated by an eye doctoi
   5. To survey client satisfaction with agency services;                    "Communicable disease" means any disease which can be acquire,
   6. To assist in developing regional office budgets;                    as a result of direct contact with someone who has the disease.
   7. To evaluate program planning and service delivery; and                 "Competitive employment" means a job wherein the person is pai
   8. To review and evaluate grant awards priorities.                     wages and the job is a position which is also available to non-disable,
                                                                          persons.

(CITE 21 N.J.R. 2756)                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                             You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                          Interested Persons see Inside Front Cover                                HUMAN SERVICES

   "Contested case" means an adversary proceeding, including any              "Sheltered employment" means that a person is employed within
licensing proceeding, in which the legal rights, duties, obligations,       a controlled environment which utilizes work experience and related
privileges, benefits or other legal relations of specific parties are       services to assist the handicapped individual to achieve a more pro-
required by constitutional right or by statute to be determined by          ductive vocational status.
an agency by decisions, determinations, or orders, addressed to them          "Similar benefit" means any service or financial assistance for the
or disposing of their interests, after opportunity for an agency hearing    same services from any other source(s).
(see N.J.S.A. 52:14B-2). The required hearing must be designed to             "Visual acuity" means the measurement of the ability of the eye
result in an adjudication concerning the rights, duties, obligations,       to perceive the shape of objects in the direct line of vision and to
privileges, benefits or other legal relations of specific parties over      distinguish detail.
which there exist disputed questions of fact, law or disposition relat-       "Visual impairment" means that a person identifies themselves as
ing to past, current or proposed activities or interests. Contested cases   having difficulty reading ordinary newsprint even when wearing
are not informational nor intended to provide a forum for the ex-           glasses.
pression of public sentiment on proposed agency action or broad
policy issues affecting entire industries or large, undefined classes of    SUBCHAPTER 2.         ELIGIBILITY STANDARDS FOR
people.                                                                                           COMMISSION SERVICES
   "Daily living skills" means those skills which a person learns that      10:91-2.1 Allied independent living and prevention services
allows them to perform personal care activities, for example, dress-
                                                                               (a) Individuals whose visual acuity is better than 20/70 shall be
ing, washing and shopping.
                                                                            eligible for certain services, if they have a problem in one or both
   "Developmentally disabled" means a severe, chronic disability of
                                                                            eyes requiring surgery or treatment if such surgery or treatment
a person which is attributable to a mental or physical impairment           would prevent vision loss, as follows:
or combination of mental or physical impairment that is manifest
                                                                               I. Social caseworker assistance, rehabilitation classes and/or
before age 22, is likely to continue indefinitely, results in substantial
                                                                            teaching or orientation and mobility instruction provided with the
functional limitations in three or more of the following areas of major
                                                                            approval of the regional manager;
life activity, that is, self-care, receptive and expressive language,
                                                                               2. Muscle surgery which may contribute to an overall improve-
mobility, self-direction, and capacity for independent living or econ-
                                                                            ment in vision by enabling both eyes to work in unison even if the
omic self-sufficiency, and reflects the need for a combination and
                                                                            surgery neither prevents vision loss nor restores vision. Requests for
sequence of special interdisciplinary or generic care, treatment or
                                                                            muscle surgery by individuals with visual acuity of 20/70 or better
other services which are of life-long or extended duration and are
                                                                            shall be considered for approval by an allied services supervisor on
individually planned and coordinated. Developmentally disabled in-
                                                                            a case-by-case basis; and
cludes, but is not limited to, severe disabilities attributable to mental
                                                                               3. Medical casework services.
retardation, autism, cerebral palsy, epilepsy, spina bifida and other
                                                                               (b) Individuals shall be eligible for all allied services if their best
neurological impairments where the above criteria are met.
                                                                            corrected vision is 20/70 or less in their better eye.
   "Eligible" means that a visually impaired person has met the
                                                                               (c) Individuals who have field of vision defects shall be eligible for
eligibility criteria set forth for the services they wish to receive.
                                                                            all allied services (see N.J.A.C. 10:91-1.12).
   "Field of vision defect" means that the person cannot detect visual
                                                                               (d) Individuals shall be ineligible for non-surgery or treatment
stimuli throughout the entire area being observed which normally can
                                                                            related services if their best corrected vision is 20/50-1 to 20/69 in
be seen without moving the head or eyes. See definition of "legally
                                                                            their better eye except as outlined in (a) above.
blind" in this section.
   "Homemaker" means a person who performs the major portion                10:91-2.2 Education services
of tasks associated with maintaining a home.                                   (a) Individuals whose best corrected visual acuity is 20/70 or less
   "Independent living" means that a person is able to maximize their       in their better eye shall be eligible for educational services.
level of independent and productive functioning in the most ap-                (b) Individuals with field of vision defects shall be eligible for
propriate, least restrictive setting.                                       education services (see N.J.A.C. 10:91-1.12).
   "Intake" means the process by which the Commission assesses a               (c) Individuals with a problem in one or both eyes requiring sur-
person's need, desire and eligibility for agency services.                  gery or treatment with visual acuity better than 20/70 shall be in-
   "Last dollar resource" means that the Commission will execute            eligible for educational services.
payment for a service only after all other potential payors have been          (d) Individuals whose best correction is between 20/50-1 and
eliminated.                                                                 20/69 in their better eye shall be ineligible for educational services.
   "Legally blind" means central visual acuity that does not exceed            (e) Education services clients shall meet additional criteria as set
 20/200 in the better eye with best correction or fields of vision that     forth in N.J.A.C. 10:92.
are so limited that the widest diameter of visual field subtends an
                                                                            10:91-2.3 Vocational rehabilitation services
angle no greater than 20.
                                                                               (a) Individuals shall be eligible for vocational rehabilitation ser-
   "Low vision" means reduced visual acuity and/or abnormal visual
                                                                            vices if their best corrected vision is 20/50-1 to 20/69 in their better
fields which are the result of a disorder in the visual system.
                                                                            eye and vision is deteriorating and there is a job placement problem
   "Non-contested case" means any hearing offered by an agency for
                                                                            because of vision dysfunction.
reasons not requiring a contested case proceeding under the statutory
                                                                               (b) Individuals whose visual acuity is better than 20/69 shall be
definition of contested case.
                                                                            eligible for vocational rehabilitation services if there is a problem in
   "Preschool" means that period of time between birth and a child's
                                                                            one or both eyes requiring surgery or treatment and if there is a job
sixth birthday.
                                                                            placement problem because of vision dysfunction.
   "Primary caseworker" means the Commission staff person who is
                                                                               (c) Individuals whose best corrected vision is 20/70 or less in their
assigned the responsibility of being the Commission's main represen-
                                                                            better eye shall be eligible for vocational rehabilitation services.
tative to an individual client.
                                                                               (d) Individuals with field of vision defects shall be eligible for
   "Referral" means that a person or someone on their behalf has
                                                                            vocational rehabilitation services (see N.J.A.C. 10:91-1.12).
contacted the Commission to investigate the availability of services.
                                                                               (e) Vocational rehabilitation services' clients shall meet additional
   "Resident" means a person who is currently residing in New Jer-
                                                                            criteria pursuant to N.J.A.C. 10:95.
sey, or for the purpose of vocational rehabilitation, in the United
                                                                               (I) To be eligible for the Vending Facility Program, a person shall
States and who is either a United States citizen by birth or natural-
                                                                            meet the definition of legal blindness.
ization or can provide documentation that they have either applied
for and/or been granted permanent residence by the Immigration and          10:91-2.4 Eye reports
Naturalization Service.                                                       (a) Eye reports shall be completed by ophthalmologists or op-
   "Self-employment" means that a person owns and operates their            tometrists and forwarded to the client's primary caseworker at the
own business.                                                               Commission. The eye report shall include an initial report including

                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                      (CITE 21 N.J.R. 2757)
                                    You're viewing an archived copy from the New Jersey State Library.
HUMAN SERVICES                                                                                                                       PROPOSALS

an eligibility classification and treatment recommendation, a report         10:91-2.7 Other vocational rehabilitation (VR) standards
of any follow-up visits, and a post-operative report. Eye reports are          (a) The primary purpose of a VR eligibility determination shall
necessary as part of the preliminary diagnostic study, to determine          be to identify those visually impaired persons who may be served
eligibility for Commission services, to develop service plans and to         with VR funds pursuant to 34 CFR 361.31.
monitor the client's visual progress or lack of progress.                      (b) The VR counselor shall have the ultimate responsibility, after
   (b) The Commission shall request an eye report when the Com-              advice and consultation with the supervisor, ancillary workers and
mission pays for a client's eye examination, when the client pays for        medical consultants, to determine an individual's:
an examination, when a new examination is needed, or when a client              I. Eligibility for VR services;
has not been examined within the past year and a current eye report            2. Eligibility for extended evaluation; and
is considered necessary.                                                        3. Ineligibility for VR services.
   (c) Eye reports shall be filed in the client's case record.                 (c) Services to determine eligibility, while the client is in applicant
   (d) The caseworker's responsibility is to secure the name and ad-         status, shall be provided without regard to economic need.
dress of a client's eye doctor. If a client has no eye doctor, the              (d) Illegal aliens present in the United States without legal status
caseworker shall provide the client with a list of available doctors.        shall not be eligible for VR services.
If an eye exam has occurred within the past year, the caseworker               (e) Immigrant aliens admitted for the purpose of permanent resi-
shall inform the client that the eye report will be requested directly       dence and who possess a valid alien registration card shall be eligible
from the eye doctor.                                                         for VR services.
   (e) Commission staff cannot recommend specific doctors. Staff               (f) Non-immigrant aliens are individuals admitted for a particular
will provide a minimum of three doctors' names to clients in close           purpose or time period and are expected to return to their home
proximity and accessible from a client's residence. The clients may          country upon completion of a specific purpose or time period. Exam-
select the doctor of their choice.                                           ples include:
                                                                                I. Visitors for business or pleasure;
10:91-2.5 Residency requirements
                                                                               2. Crewmen of vessels or aircraft; and
   (a) New Jersey residents who meet eligibility standards shall be             3. Students pursuing a course of study.
eligible for all Commission services.                                          (g) Non-immigrant aliens may be eligible for VR services if the
   (b) Residents of other states who meet the eligibility standards          individual is available to complete an Individual Written Rehabili-
shall be eligible for Commission services as follows:                        tation Plan and the individual's temporary registration card (1-94)
   I. Eligible for orientation and mobility training;                        would allow the client to become employed.
   2. Eligible for educational services if they are receiving care at a        (h) Eligibility shall be determined without regard to sex, race, age,
New Jersey treatment center and the projected length of stay is not          color, religion, national origin, economic need, or category of dis-
more than six months; and                                                    ability.
   3. Eligible for vocational rehabilitation if they are available to          (i) Eligibility criteria are as follows:
complete the full vocational rehabilitation program including place-            I. "Criterion I" means the presence of a physical or mental dis-
ment in employment.                                                          ability;
   (c) Resident aliens who meet the eligibility standards shall be              2. "Criterion II" means the disability must constitute for that
eligible for all Commission services.                                        individual a substantial handicap to employment; and
   (d) Non-resident aliens, including people with temporary and stu-
                                                                                3. "Criterion III" means there is a reasonable expectation that
dent visas, who meet the eligibility standards shall be eligible for         vocational rehabilitation services will benefit the individual in terms
Commission services as follows:
                                                                             of employability.
    I. Eligible for orientation and mobility;
                                                                                (j) In all cases of legal blindness, severe visual impairment or where
   2. Eligible for Educational Services if attending preschool, elemen-
                                                                             a rapidly progressive visual condition exists, the Commission shall
tary school or high school; and
                                                                             have the responsibility for at least providing an evaluation to de-
   3. Equalization services shall be provided to foreign students at-
                                                                             termine eligibility regardless of other documented disabilities.
tending college full time if funds are available and if the Statewide
manager approves pursuant to N.J.A.C. 10:95.                                 10:91-2.8 Notification of ineligibility for allied and education
                                                                                          services
10:91-2.6 Other educational standards
                                                                                (a) The Commission for the Blind and Visually Impaired shall
   (a) The Commission shall provide special instruction and/or re-           notify by certified mail an individual, other than a preschool vision
lated services to certain individuals whose visual dysfunction impedes       screening participant, who applied or was referred for Commission
or may impede their progress in elementary and secondary school.
                                                                             services whenever such an individual has been found to be ineligible
   (b) An applicant for special instruction and/or related services          for services (see N.J.A.C. 10:91-2.1 and 2.2). The Commission shall
shall meet the following eligibility requirements:                           send this notice within two weeks of the determination that he or
   I. As set forth in N.J.A.C. 10:91-2.2 and 2.5;
                                                                             she does not meet basic eligibility criteria and cannot receive services.
   2. He or she is 21 years of age or younger; and                              (b) A caseworker may initially inform individuals of their in-
   3. He or she has not completed secondary school.
                                                                             eligibility either in person or by telephone, as long as written notice
   (c) Assessment and evaluation of the need for Commission services         is mailed within the required two-week period.
is based upon a determination that an individual meets the visual
                                                                                (c) The ineligibility notice shall state:
eligibility standards pursuant to NJ .A.C. 10:91-2.2, following which
                                                                                I. The Commission's decision;
the Commission shall make a further determination as to a student's
                                                                                2. The basis for the decision;
eligibility for educational services.
                                                                                3. The effective date of the decision; and
   (d) Educational needs related to visual loss shall be reviewed by
                                                                                4. The methods for appealing the decision.
the Commission with the student, his or her parent or guardian and
the local school district study team.                                        10:91-2.9 Ineligibility for vocational rehabilitation services
    I. If it is determined that the student's visual dysfunction adversely     (a) An individual may be determined ineligible for VR services for
affects his or her academic progress, the Commission shall provide           any of the following reasons:
educational services; and                                                       I. "No disability", which means an individual does not have a
   2. If it is determined that the student's visual dysfunction does not     visual disability which renders him or her eligible for Commission
adversely affect his or her academic progress, but the individual is         services, such as TOO MUCH remaining vision;
eligible for other Commission services, he or she shall be referred            2. "No vocational handicap", which means a client may have a
to allied services.                                                          disability, but does not have a handicap to employment; and/or
                                                                               3. "No vocational potential", which means a client may have a
                                                                             disability and a vocational handicap, but there is no reasonable


(CITE 21 N.J.R. 2758)                 NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
PROPOSALS                                          Interested Persons copy from Front Cover
                                              You're viewing an archivedsee Inside the New Jersey State Library.         HUMAN SERVICES

expectation that vocational rehabilitation services will benefit the       10:91-2.11 Presumption of eligibility
person in terms of employability. For example:                               (a) A person who meets one of the following criteria will be
   i. There is no vocational potential due to the severity of the dis-     presumed to be eligible for those services described in N.J.A.C.
ability or combination of disabling conditions; or                         10:91-4.1 through 4.3:
   ii. There is no vocational potential due to unfavorable medical            I. The person is a former client of the Commissioner who was
prognosis.                                                                 previously found eligible pursuant to N.J.A.C. 10:91-2.1 through 2.5
   (b) An individual shall be declared ineligible if he or she fails to    and the date on which the person was most recently referred to the
meet any of the three eligibility criteria (see N.J.A.C. 1O:91-2.7(i»;     Commission is not more than one year after the date on which the
   (c) An ineligibility determination shall be made only after full        person's most recent previous case was closed;
participation with the individual, parent, guardian, or other represen-      2. The person is a former client of the Commission who was
tative, or after affording a clear opportunity for such consultation.      previously found eligible pursuant to NJ.A.C. 10:91-2.1 through 2.5,
   (d) The individual shall be notified in writing of an ineligibility     and whose eye condition, as reported on the most recent eye report
decision, including the reasons for the decision, and the means for        the Commission has on file for this person, is one which generally
expressing any dissatisfaction and seeking remedy, including the           remains stable; or
procedures- for an administrative review and fair hearing (see               3. The person is a client of the Division of Developmental Dis-
N.J.A.C. 10:91-6.2). The client shall receive a copy of the Certifica-     abilities (DDD) and is being referred to the Commission by a DDD
tion of Ineligibility and an ineligibility letter.                         staff person who has documentation on file that the person being
                                                                           referred is visually impaired.
 10:91-2.10 Certificate of ineligibility for vocational rehabilitation
                                                                             (b) A person shall not be presumed eligible for those Commission
              services
                                                                           services for which there is a financial needs standard (see N.J.A.C.
   (a) A certificate of ineligibility shall be maintained in all case
                                                                           10:91-3.1 through 3.3).
records when a client is determined to be ineligible pursuant to
                                                                             (c) A person shall not be presumed eligible if in order to receive
N.J.A.C. 10:91-2.9.
                                                                           the services they request must meet the eligibility standards cited in
   (b) No ineligibility certificate shall be needed when clients are
                                                                           NJ.A.C. 10:91-2.6 and 2.7.
closed from referral or applicant status for the following reasons
                                                                             (d) If, at any time, a Commission caseworker receives information
which do not constitute a decision of ineligibility.
                                                                           which suggests a person who has been presumed eligible may not
    l. Client death;
                                                                           be eligible, then the caseworker will commence a full eligibility in-
   2. Client moves out of State or is impossible to contact after
                                                                           vestigation.
reasonable efforts to do so;
   3. Client institutionalized, causing the individual to be unavailable    SUBCHAPTER 3.         FINANCIAL STANDARD
and precluding evaluation, diagnosis, or other essential services for
an indefinite or considerable period of time and continuance of an          10:91-3.1 Financial need standard and survey
open case would not benefit the individual; and/or                            (a) The financial need standard is a test which shall be used to
   4. Client declines to accept or utilize vocational rehabilitation       determine a client's ability to pay for certain services. For those
services after a reasonable effort has been expended to encourage          clients who meet the test, the Commission shall provide the cost of
participation.                                                             these services. For clients who do not meet the test, the standard
   (c) Appropriate explanations shall be included in the case record       establishes the level of their responsibility toward the cost of those
when the reason for closure does not fit into any other category and       services. The financial aid provided by the Commission shall supple-
is not related to the eligibility criteria. An individual may decline to   ment rather than replace resources available to a client including
participate for reasons determined to be related to the severity of his    similar benefits (see N.J.A.C. 10:91-3.6). The Financial Survey Form
or her condition, such as emotional problems, which cannot be              and the Financial Participation Worksheet are the documents used
satisfactorily resolved. The reason for closure is then one of in-         to gather and analyze information needed to determine financial
eligibility instead of unavailability.                                     eligibility. The exception is college tuition assistance where the Com-
                                                                           mission utilize the Financial Aid Form which is a standard form
                                                                           utilized by many college applicants for financial aid. The Financial
                                                                           Survey Form and the Financial Participation Worksheet are as fol-
                                                                           lows:




                                    NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                    (CITE 21 N.J.R. 2759)
HUMAN SERVICES                  You're viewing an archived copy from the New Jersey State Library.                                            PROPOSAL~

                                        New Jersey Commission for the Blind & Visually Impaired
                                                    FINANCIAL SURVEY FORM
 I. Client Name                                                                           _    Social Security   #                                   _
2. Counselor                                                                              _    Date                         ....,.....               _
                                                                                                            mo              day                 yr

FAMILY INCOME                                                                                                                       MONTHLY AM'T
3. Gross monthly pay of client (before deductions)                                                                                       .
4. Husband/father gross monthly pay (if applicable)                                                                                      ..
5. Wife/mother gross monthly pay (if applicable)                                                                                         .
6. Guardian and/or other contributing family member gross monthly pay                                                                     .
                                                                       List                How                   Benefits
                                                                      Amount            Often Paid                Cease
7. Unemployment/temporary disability ins. ..                 .
8. Workers' Compensation                                    ..
9. VA pension                                               ..
10. Supplemental Security Income                             .
II. Social Security Retirement or Disability                 .
12. Welfare                                                  .
13. Income from property                                    ..
14. Interest and/or dividend                                ..
15. Alimony or child support                                 .
16. Other income (specify)                                  ..
17. GROSS TOTAL MONTHLY CASH INCOME
    From all Sources (Total Lines 3 through 16)                                                                             ..

DEDUCTIONS FROM INCOME                                                                                                              MONTHLY AM'T
                                                                                           How                   Paid Up
                                                                      Amount            Often Paid                 Date
18. Indebtedness                                             .
19. College/training costs                                  ..
20. Medical care/treatment costs per year _ _; less $1068         = __; divided        by 12   =             _
21. Second working parent (= $167)                                                                                          ..
22. ALLOWABLE DEDUCTIONS FROM INCOME (Total lines 18 through 21)                                                            ..
23. A VAILABLE INCOME (Line 17 minus Line 22)                                                                               ..

LIQUID ASSETS
24. Amount of cash on hand or money in the bank                                                                             ..
25. Amount invested in savings bonds, stock, bonds, etc. ..                                                                  ..
26. TOTAL LIQUID ASSETS                                                                                                      .
27. Total number of persons depending on family income, including client                                                     .
28. Sources of income verification                                                                                          ..
Medical Insurance (Check Appropriate Box)
Blue Cross _ _        Blue Shield _ _       Rider J or Major Medical _ _
Medicare _ _        A __        B __       Medicaid _ _          Other _ _        (Specify) _ _

The information given above is a true statement of my financial condition.
Signature of Client                                                           _

A review of the information on this form on the following date(s) indicated that there had not been a change in the client's financial situation.


          Date #1                        Date #2                       Date #3                        Date #4

(CITE 21 N.J.R. 2760)                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                            You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                          Interested Persons see Inside Front Cover                                    HUMAN SERVICES

                                                FINANCIAL PARTICIPATION WORKSHEET
The client is automatically eligible and the calculation below is unnecessary, if, for the corresponding family size, liquid assets (line 26
on the Financial Survey form) are less than the asset allowance shown in column B and available income (line 23 on the Financial Survey
form) is less than the monthly income allowance shown in column E. Otherwise, complete this form on the line corresponding to family
size of client. If calculations result in "0" or less, enter "0"

                          A                 B                 C               D                       E                 F                   G
                                                                                                                     Low                 Partici-
Family                  Liquid                             Assets          Available           Monthly             Income                pation
Size                    Assets           Asset            Counted           Income             Income             Deduction             Amount
(Line 27)             (Line 26)        Allowance          (A-B)jI2         (Line 23)          Allowance             (E-D)              (C+D-E-F)
I                                        $ 2,000                                                $1,024
2                                          4,000                                                  1,351
3                                          6,000                                                  1,718
4                                          8,000                                                 2,046
5                                         10,000                                                 2,454
6                                         12,000                                                  2,761
Over 6 (each)                           (+2,000)                                                (+144)

#'---
I. Family size times $2,000.
2. $2,761 + $144 for each one above 6 persons.

ANNUAL FINANCIAL CONTRIBUTION ARRANGEMENT: (See: NJ.A.C. 10:91-3.4)
  (b) Family income shall include gross wages before deductions,           10:91-3.2 Financial need standard applied to allied and education
pensions, income from property and trusts, disability payments,                        services
interest and dividends, public assistance payments, and any other            (a) The following table indicates the application of the financial
funds, not including loans, available to a client or legally responsible   need standard to allied and education clients pursuant to N.J.A.C.
person. Dividends or interest from savings or insurance policies shall     10:91-3.1 :
be counted as income. Only the actual contributions made to the
family unit by siblings or other individuals living in the home shall                                                        Allied             Education
be included as income.                                                     Purchase of:                                     Services             Services
  (c) Legally responsible persons shall include spouse, parent or
guardian. Where a client over age 18 is supported by a parent,             Main tenance                                        yes                 no
guardian, or other responsible persons the full financial resources of     Training Equipment                            not applicable            no'
the parents, guardians or legally responsible relatives shall be counted   Homemaking: Daily Living Aids                    yes (after             no
in establishing family income.                                                                                         initial purchase)'
   (d) Liquid assets shall include checking accounts, cash, savings,       Optical or Accessory
stocks, and bonds (current market value) or income from trusts               Low Vision Aids                                   no                  no
available to a client or legally responsible person.
                                                                           Projection or Electronic
   (e) A home occupied by a client as a residence is not counted as
a resource. Income from property shall be counted after deducting
                                                                             Low Vision Aids                                  yes           See N.I.A.C.
the cost of operation and maintenance from the gross income re-
                                                                                                                                                  10:92
ceived.                                                                    fu~m~                                               00                  00
   (I) Existing insurance policies shall not be counted as a resource      Hospitalization                                    yes                  yes
but clients are advised to check to see whether they are eligible for      Surgery and Treatment                              yes                  yes
disability payments. Disability payments received shall be counted         Diagnostic Evaluations                             no                   no
as income at the time they are received.
  (g) Personal effects such as personal apparel, jewelry, and house-       ~~~                                                ~                    ~
hold effects shall not be counted as a resource.                           Eye Glasses and Lenses                              no                  no
  (h) Allowable deductions pertains to indebtedness or costs for           Textbooks and Materials                             no                  no
medical care in excess of $1,068 per year of college tuitions or other     Equalization Services                               no                  no
training costs for family members. These shall be deducted from
income. Regular payments for indebtedness of an extraordinary              'High cost equipment is provided on a loan basis; and
nature such as a business loss shall also be considered on a case-         'The financial need standard does not apply to the initial purchase, but doesapply
by-case basis to be reviewed by the Supervisor.                            to any subsequent purchases.
   (i) Low income deduction pertains to clients who derive income           10:91-3.3   Financial need standard applied to vocational
from assets and have little or no income from wages or pension                          rehabilitation services
payments. Clients as described in this subchapter shall be allowed           (a) Services not subject to the needs test standard are as follows:
a low income deduction. This subsection primarily is intended to              I. The first $10,000 spent on adaptive equipment;
assist older persons in allowing them to retain assets needed to              2. Ancillary services provided by Commission staff including re-
generate income.                                                           habilitation teaching, orientation and mobility, eye health nurse and
                                                                           social work services, etc.;
                                                                              3. All diagnostic and evaluative assessment services while the client
                                                                           is an applicant or is being evaluated to determine eligible for VR
                                                                           services, including medical, psychological and vocational assessment;

                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                           (CITE 21 N.J.R. 2761)
                                  You're viewing an archived copy from the New Jersey State Library.
HUMAN SERVICES                                                                                                                        PROPOSALS

   4. Eye glasses and lenses;                                               the cost of service, and this is documented on the financial partici-
   5. Costs incurred for any client attending the Joseph Kohn Re-           pation worksheet:
habilitation Center for tuition, transportation, maintenance, or room          I. The caseworker shall prepare an authorization for the Com-
and board while in any phase of a client's vocational rehabilitation        mission's share of the cost; and
program;                                                                       2. The copy of the authorization sent to the vendor shall be accom-
   6. Loan of training or other equipment;                                  panied by a letter indicating the participation arrangement that has
   7. Optical or accessory low vision aids;                                 been made with the client. A copy of that letter shall be sent to the
   8. Low vision examination for initial evaluation and up to three         client.
follow-up visits;                                                              (d) The Financial Needs Survey shall be reviewed annually and
   9. Initial purchases of homemaking aids and aids to daily living;        a new one prepared if there is a change in income or resources.
   10. Maintenance and evaluation costs for a client attending any
                                                                            10:91-3.5 Financial survey form
type of diagnostic or evaluation program while in work adjustment
or a basic skill training program at a rehabilitation facility, including      (a) A financial survey form shall be completed for each new and
the Joseph Kohn Rehabilitation Center;                                      readmitted client at the time of the first authorization for any services
   II. On-the-job training, although it is considered to be a training      subject to financial need. The client supplies the information and the
program;                                                                    primary caseworker completes the form.
   12. Technical Aids Center approved training equipment which                 (b) Survey forms shall not be mailed to clients for completion.
remains the property of the Commission;                                        (c) Income shall be verified by pay stubs, or check stubs from
   13. Transportation for work adjustment and basic skills training         pensions or benefits. The caseworker may request the previous year's
                                                                            income tax forms to identify any additional income or to verify the
at a rehabilitation facility, including the Joseph Kohn Rehabilitation
Center;                                                                     number of individuals reported as dependent on family income. De-
   14. Visits to and from a doctor's office or hospital in order to         pendent refers to the total number of individuals dependent on family
                                                                            income, consistent with what is reported on IRS income tax forms.
determine eligibility while undergoing evaluation for VR services;
                                                                               (d) The client or parents shall be told that the financial survey
and
                                                                            form and financial participation worksheet shall become part of the
   15. Vocational training for work adjustment and basic skills at a
                                                                            client's confidential case record.
rehabilitation facility including the Joseph Kohn Rehabilitation
                                                                               (e) Client or parent refusal to provide financial information or to
Center.
                                                                            sign the financial survey form shall be noted in the client's case
   (b) Services subject to the needs test standards are as follows:
                                                                            record.
    I. All purchases of adaptive equipment above the first $10,000
                                                                               (I) A copy of the completed survey shall be offered to the client,
spent;
                                                                            and mailed if requested.
   2. Tuition costs for college training. This includes graduate, under-
graduate, and two year college programs;                                    10:91-3.6 Commission as last dollar resource
   3. Projection or electronic low vision aids and devices, and follow-       (a) The concept of similar benefits means that the Commission is
up visits;                                                                  the last dollar resource for the purchase of services.
   4. Homemaking aids and aids to daily living subsequent to the               J. "Similar benefits" refers to any service or financial assistance
initial purchase;                                                           avaiJable to visually handicapped persons from a resource other than
   5. All maintenance costs not designated as non-needs test items;         the Commission. All clients shall be required to use or apply for
   6. Medical devices and equipment such as hearing aids, prosthetic        similar benefits for which they are eligible in order to cover, in whole
devices;                                                                    or in part, the cost of services unless this will cause a significant delay
   7. All placement equipment purchases. When adaptive equipment            in the provision of services.
is purchased for a client as part of the start-up costs of a small            2. Similar benefits examples are as follows:
business and the total start-up costs are $10,000 or less, the needs          i. An employer provides placement equipment on the basis of
standard does not apply to the purchase of that adaptive equipment          "reasonable accommodation"; and
(see small business enterprise program,                                       ii. Provision of textbooks and materials such as regular print texts
NJ.A.C. 10:95);                                                             and Recordings for the Blind tapes.
   8. Medical costs for physical and mental restoration;                      (b) Similar benefits shall include the utilization of community
   9. Telecommunication and technological aids and devices includ-          resources that may provide financial assistance, benefits, or services
ing Optacon, CCTV, Versabraille, electronic guiding devices, etc.;          to a client.
    10. All training equipment except that purchased relative to work
adjustment training (see Training and vocational programs, N.J.A.C.         SUBCHAPTER 4.          DESCRIPTION OF SERVICES
 10:95);
                                                                            10:91-4.1 Services available to all New Jersey residents
    II. All transportation costs not designated as non-needs test items;
                                                                               (a) The following services are available to all New Jersey residents:
and
                                                                               I. The 800 Unit provides counseling and guidance services,
    12. All other vocational training costs not designated as non-needs
                                                                            outreach, information and referral services and processes service
 test items.
                                                                            applications for anyone contacting the Commission's toll free
10:91-3.4 Financial participation by clients                                number (1-800-962-1233). This service is staffed between the hours
   (a) Participation by a client in the cost of services subject to         of 9:00 A.M. and 5:00 P.M., Monday through Friday. Persons con-
financial need shall be required up to the calculated participation         tacting the Commission after working hours or on weekends and
amount and represents the maximum amount he or she shall be                 holidays may leave messages on a tape system. Follow-ups shall be
expected to contribute.                                                     made on all inquiries;
   (b) The client's financial participation amount shall be applied to         2. The diabetic eye disease detection program promotes the early
services authorized in the one year period from the date on which           rletection and monitoring of retinal and other ocular changes in
the financial participation amount was determined except for in-            known diabetics (see NJ.A.C. 10:94);
stances in which there is a change in income or resources during that          3. The pre-school vision screening program provides visual acuity
period of time.                                                             and muscle imbalance screening to preschool and kindergarten chil-
   (c) The client and the primary caseworker shall mutually agree           dren, to detect symptoms of amblyopia and other eye conditions that
upon the financial participation arrangement, which shall be                may cause visual impairment or visual loss (see N.J.A.C. 10:94);
documented in the case file. Payments by the client shall be made              4. The glaucoma detection program (Eye Health Week follow-up)
directly to the vendor. Clients shall be expected to participate up to      provides follow-up for glaucoma suspects and others individually
the calculated participation amounts as first dollar payments. When-        referred from screening during Eye Health Week which is sponsored
ever the client is to participate by contributing a specific amount to      by the Medical Society of New Jersey (see N.J.A.C. 10:94);

(CITE 21 N.J.R. 2762)                 NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989
                                               You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                          Interested Persons see Inside Front COfer                                 HUMAN SERVICES

   5. The mobile eye examination units provide eye examinations to              2. Other related costs, that is, payment for food or shelter inciden-
individuals for whom eye care is unavailable or available on a limited       tal to the provision of diagnostic services.
basis at sites such as housing projects, senior citizens centers, nursing
                                                                             10.91-4.3 Services available to all eligible clients
homes, institutions, and facilities for the handicapped (see N .J.A.C.
                                                                                (a) Once a determination of eligibility has been made by the Com-
10:94); and
                                                                             mission the client may receive appropriate services as specified in (b)
   6. The migrant eye examination program provides eye examin-
                                                                             through (q) below.
ations and follow-up service in conjunction with the New Jersey
                                                                                (b) Vision related medical diagnostics as follows:
Department of Education. Service is provided to children of migrant
                                                                                I. A low vision exam, that is, an evaluation which has as its
laborers who are attending schools or who are in the preschool
                                                                             objective a prescription of low vision aids and instruction/training
handicapped program (see N.J.A.C. 10:94).
                                                                             programs to enhance the visual performance of clients with low
10:9.\-4.2 Services available to all applicants                              vision;
   (a) Vision related medical diagnostic services are available to all          2. Vision related diagnostic procedures, that is, ultrasound of the
applicants as follows:                                                       eye (biometry), tluorescein angiogram, electroretinogram (ERG), en-
   I. An opthalmological exam, that is, an initial vision evaluation         dothelial cell count, fundus photography, visually-evoked response;
performed by an ophthalmologist including provision of a report              and
which contains the physician's definitive diagnosis, prognosis, rec-            3. Evaluation by other vision specialist (see N.J.A.C. 10:91-4.2 (a)
ommendations and classification;                                             3).
   2. An optometric exam, that is, an initial vision evaluation per-            (c) Non-vision related medical diagnostics as follows:
formed by an optometrist including provision of a report and classi-            I. Audiological exam, that is, an audiogram (hearing test) per-
fication; and                                                                formed by an audiologist; and
   3. Evaluation by other vision specialists, such as, an examination           2. A psychiatric evaluation, that is, an initial mental status examin-
by a corneal specialist, neuro-ophthalmologist, retinal specialist,          ation provided by a psychiatrist in a face-to-face interview which
ocular plastic specialist, or pediatric opthalmologist.                      includes a comprehensive history and evaluation of pertinent
   (b) Non-vision related medical diagnostic services are available to       diagnostic information neessary to arrive at a diagnosis and treat-
all applicants as follows:                                                   ment plan and recommendation for treatment or further diagnostic
    I. A general medical examination, that is, an examination per-           studies or consultation.
formed by an internist, pediatrician or family practitioner with the            (d) Psychological diagnostics as follows:
objective of determining general health status; and                              I. Evaluation/testing by a psychologist, that is, an assessment
   2. An otological exam, that is, an evaluation performed by an             which includes Weschler Intelligence Scale or its equivalent, and tests
otologist which includes a hearing evaluation, detection of ab-              in the following areas as needed: auditory, visual and visual motor,
normalities of the ear canal or ear drum, recommendations for medi-          language, gross motor, personality and adjustment.
cal/surgical treatment and/or a hearing aid evaluation.                         (e) Skills assessment at the Joseph Kohn Rehabilitation Center in
   (c) Skills assessment services are available to all applicants as         a program of assessment and incidental instruction for clients who
 follows:                                                                    travel to and from the center on a daily basis, or who reside at the
    1. A daily living skills evaluation, that is, an assessment whose        center, whose outcome is a written report which delineates the
outcome is a written report which delineates strengths, weaknesses           strengths, weaknesses, and needs relative to the client's ability to
 and needs relative to a client's ability to perform personal manage-        perform tasks associated with personal communication, orientation
 ment tasks (for example, grooming, cooking);                                and mobility, arts and crafts, and industrial arts as well as the
    2. A communication skills evaluation, that is, an assessment whose       outcome of a vocational assessment of the client.
 outcome is a written report which delineates strengths, weaknesses             (f) Vision related restorative treatment by low vision specialists for
 and needs relative to a client's ability to perform reading, writing,       services other than evaluations. Services are provided or supervised
listening or other tasks related to receiving or giving information;         by a medical practitioner and are related to lens fitting and/or follow-
    3. An orientation and mobility evaluation, that is, an assessment        up visits.
 whose outcome is a written report which delineates strengths, weak-            (g) Non-vision related restorative treatment as follows:
 nesses and needs relative to a client's ability to establish position in        I. Services by a pscychiatrist, that is, the provision of ongoing
 and relationship to objects in the environment and to move from one         treatment including psychotherapy and medication management;
 loca tion to another;                                                          2. Services by a psychologist, that is, group and individual psy-
    4. A functional vision evaluation, that is, an assessment whose          chotherapy, marriage and family counseling; and
 outcome is a written report which delineates an individual's strengths,        3. Services by other psychotherapist, that is, group and individual
 weaknesses and needs relative to a client's ability to use residual         psychoterapy by a certified marriage and family counselor or clinical
 vision;                                                                     social worker.
   5. An educational skills evaluation, that is, an assessment whose            (h) Provision of prosthetics and aids as follows:
outcome is a written report which delineates strengths, weaknesses               I. A low vision aid for distance task, that is, an optical device used
and needs relative to a client's ability to perform academic tasks (for      for observing objects, persons or other visual stimuli which are over
example, using textbooks, taking tests);                                     five feet away from the user;
   6. An eye health skills evaluation, that is, an assessment whose             2. A low vision aid for near task (other than CCTV), that is, an
 outcome is a written report which delineates an individual's strengths,     optical device used for observing printed materials such as books,
weaknesses and needs relative to a client's ability to secure or carry       menus, etc.;
 out the appropriate treatment for an eye condition; and                        3. A closed circuit television (CCTV), that is, an optical device
    7. An evaluaiton by a social worker, that is, an assessment whose        which utilizes a camera in conjunction with a monitor in order to
outcome is a written report which delineates an individual's needs           magnify printed material;
 relative to housing, health care, nutrition, adequate income, family           4. Standard eyeglasses, that is, an optical device which consists of
 and social supports.                                                        a frame and corrective lenses; and
    (d) Costs related to diagnostic and evaluation services as specified        5. Bifocal eyeglasses, that is, spectacles which contain lenses which
 in (a) through (c) above are available to all appplicants as follows:       correct for both a distance and near vision problem.
    I. Transportation, that is, expenditures for transporting clients,          (i) Provision of training materials or equipment as follows:
 and their escorts or attendants, if necessary, incidental to the                I. Orientation and mobility aids, that is, materials and/or adaptive
 provision of diagnostic services, including costs of trave! and             devices designed to help a blind or visually impaired person accom-
 subsistence (or per diem allowance in lieu of subsistence) while in         modate to vision loss when moving from one place to another or
 transit; and                                                                when establishing spatial position within the environment; and


                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                      (CITE 21 N.J.R. 2763)
                                  You're viewing an archived copy from the New Jersey State Library.
HUMAN SERVICES                                                                                                                     PROPOSALS

   2. Activities of daily living aids, that is, materials and/or adaptive      5. Other services to families, that is, any other service or commodi-
devices designed to assist a blind or visually impaired person accom-       ty not listed above which is provided to a member of the client's
modate to vision loss when performing personal management tasks,            family so that the client's service plan goals might be accomplished.
for example, cooking, shopping, dressing.                                      (0) Provider service programs to meet the special needs of Com-
   (j) Skills acquisition instruction as follows:                           mission clients (see N.J.A.C. 10:91-5.6).
   I. Communication skills, that is, instruction whose purpose is to           (p) Special services request as follows:
help clients acquire skills or other tasks related to receiving or giving       I. The Commission for the Blind and Visually Impaired, in coordi-
information;                                                                nation with other New Jersey state agencies, provides certain special
   2. Use and care of low vision aids, that is, instruction whose           services to those of its clients who are legally blind.
purpose is to help clients acquire skills or concepts which will enable        i. Persons who are not legally blind, but whose best corrected
them to maintain and use optical or electronic devices designed to          visual acuity is 20/50-1 shall be eligible for issuance of a State of
enhance low vision;                                                         New Jersey Division of Motor Vehicles Identification card; and
   3. Use of other specialized aids, that is, instruction whose purpose        2. Eligible Commission clients may request the following special
is to help clients acquire skills or concepts which will enable them        services:
to maintain and use adaptive materials or devices (see N.J.A.C.                i. Division of Motor Vehicles identification card;
1O:91-4.3(i»;                                                                  ii. Fishing license;
   4. Health maintenance, that is, instruction whose purpose is to             iii. Income tax certification letter;
help clients acquire skills or concepts which will enable them to              iv. Transit Reduced Fare Program;
perform tasks associated with maintaining adequate health care;                v. Guide transportation pass;
   5. Techniques for accomplishing activities of daily living, that is,        vi. Theater identification card;
instruction whose purpose is to help clients acquire skills or concepts        vii. Park forest, or reservation (free) admission pass; and
which will enable them to perform personal management tasks;                   viiii. Handicapped parking placard.
   6. Orientation and mobility techniques, that is, instruction whose          (q) Telephone directory assistance 411 exemption as follows:
purpose is to help clients acquire skills or concepts which will enable         1. Individuals whose impairment makes it impossible to use a
them to establish spatial position within the environment and to            telephone directory shall be allowed an exemption for directory as-
move from one location to another, for example, home to work,               sistance charges for calls made from their homes. These individuals
home to school;                                                             also may obtain New Jersey Bell Calling Cards to make directory
    7. Methods of caring for the eye, that is, instruction whose purpose    assistance calls from other locations;
is to help clients acquire skills or concepts which will enable them           2. Eligibility standard, that is, an individual classified as legally
to maintain proper eye care;                                                blind after all possible correction shall be eligible for an exemption
    8. Use of residual vision, that is, instruction whose purpose is to     from directory assistance charges; and
help clients acquire skills or concepts which will enable them to make         3. Application procedures are as follows:
maximum use of their visual capabilities;                                      i. Eligible individuals in active status with the Commission may
    Y. Social worker intervention, that is, instruction and/or other        obtain from their caseworker application forms for exemption from
services provided or arranged by a social worker which address socio-       directory assistance charges. Caseworkers shall assist the clients in
economic, medical, housing, recreational, and/or other needs of a           filing the exemption form, if necessary; and
client; and                                                                    ii. Clients whose cases are closed may telephone the Commission
    10. Joseph Kohn Rehabilitation Center (JKRC) training program           by calling I-800-962-1233 to request an exemption from directory
for commuters or residents means a program of instruction whose             assistance charges. The 800 Number Operator processes the request
purpose is to provide clients who travel to and from the center on          by conducting a computer search to verify the existence of an accep-
a daily basis or who reside at the center with the opportunity to           table record of legal blindness, entering on an application form that
acquire skills which are needed to perform specific occupations, for        the individual's entitlement to the exempiton is verified by the Com-
 example, operator of a vending facility or clerical professions.           mission for the Blind and Visually Impaired, 1100 Raymond
    (k) Related costs training as follows:                                  Boulevard, Newark, NJ 07102, and mailing the application form to
    I. Transportation, that is, expenditures for transporting a client,     the client for further processing.
 and escorts or attendants as necessary, incidental to the provision
                                                                            10.91-4.4 Additional services available to applicants and/or eligible
 of training services, including costs of travel and subsistence (or per
                                                                                        clients
 diem allowance in lieu of subsistence) while in transit; and
                                                                              (a) In addition to services specified in N.J.A.C. 10:91-4.1 through
    2. Other related costs, that is payments for training services that
                                                                            4.3, services may be made available to clients, as described in (b)
 cannot be properly classified under any other category.
    (I) Room and board payments for training at the Joseph Kohn
                                                                            through (i) below, when determined to be appropriate to a client's
 Rehabilitation Center, that is, room and board expenses in connec-         individual needs and based on the judgement and recommendation
                                                                            of a qualified professional, such as, a physician, psychologist or
 tion with the center.
                                                                            learning disability specialist.
    (m) Other maintenance costs, that is, food, shelter, rent, clothing
                                                                              (b) Educational services as follows:
 and other subsistence expenses not included within room and board
                                                                               I. Psychological diagnostics:
 payments.
                                                                              i. Learning disabilities evaluation, that is, an examination by a
    (n) Training related to services to families as follows:
                                                                            neuropsychologist or other learning disabilities specialist which in-
    1. Psychiatric and/or psychological service to a member(s) of a
 client's immediate family (see NJ.A.C. 10:91-4.3(g»;                       clude informal tests and observational measures, standard psycho-
    2. Counseling services to a member(s) of a client's family by Com-      logical tests and neuropsychological tests and which is designd to
 mission staff;                                                             detect disorders of the cognitive processes involved in understanding,
    3. Medical consultation to a member(s) of a client's family, that       perceiving and/or using language or concepts that are spoken.
 is, the provision of information to family memberss to help them             2. Skills assessment:
                                                                              i, Camp Marcella provides one or two weeks residential summer
 understand the needs of the handicapped individual;
                                                                            camp experience for visually handicapped children.
    4. Training/Instruction of a member(s) of a client's family, that
 is, the provision of services in order to prepare a family member to         3. Provision of training materials or equipment:
                                                                              i. Educational aids, that is, materials and/or adaptive devices
 assist a handicapped individual in a program of independent living
                                                                            which are designed to help a blind or visually impaired person accom-
 skills and to adapt to new or altered methods of home management
 and/or the provision of child care where such facilities are lacking;      modate to vision loss when performing academic tasks.
                                                                              4. Tuition payment:
 and
                                                                              i. Specialized school, that is, payment for attendance at residential
                                                                            schools for the deaf-blind;

(CITE 21 N.J.R. 2764)                 NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                              You're viewing an archived copy from the New Jersey State Library.

PROPOSALS                                            Interested Persons see Inside Front Cover                              HUMAN SERVICES

   ii. Nursery or day schools; and                                              2. Non-vision related restorative treatment:
   iii. Day camp, that is, payment to an organization which operates            i. Services Diabetologist, that is, an evaluation by a diabetes
a program of recreational activities.                                        specialist.
   5. Skills acquisition instruction:                                           3. Provision of prosthetics and aids:
   i. Methods of accomplishing educational tasks, that is, instruction          i. An intraocular lens, that is, an optical device which is implanted
whose purpose is to help clients acquire skills or concepts which will       in the eye as a replacement for the eye's natural lens;
enable them to perform academically related tasks; and                          ii. Contact lenses, that is, an optical device which rests directly on
   ii. Physical education or recreation skills, that is, instruction whose   the eyeball whose purpose is to correct a refractive error;
purpose is to help clients acquire skills or concepts which will enable         iii. An ocular prostehtic, that is, a device which occupies the eye
them to participate in sports and/or leisure activities.                     socket after an eye has been enuclated; and
   6. Room and board payments:                                                  iv, Eyeglasses for aphakia, that is, lenses which mount on the face
   i. For all other training, that is, any room and board cost; and          in front of the eyes in order to correct the refractive error caused
   7. Other services:                                                        by the removal of the eye's natural lens.
   i. Reader service, that is, payment to a person under the super-             4. Other vision related medical services:
vision of a Commission client who reads printed material to and/or              i. Treatment related drugs or supplies, that is, payment for
writes what is dictated by the client. Reader service is equivalent to       prescribed medications, biologicals, or supplies which are incident to
amanuensis service.                                                          the restorative services;
   (c) Allied prevention services as follows:                                   ii, In-patient hospitalization, that is, payment to a hospital for
   1. Vision related restorative treatment:                                  services provided to a client who has been or will be admitted to
   i. Treatment to the eyelids, that is, services provided or supervised     a hospital. Clients who will be having "same day surgery" are ad-
by a medical practitioner which are related to procedures involving          mitted to the hospital as patients;
the eye's lid.                                                                 iii. Out-patient hospitalization, that is, payment for hospital care
   ii. Treatment of the lacrimal system, that is, services provided or       which is provided to a client who has not been admitted to the
supervised by a medical practitioner relating to the tear duct and           hospital facilities at which the treatment occurs;
tearing;                                                                       iv, Convalescent care, that is payment to a convalescent or nursing
   iii. Treatment of the conjunctiva, that is, services provided or          home or nursing services organization for clients to purchase room,
supervised by a medical practitioner which are related to con-               board, nursing home care and other services provided by said facility
junctivitis or removal of the pterygium;                                     or organization;
   iv. Procedures related to repair of the cornea, that is, services           v. X-rays, that is, a diagnostic procedure wherein Roentgen ray
provided or supervised by a medical practitioner which are related           photographs of bodily parts are made and then interpreted by a
to an injury to the cornea including lacerations;                            medical professional;
   v. Procedures related to a corneal transplant, that is, services             vi. Lab tests, that is, diagnostic and/or pathology procedures such
provided or supervised by a medical practitioner which involves the          as urinalysis; and
removal and subsequent replacement of the eye's cornea;                         vii. Pre-admission testing, that is, an examination performed prior
   vi. Other treatment of the cornea, that is, services provided by a        to same-day surgery or in-patient hospitalization which includes
medical practitioner which are related to the removal of a foreign           blood pressure measurement, lab work/tests, etc.
body, treatment of corneal abrasions, scraping of an ulcer on the               5. Other vision restoration related services:
cornea, etc;                                                                    i. Transportation, that is, expenditures for transporting a client,
   vii. Treatment of a condition of the iris, ciliary body, sclera, and      and their escorts or attendants, if necessary, incidental to the
anterior chamber, that is, services provided or supervised by a medi-        provision of restoration services, including costs of travel and
cal practitioner which are related to such treatment;                        subsistence (or per diem allowance in lieu of subsistence) while in
   viii. Treatment related to cataract extraction, that is, services         transit; and
provided or supervised by a medical practitioner which are related              ii. Other related cost, that is, payment for restoration services that
to the removal of the eye's natural lens;                                    cannot be properly classified under any other category.
   ix. Treatment related to insertion of prosthetic lens, that is, ser-         6. Provision of training materials or equipment:
vices provided or supervised by a medical practitioner which relate             i. Health aids, that is, materials and/or adaptive devices which are
to the removal of the eye's natural lens and subsequent implantation         designed to help a blind or visually impaired person accommodate
of an artificial one;                                                        to vision loss when performng health maintenance tasks, for example,
   x. Treatment related to the repair of retinal detachment/tear, that       injecting insulin or administering medication.
is, services provided or supervised by a medical practitioner which             (d) Vocational rehabilitation (VR) services as follows:
are related to a retinal detachment or tear;                                     1. Non-vision related medical diagnostics;
   xi. Other treatment related to the retina, choroid or posterior              i. A dental exam, that is, an evaluation performed or supervised
chamber, that is, services provided or supervised by a medical practi-       by a dentist whose purpose is to detect maxillofacial problems and/or
tioner which are related to the treatment of inflammations or tumors;        diseases of the teeth and gums;
   xii. Treatment related to vitrectomy, that is, services provided or          ii. A diabetologist exam, that is, an evaluation by a diabetes
supervised by a medical practitioner which are related to the removal        specialist;
of the eye's vitreous;                                                          iii. A gastro-intestinal exam, that is, an evaluation performed by
   xiii. Treatment related to the extra-ocular muscle, that is, services     a specialist in diseases of the stomach and intestinal tract;
provided or supervised by a medical practitioner which are related              iv, A cardio-vascular examination, that is, an evaluation per-
to procedures involving eye muscles;                                         formed by a specialist in circulatory disorders of the heart and blood
   xiv. Treatment related to the eyeball, that is, services provided or      vessels;
supervised by a medical practitioner which are related to a medical             v. A proctological exam, that is, an evaluation performed by a
procedure involving the eyeball (that is, enucleation);                      proctologist;
   xv. Contact lens specialists for services other than evaluation, that        vi. A chiropractic exam, that is, an evaluation performed by a
is, services provided or supervised by a medical practitioner which          chiropractor;
are related to lens fiting and/or follow-up visits;                             vii. X-rays (see (c)4v above);
   xvi. An assistant surgeon in connection with vision-related treat-           viii. Lab tests (see (c)4vi above);
ment; and                                                                       ix. An orthopedic exam, that is, an evaluation by a specialist in
   xvii, An anesthesiologist for vision related treatment, that is, medi-    spine, joint and bone diseases and conditions;
cal practitioner who is certified to administer anesthesia during a             x. A neurological exam, that is, an evaluation by a specialist in
surgical procedure related to the eye.                                       central nervous systems disturbances.


                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                     (CITE 21 N.J.R. 2765)
                                  You're viewing an archived copy from the New Jersey State Library.

HUMAN SERVICES                                                                                                                      PROPOSALS

   xi. Evaluation by other medical specialists, that is, all other evalu-      6. Provision of prosthetics and aids (see (c)3 above);
ations by a specialist not listed separately in this series:                   7. Other vision related medical services (see (c)4 above);
   xii. A speech/hearing evaluation, that is, an evaluation by a speech        8. Other restoration related services (vision or non-vision) (see (c)5
pathologist including an audiogram designed to detect impairment            above);
in speech and hearing;                                                         9. Provision of training or equipment:
   xiii. A surgical evaluation, that is, an examination or pre-operative       i. Vocational aids, that is, materials and/or adaptive devices which
consultation by the practitioner who will be performing the surgery;        are designed to help a blind or visually impaired person accommo-
   xiv. A respiratory exam, that is, an evaluation by a pulmonary           date to vision loss when performing job related tasks, for example,
lung specialist.                                                            reading a computer monitor;
   xv. A dermatological exam, that is, an evaluation by a skin special-         10. Tuition payment:
ist;                                                                           i. College or university;
   xvi, An oncological exam, that is, an evaluation by a cancer                ii. Vocational training, that is, payment for specific job related
specialist;                                                                 instruction which is provided by an agency, school or individual;
   xvii, A genito-urinary exam, that is, an examination performed by           iii. Adjustment training, that is, payment for pre-vocational type
a urologist or gynecologist; and                                            activities which promote an awareness of and healthy adjustment to
   xviii. An otorhinolaryngological exam, that is, evaluation by an         the work environment and which provides clients with direct ex-
ear, nose and throat specialist.                                            periences of various types of work; and
   2. Psychological diagnostics:                                                iv. On-the-job training subsidies, that is, payment to an employer
   i. Psychometric testing, that is, an assessment of a person's voca-      to support vocational training provided to a client by the employer;
tional skills, career preferences and performance.                               I I. Job readiness training:
   3. Skills assessment:                                                        i. Career awareness training, that is, provision of pre-employment
   i. A vocational/pre-vocational evaluation, that is, an assessment        counseling and guidance related to occupational choices and career
whose outcome is a written report which delineates strengths, weak-         decisions;
nesses and needs relative to a client's ability to perform tasks as-            ii. Job clubs, that is, counseling and guidance provided on a group
sociated with a particular job or to carry out job seeking activities;      basis to help clients learn the basic tools for obtaining employment
   ii. A career awareness evaluation, that is, an assessment whose          and to offer peer support during the job-hunting process; and
outcome is a written report which delineates an individual's level of          iii. Job seeking skills, that is, counseling and guidance relating to
knowledge relative to current employment trends, level of ability to        resume preparations, dress and personal appearance, filling out appli-
make informed career choices, and level of ability to make informed         cations and writing letters, applying for a job or responding to a job
choices relative to the need for post-secondary education and/or the        ad, interview techniques and taking employment tests;
appropriate post-secondary course of study;                                     12. Room and board payments:
   iii. A self-employment evaluation, that is, an assesssment whose             i. For restoration services including hospitalization, that is ex-
outcome is both a written report which delineates an individual's           penses incurred for restoration services a client receives while away
potential for self-employment as well as the probability of whether         from home;
the individual's self-employment goal will succeed; and                         ii, For placement, that is, expenses incurred by a client in conjunc-
   iv. A home products evaluation, that is, an assessment whose             tion with job interviews or employment up to the receipt of client's
outcome is a written report which delineates a homebound individ-           initial pay check; and
ual's potential for self-employment.                                            iii. For all other training, that is, any room and board cost not
   4. Vision related restorative treatment (see (c)1 above);                listed in this paragraph.
    5. Non-vision related restorative treatment:                                 13. Training related to services to families:
    i. Speech/hearing therapist services, that is, provision of training        i. Child care expenses incurred so that client may receive services.
necessary to enable persons with speech/hearing impairments to de-               14. Job placement:
velop useful communication skills;                                              i. Occupational exploration, that is, the process by which jobs are
    ii. Physical therapist services, that is, provision of treatment        analyzed and, if needed, modified, and the client, employers, and
 necessary to overcome disabilities which interfere with activities of      supervisors are consulted, advised, and trained;
daily living/physical limitations of movement and bodily functions.             ii. Business Enterprise Program consultation, that is, the provision
Treatment can include the application of a range of therapeutic              of assistance to either a vending stand operator on issues related to
modalities such as exercise, gait training, massage, heat, water, light      managing a vending stand or a person who has recently started his
and electricity;                                                             or her own business; and
   iii. Dental services, that is, provision of routine dental health care       iii. Placement tools or equipment, that is, payment for licenses,
including cleaning, tooth extraction, filling of cavities, and replace-      tools or equipment necessary to accomplish job functions, advertis-
 ment with artificial materials;                                             ing, initial business insurance premium, initial stock and other start
    iv, Occupational therapist services, that is, provision of treatment     up expenses;
directed toward an individual's participation in selected tasks de-              15. Other services:
 signed to restore, reinforce, and enhance performance; facilitate              i. Reader service (see (b)7i above);
 learning of those skills and functions essential for adaptation and            ii. Services of an interpreter for the deaf, that is, payment to a
 productivity or which diminish or correct pathology, and to promote         person who acts as a translator for someone who communicates using
 and maintain health. Its fundamental concern is the development and         a sign language such as AMSLAN; and
 maintenance of the capacity through the life span to perform those              iii. Interpreter service, that is, payment to a person who acts as
 tasks and roles essential to productive living;                             a translator for someone who communicates in a language other than
    v, Gastro-intestinal specialist services (see (d)liii above);            English.
    vi. Cardio-vascular specialist services (see (d)liv above):                  (e) The Vending Facility Program is a VR service program which
    vii. Orthopedist services (see (d)l ix above);                           evaluates, trains and places a person who is legally blind into employ-
    viii. Neurologist services (see (d)l x above);                           ment as an operator of a vending facility. The Commission is em-
    ix. Chiropractor services (see (d)lvi above);                            powered by the Federal Randolph-Sheppard Act, as amended, as the
    x. E.N.T. specialist services (see (d)lxviii above);                     sole State licensing agency to certify and license blind individuals to
    xi. An assistant surgeon involved with on-vision related surgery;        operate vending facilities on Federal and non-Federal property in the
     xii. An anesthesioloigst involved in non-vision related surgery;        State (see NJ.A.C. 10:97).
    xiii, Diabetologist services (see (c)2 above); and                           (f) The Small Business Enterprise Program evaluates VR clients
    xiv. Services of other specialists, that is, all other services other    to determine their suitability to own and operate an independent
 than evaluation provided by specialists not listed separately in this       business enterpise that is not part of the vending facility program.
 series;                                                                     (see NJ.A.C. 10:95).
(CITE 21 N.J.R, 2766)                 NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                             You're viewing an archived copy from the New Jersey State Library.
I
IPROPOSALS                                          Interested Persons see Inside Front Cover                              HUMAN SERVICES

I   (g~ The Home~oundwho have a goalEnterpri~e Program providesa
~ervlces  to VR chents
                       Small Business
                                      of owning and operating
                                                                            services to be provided to a client. The primary caseworker shall
                                                                            function as the Commission's main representative to an individual
home-based business (see N.J.A.C. 10:95).                                   client.
I (h) The Home Products Program evaluates the work potential of                (c) When requested by the primary caseworker, an ancillary
rVR ~lients in t~e h?me a.nd provides business consultation and other       caseworker with specialization in an area other than that of the
,services to tram chents in the production of products in the home.         primary caseworker, shall be assigned to provide Commission ser-
IThese products are sold to the public at various sites throughout the      vices.
'State (see N.J.A.C. 10:96 and 10:95).
    (i) Client Assistance Fund provisons are as follows:                     10:91-5.4 Service plan development
    1. The Client Assistance Fund shall be available to assist eligible         (a) Th~ client and primary caseworker shall discuss and agree to
 clients of the Commission in meeting certain financial emergencies.         an organized plan of services which addresses the client's needs. This
 These emergencies may include the following:                                servic~ plan is developed for all clients once a client, parent or
    i. A client's specific, documented needs have not been met because       guardian has signed an applicant survey form or sent a Jetter request-
 money budgeted for the client by one or more Commission programs            ing services and IS called the Individual Client Service Plan (ISP).
 has not been provided for in a timely fashion;                              Vocational rehabilitation (VR) clients have an additional plan called
    ii. A client faces deprivation of a vital aspect of his or her life,     the Individualized Written Rehabilitation Plan (WRP) which is de-
 for example, health care, shelter or social needs; and                      veloped once eligibility for VR services has been determined (see
    iii. A client needs the funds to help overcome another immediate         N.J.A.C. 10:91-2.3 and 2.7). The primary caseworker is responsible
 crisis or short-term hardship.                                              for completing all service plan documents. Both the client and
    2. A client shall request money from the Client Assistance Fund          caseworker shall sign the ISP and IWRP.
 only when the client's family has no readily available money, the              (b) The ISP shall be completed at a face-to-face meeting with the
 client can not obtain funds from any other public or private sources        c~ient as soon ~s possible after the client, parent or guardian has
 and there are no other financial resources available to the client·         Signed the applicant survey. The ISP indicates:
    3. The Client Assistance Fund shall not impose a ceiling on the             I. Th~ type of exams needed to determine the client's eligibility
 amount made available to a qualifying client. No limitation shall be        for services;
 placed on the number of requests for funds that a qualifying client            2. The type of services to be provided;
 may make; and                                                                  3. Time frames for service provision;
    4. Types of allocations (loans or grants) are as follows:                   4. The type of Commission specialist to whom the client will be
    i. Monies from the Client Assistance Fund shall be provided to           referred; and
 eligible clients on a loan basis. Exact payment terms and any other            5. The client's comments, if any.
 relevant terms shall be stipulated to the client orally and in writing         (c) The development and use of the IWRP is mandated by the
 before the funds are issued. The client shall sign a standard promiss-      Rehabilitation Act of 1973, as amended in 1986. (P.L. 99-506, Section
                                                                             102(b) as amended). The IWRP contains:
 ory note which specifies the terms of the loan agreement. Examples
 of repayment terms are: the client agrees to repay the Client As-              I. The long range vocational goal which the services are expected
                                                                             to achieve;
 sistance Fund as soon as he or she receives a social security check
 to replace the one that was lost; or the client's regular income is           2. The intermediate rehabilitation objectives related to the attain-
 sufficient to allow repayment to the client assistance fund without         ment of the goal;
 hardship at a minimum rate of $25.00 monthly; and                             3. The VR services to be provided with time frames for their
    ii. Client assistance funds not allocated specifically as loans shall    provision;
 be disbursed as grants. Repayment of grants shall not be required.            4. The evaluation criteria and time schedule for determining
                                                                            whether the goals and objectives are being met;
SUBCHAPTER 5.          CASE MANAGEMENT PRACTICES                               5. A provision for an initial assessment of the need for post-
                                                                            employment services; and
10:91-5.1 Referral procedures                                                  6. Prior to case closure, a further reassessment.
    (a) Clients will be telephoned within 10 working days from the             (d) The IWRP is intended to insure that the client and primary
date of initial contact with the Commission. The supervisor will            caseworker shall have discussed and agreed to an organized plan of
assign the applicant to a primary caseworker at this time.                  services addressing all of the client's vocationally relevant rehabili-
   (b) All emergency calls shall be responded to immediately.               tation needs as documented in the certificate of eligibility.
    (c) Referrals may be made by use of the toll-free 800 number               (e) The IWRP shall further insure the establishment of planned
available to callers throughout the State (see N.J .A.C. 10:91-4.I(a)       time frames within which the services are to be provided.
I).                                                                            (f) The IWRP shall also insure that the progress toward achieve-
10:91-5.2 Intake procedures                                                 m.ent of stated objectives will be regularly evaluated, and that the
  (a) The purposes of the intake interview shall be to gain an initial      client, parent or guardian where appropriate shall have been fully
assessment of the applicant's total needs, to familiarize the applicant     informed of the rights and responsibilities that accompany accep-
with Commission services and ways of helping, to respond to the             tance into the VR program.
applicant's most immediate or emergency needs, and to determine                (g) The ISP and/or IWRP shall be reviewed with the client in a
whether eligibility should be pursued, and, if so, to initiate together     face-to-face meeting on an annual basis. A new ISP or IWRP shalf
with the applicant, the development of a comprehensive service plan.        be drawn up at the annual meeting between the primary caseworker
  (b) The applicant survey is a device for gathering significant back-      and the client. The ISP or IWRP for the past year shall be annotated
ground information about the applicant during the initial interview.        to reflect which objectives have or have not been accomplished.
The survey is used by the Commission in identifying the needs of            Revision of the ISP or IWRP may be necessary due to change in
the applicant, making an overall assessment of the situation and            c!ient:s goals or objectives, change in a client's condition and/or
developing a service plan. The survey is completed during the intake        situation, progress, achievement of objectives, newly identified prob-
interview by the caseworker. After completion, the caseworker and           lems or needs, or unobtainable objectives. For VR clients, an amend-
the applicant, or his or her parent or guardian, shall sign the survey.     ment to the IWRP shall be written. At case closure, the current ISP
The completed survey becomes a part of the applicant case record.           or IWRP shall be annotated to reflect which objectives were or were
                                                                            not achieved.
10:91-5.3 Case assigrnent and transfers
  (a) Case assignments and transfers shall be made by a service             10:91-5.5 Purchase of services; emergency and immediate need
supervisor or, if necessary, by the office manager.                                   situations
  (b) Case assignments shall be made to the primary caseworker                (a) Payment for purchase of services for clients may be made by
whose area of expertise would involve 50 percent or more of the             the Commission when requested, approved and allocated from th


                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                    (CITE 21 N,J.R. 2767
                                   You're viewing an archived copy from the New Jersey State Library.

HUMAN SERVICES                                                                                                                         PROPOSALS

Commission funds. Primary and ancillary caseworkers may initiate             rehabilitation program, or for purposes which would significantly
requests for payment.                                                        improve the quality of life for clients and only if the organization,
  (b) Approved purchase of services through a rapid payments sys-            agency, or individual assures that:
tem shall be made by the Commission on behalf of a client to respond            I. The information will be used only for the purposes for which
to an emergency or to purchase those client related services or com-         it is being provided;
modities which cannot be purchased through normal procedures                    2. The information will be released only to persons officially con-
because of the presence of an immediate need.                                nected with the audit, evaluation or research;
  (c) In emergency situations, an approved rapid payment shall be               3. The information will not be released to the involved individual;
made within 48 hours of the original request.                                   4. The information will be managed in a manner to safeguard
  (d) In immediate need situations, the rapid payment shall be made          confidentialty; and
within two weeks of the initial request.                                        5. The final product will not reveal any personal identifying infor-
  (e) Only the following service categories shall be permitted rapid         mation without the informed written consent of the involved individ-
payments:                                                                    ual, or his or her representative.
   I. Transportation services;                                                  (d) A Commission client may inspect and/or copy his or her own
  2. Maintenance services;                                                   records. A client shall have access to all records relating to his or
   3. Prosthetics and aids;                                                  her eligibility for or receipt of assistance.
  4. Training materials or equipment; and                                       (e) To request access to records, a client or the client's parent,
   5. Placement tools or equipment.                                          guardian or attorney shall submit a written request for permission
  (f) Client financial participation toward the expense of Com-              to the regional or Statewide manager of the Commission. An attorney
mission services to be utilized shall be based on the level of responsi-     making the request shall also submit a written stipulation that he
bility set forth in detail in the financial need standard and survey         or she represents the Commission client and a release form, signed
(see N.J.A.C. 10:91-3.1).                                                     by the client, authorizing the disclosure of records to the attorney.
  (g) Authorized time limits shall be in writing and an authorization           (f) Access to client information shall be denied when the
shall not exceed three months, unless written approval is obtained           prescribed procedures are not followed. The client shall be notified
from the Chief of Field Operations.                                          of the denial verbally and in writing by the regional or Statewide
                                                                             manager. The written notification shall set forth the reasons for the
10:91-5.6 Referral to provider agencies
                                                                             denial. A copy of the denial shall be placed in the client's case record.
  (a) The function of the Commission's program development and
contracting unit shall be to develop community based programs with              (g) The regional or Statewide manager for the Commission shall
provider agencies to meet the special needs of Commission clients            forward a request for client access to his or her case records to the
and develop grants to obtain additional funds for specialized pro-           supervisor responsible for the client's case records. The supervisor
gram development. The program development and contracting unit               shall contact the client, the client's parent or guardian or the client's
shall administer the purchase of service contracts on a Statewide and        attorney to schedule the date and time for review of the client's case
regional basis.                                                              records. Reader services shall be provided by the supervisor if the
   (b) Clients shall be referred to provider agencies for the purpose        client requires them in order to review his or her case record. Clients
of achieving specific objectives or goals that the primary caseworker        or their representatives shall be charged the following fees, pursuant
and the client have agreed are best achieved through the assistance          to NJ.S.A. 47:IA-1 et seq., for photocopying materials from the
of a provider agency. In making the referral, the primary caseworker         client's case records:
shall indicate those services the provider agency is to provide. The                              1-10 pages            $.50 per page
client's ISP and IWRP shall contain a statement which specifies the                               11-20 pages           $.25 per page
fact that a particular provider agency will provide certain services                              21 pages or more $.10 per page
so that the client might accomplish a specific objective or goal.            10:9I-5.8 Time limitation standards
Provided the client has signed a release to do so, information concern-         (a) All education and allied services applicants who have not had
ing a client's disabilities shall be provided the provider agency, as        an eye examination within the year prior to the date of the application
needed.                                                                      survey will need to schedule and undertake to have an eye examin-
   (c) On at least a quarterly basis the caseworker shall annotate the       ation within 45 calendar days of the date of the applicant survey.
client's case record to reflect the outcome of the referral to the              (b) The following time limitation standards may be exceeded
provider agency and/or the current status of the client's relationship       provided the caseworker justifies in writing the need for an extension
with the provider agency. Additionally, the caseworker shall report          of the times specified:
in the client's case record any significant facts relative to the provider      I. Within 30 calendar days from the date of referral, an individual
agency's service delivery to the client.                                     shall be placed in applicant status or his or her case shall be closed
   (d) All provider agencies shall submit a monthly report to the            (see NJ.A.C. 10:91-2.8 and 2.9);
Commission, the contents of which shall be specified by contract.               2. Within 60 calendar days of a client being placed in applicant
10:91-5.7 Release of information and access to records                       status for education and allied services, the cJient shall have eligibility
   (a) No client information may be released unless Commission               determined, or have an individual service plan in effect, or the client's
clients or their parents or guardians have consented in writing to such      case shall be closed (see N.J.A.C. 10:91-2.8);
release or by order of a court of competent jurisdiction. This prohibi-         3. Within 120 calendar days of a client being placed in applicant
tion applies to release of the following:                                    status for vocational rehabilitation services, the client is placed in
                                                                             extended evaluation status, or VR eligibility shall be determined, or
   I. Records from the Commission to outside agencies or practi-
                                                                             the cJient's case shall be closed (see N.J.A.C. 10:91-2.9);
tioners:
   2. Records from the Commission for other legitimate purposes;                4. VR clients in service plan development shall become involved
                                                                             in a diagnostic program within 90 calendar days of agreement to a
and/or
   3. Records from outside agencies or practitioners to the Com-             service plan between client and primary caseworker. Within 30 calen-
                                                                             dar days of the completion of the diagnostic program, the Individ-
mission.
                                                                             ualized Written Rehabilitation Plan (IWRP) shall be written and
   (b) A client and/or parent or guardian may authorize the release
of confidential information and medical records to or from the Com-          signed by the client. parent or guardian.
mission by signing a consent to release information form. This form             5. The VR services contained in the IWRP shall be implemented
shall specify the sending and receiving party, the purpose for which         within 90 calendar days of the client's approval of this plan or the
the release is required, and the date of the release.                        case shall be closed if implementation is impracticable (see N.1.A.C.
                                                                             10:91-2.9); and
   (c) Personal information may be released to an organization, agen-
cy, or individual engaged in audit, evaluation, or research only for            6. If a VR client is to receive homemaker training, the training
purposes directly connected with the administration of a vocational          shall commence within 90 calendar days of client's written approval

(CITE 21 N.J.R. 2768)                 NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                             You're viewing an archived copy from the New Jersey State Library.

PROPOSALS                                          Interested Persons see Inside Front COfer                              HUMAN SERVICES

of this vocational plan and shall be completed within nine months          or problems with the Commission's Client Service Representative
of the start of training.                                                  (see NJ .A.C. 10:91-1.10). Clients requesting an administrative appeal
                                                                           of their case may also do this through the Client Service Representa-
10:91-5.9 Communicable diseases of Commission clients                      tive (see N.J.A.C. 10:91-6.2).
  (a) Upon learning of a client's communicable disease, a supervisor
shall arrange for alternative services to a client where appropriate:       10:91-6.2 Administrative appeals
  I. The supervisor shall develop a plan for an alternative service           (a) A client (claimant) or his or her parent or guardian shall have
arrangement for the client during the pendency of the illness; and          the right to request an administrative appeal after all informal means
  2. The caseworker shall notify the client or his or her guardian         of dispute resolution have been unsuccessful. The claimant may ob-
in writing of established alternative service arrangements and the         tain an Administrative Appeal Request form from the caseworker
reasons for such action. The caseworker shall be responsible for the       or by telephone from the Client Service Representative,
implementation of the alternative service plan.                             1-800-962-1233 (see NJ.A.C. 10:91-1.10). Upon request, a claimant
  (b) The Commission shall in all respects comply with statutory and       will be provided assistance in completing the form which will be
regulatory requirements concerning reporting of communicable dis-          forwarded, with relevant attachments, to the Executive Director of
eases (see N.J.A.C. 8:57-1).                                               the Commission for the Blind and Visually Impaired. The claimant
                                                                           shall note on the form which type of appeal investigation is requested:
10:91-5.10 Reporting institutional abuse of elderly persons                    I. An administrative appeal investigation of the papers in the
  Reporting of institutional abuse of elderly persons shall be under-      client's case file (a review of the papers); or
taken pursuant to N.J.S.A. 52:27G-1 et seq. and N.JA.C. 5:100.                2. An administrative appeal investigation proceeding at which all
10:91-5.11 Reporting suspected child abuse or neglect                      relevant parties appear in person (an in-person review).
  Reporting of suspected child abuse or neglect shall be undertaken           (b) Upon receipt of a request for an administrative appeal, the
pursuant to N.J.S.A. 9:60-8.8 et seq. and N.J.A.C. 10:129.                 Executive Director shall assign a supervisory employee to conduct
                                                                           the appeal investigation and arrange to forward to that employee the
 10:91-5.12 Critical incidents involving clients                           client's case record. Neither the appeal investigator assigned this task
   (a) A critical incident means the occurrence of serious accidental      nor his or her immediate supervisor shall have had any direct part
injuries to clients or suspected offenses involving injury to clients or   in the dispute under appeal. Additionally, if the administrative appeal
 their property which shaH require the writing of an incident report.      has been initiated by a VR services client, the assigned investigator
Incidents which need not be reported shall be those requiring only         shall have VR experience and knowledge.
 minor first aid treatment and which do not involve professional              (c) The appeal investigator conducting the administrative appeal
 medical treatment, loss of consciousness or restriction of activity or    investigation shall complete it within 30 working days of the time
 motion.                                                                   the client's case record shall have been received by him or her. This
   (b) Incidents shall be verbally reported immediately to the Com-        time limitation applies to both types of administrative appeal in-
 mission's Chief of Field Operations and Supervisor of Quality As-         vestigation.
surance. This initial verbal notification shall be the responsibility of      (d) When the claimant requests an appeal investigation of the
 the Commission staff person who first learns of the occurrence of         papers, the appeal investigator shall conduct an interview with the
a critical incident, or his or her supervisor or manager and shall         claimant, and as needed, other involved individuals. Notes of these
include:                                                                   interviews shall be typed and retained with the investigation records.
   I. The names and relationships of the persons involved;                    (e) When the claimant has requested an in-person administrative
   2. The time, date and location of the incident;                         appeal investigation, the appeal investigator shall communicate with
   3. A description of what occurred; and                                  him or her to schedule it at a mutually convenient day and time
   4. The steps taken or to be taken to deal with the situation.           between 9:00 A.M. and 5:00 P.M.. Monday through Friday. The
   (c) Within 24 hours of this initial verbal notification, a written      appeal investigation will be conducted at a regional or central office
report shall be forwarded to the Chief of Field Operations and             of the Commission. The appeal investigator will function as chair-
Supervisor of Quality Assurance containing the information listed in       person and arrange for minutes to be taken, typed and retained with
(b) above, and any other information related to the situation.             the investigation records. If the client is unable to arrange for his
   (d) Upon receipt of the initial verbal notification, the Com-           or her transportation in order to be present at the appeal investiga-
mission's Executive and Deputy Directors shall be informed of the          tion, the Commission will make arrangements to provide transpor-
incident. All serious incidents shall be reported immediately by the       tation.
Commission to the Commissioner of the Department of Human                     (I) The claimant at an in-person administrative appeal investiga-
Services and its Office of Public Information.                             tion will be permitted:
   (e) Within seven working days, the Supervisor of Quality As-               I. To represent him or herself or to be represented by an attorney
surance shall initiate a follow-up investigation of the incident:          or another individual;
   I. To determine any additional information not initially reported;         2. To present his or her reason(s) for the appeal;
and                                                                           3. To recount his or her understanding of the Commission's pos-
   2. To recommend any action or procedures to be taken to prevent         ition about the circumstances resulting in the appeal;
a recurrence.                                                                 4. To submit additional documents; however, such documents
   (I) The Commission's Executive Director or their designee shall         shall be provided to the appeal investigator at least two working days
supervise all follow-up activities, including presentation of rec-         prior to the date of the appeal investigation; and
ommendations, possible initiation of review by the Department of              5. To meet together with the appeal investigator and Commission
Human Services' Clinical Review Board, and implementation of all           staff member(s) involved in the appeal and to question them.
necessary actions.                                                            (g) A claimant who wishes to represent himself or herself shall be
   (g) Based on the follow-up investigation report, the Commission's       18 years of age or older.
Chief of Field Operations shall oversee implementation of short- and          (h) A claimant who wishes to be represented by counsel shall make
long-term corrective actions.                                              those arrangements independent of the appeal investigator, except
                                                                           that the appeal investigator will inform the claimant that a list of
SUBCHAPTER 6. CLIENT APPEAL RIGHTS                                         private attorneys is available from the bar association of the county
10:91-6.1 Recording of concerns by clients                                 where the client is domiciled. The claimant shall assume full responsi-
  Clients of the Commission for the Blind and Visually Impaired or         bility for any and all legal costs incurred. A client who cannot afford
their agents may record their concerns or problems regarding the           a private attorney will be referred to a local legal services office or
timeliness of delivery of services or the adequacy of service by con-      to the Department of the Public Advocate. Commission claimants
tacting their caseworker's supervisor or, in their absence, the office     who are also vocational rehabilitation services clients shall be referred
manager. The client also has the option of recording their concerns        to the Client Assistance Project (CAP) of the Department of the

                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                     (CITE 21 N.J.R. 2769)
                                   You're viewing an archived copy from the New Jersey State Library.

HUMAN SERVICES                                                                                                                     PROPOSALS

Public Advocate. Both the Department of the Public Advocate and             SUBCHAPTER 7.        MEDICAL POLICIES AND FEE
the CAP may be reached by telephone at 1-800-792-8600 or                                         SCHEDULES
1-609-292-9742.
   (i) For the purpose of this section and as needed, all cor-               10:91-7.1 Fee schedule
respondence with a client will be in a medium accessible to a client.          (a) In order to expedite authorizations for medical services, the
   (j) Withi~ 25 working days of completing an appeal investigation,        Commission will maintain a medical fee schedule. This schedule will
the ~ppeal mvestigator shall submit a written report of his or her          establish uniform and maximum authorization amounts for medical
findings and recommendations to the Executive Director.                     services. These services fall into one of the following categories:
                                                                               I. Examinations;
   (k) Within five working days of an appeal investigation report
being submitted to the Executive Director, the appeal investigator             2. Specialized eye procedures;
shall forward a registered letter to the allied or education client            3. X-Ray, clinical, and lab tests;
involved in the appeal, or their parent or guardian advising that:             4. Spectacles;
   I. The investigation has been completed;
                                                                               5. Contact lenses, prosthetics; and
   2. A report of the investigation has been submitted to the Com-             6. Hospital clinic speciality procedures.
mission's Executive Director; and                                              (b) As ~esc~be~ in ~a)l, 2, 3, and 6 above, and prior to certifying
   3. The Executive Director, upon reviewing the report of the in-          an authorization/invoice for payment of these services, the vendor
vestigation, will immediately inform by registered letter, the client,      shall provide to the client's caseworker a written report which details
parent or guardian whether the matter will be disposed of pursuant          the services rendered by the vendor, the vendor's findings and rec-
                                                                            omme~da~ions, if any, a~d/or a description of the impact or the
to (n) or (0) below.
   \1) Withi~ five working day.s of an appeal investigation report          potential Impact the servicefs) has or will have on the client.
being submitted to the Executive Director, the appeal investigator             (c) The maximum authorization amounts in the Commission's
shall forward a registered Jetter to the vocational rehabilitation client   medical fee schedule shall be established by the Commissions's Ad-
who filed an administrative appeal or their parent or guardian advis-       ministrative Medical Consultant. Prior to establishing a maximum
ing that:                                                                   amount, the Administrative Medical Consultant will do the follow-
    I. The investigation has been completed;
                                                                            ing:
                                                                               I. Review the current rate of payment for the service as established
   2. A report of the investigation containing a recommended de-
cision has been submitted to the Commission's Executive Director'           within the Blue Cross/Blue Shield 750 Series;
   3. The client, parent or guardian has the right to request an adrnin-       2. Review the current rate of payment for the service as established
is~rative hearing before an administrative law judge if they disagree
                                                                            by other public health programs, for example, Medicaid or Medicare;
WIth the recommended decision;                                              and
   4. A request for an administrative hearing will be in writing by            3. Consult with applicable providers to gain an understanding of
registered mail from the client, parent or guardian to the Executive        what the prevailing rate established by providers is.
Directo.r within 10 days of the client, parent or guardian receiving           (d) All established authorization amounts will be reviewed at least
the registered letter from the appeal investigator; and                     once every two years to determine if any adjustments are to be made
   5. ~he Executive Director will notify the client, parent or guardian     to. reflect inflation or other factors. Additionally, specific amounts
by registered letter, at the end of the 10 day comment period, whether      WIll be reviewed at any time pursuant to a request for review from
the matter will be disposed of pursuant to (n) or (0) below.                a p~ovider or a Commission staff person or a change in Commission
   (m) Based on the report submitted to the Executive Director by           policy and procedure which will impact the providers associated with
the ad~inistrative appeal investigator, and within 20 working days          a particular Commission service, for example, low vision services.
of receipt of the report, the Executive Director shall determine if the        (e) Changes to established maximum authorization amounts will
appeal is a contested versus a non-contested case (see N.J.A.C.             be reflected in a timely fashion on the Commission's medical fee
 10:91-1.12).                                                               schedule.
                                                                               (I) The maximum authorization amount for a medical service or
    (n) If the Executive Director determines that the administrative
appeal represents a contested case or a vocational rehabilitation client    a combination of services not listed on the Commission's medical
or their parent or guardian requests an administrative hearing, the         fee schedule will be established on a case-by-case basis by the Com-
 matter is immediately forwarded to the Office of Administrative Law        mission's Administrative Medical Consultant based on a written
 pursuant to the Administrative Procedures Act, N.J.S.A. 52:14B-1           request from a caseworker.
                                                                               (g) Exceptions to an established maximum authorization amount
et seq., N.J.S.A. 52:14F-1 et seq., and the Uniform Administrative
 Procedure Rules, N.J.A.C. 1:1. The Executive Director will advise          will be granted by the Commission's Administrative Medical Con-
 the client, parent or guardian of this action by registered letter.        sultant based on a written request from caseworker.
                                                                               (h) The Commission's medical fee schedule follows:
    (0) If the Executive Director determines that the administrative
 appeal represents a non-contested case, then the Executive Director        General examinations:
 shall issue a final decision and forward this decision by registered       General vision exam to determine classification
 letter to the client, parent or guardian. The letter shall also contain       including evaluation to determine need for field
 a statement that any further appeal of this decision shall be made            test                                                 $ 45.00
 to the Appellate Division of the Superior Court of New Jersey.             Follow-up treatment examination up to four each              25.00
                                                                            Exam under anesthesia                                       135.00
    (p) Following an administrative hearing of a contested case by an
                                                                            General medical includes $50.00 for medical
 administrative law judge (AU), the AU renders a recommended
                                                                               exam and report, $5.00 for urinalysis and $5.00
 decision that may be adopted, modified or rejected by the Executive
                                                                               for hemoglobin test                                       60.00
 Director, who by law is empowered to make a final decision in such
                                                                            In-hospital pre-operative medical examination or
 matter. However, if the Executive Director does not so act in 45 days
                                                                               consultation                                              60.00
 and unless such time limit is otherwise extended, this recommended
                                                                            In-hospital follow-up visits up to five each                  30.00
 decision shall become a final decision in accordance with N.J.S.A.
                                                                            Out of hospital pre-operative medical
 52:14B-10. The Executive Director shall advise the client, parent or
 gu~rdian of the final decision and the reason for the decision, by
                                                                               examination or consultation                               60.00
                                                                            Otological. including audiogram                              75.00
 registered Jetter.
                                                                            Audiogram only                                               25.00
                                                                            Hearing aid evaluation                                       45.00
                                                                            Tympanogram                                                   15.00
                                                                            Dental examination with full mouth X-rays                    45.00
                                                                            Neurological evaluation                                      65.00


(CITE 21 N.J.R. 2770)                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989
                                           You're viewing an archived copy from the New Jersey State Library.

PROPOSALS                                             Interested Persons see Inside Front Cover                            HUMAN SERVICES

Physical therapy per session, as approved by                                Repair:
  administrative medical consultant                           55.00            Conjunctivoplasty with free graft:
Psychiatric, psychological or other                                               Conjunctival graft                                375.00
  psychotherapeutic evaluation, three sessions,                                   Buccal mucosa membrane graft                      425.00
  each up to                                                  75.00         Suture laceration                                        50.00
Individual therapy, one hour                                  60.00         Glaucoma procedures:
Speech therapy, per session                                   55.00         Goniotomy                                               280.00
Vision related consultative specialty examinations:                         Peripheral iridectomy, laser or surgical                330.00
Corneal examination                                           60.00         Filter operation of any kind                            400.00
Glaucoma examination and report                               60.00         Iridotomy by stab incision for iris bombe               200.00
Hereditary evaluation                                         60.00         Cyclo diathermy                                         230.00
Low vision exam for clients whose most recent                               Cyclo dialysis                                          370.00
  eye report is one year old or less                         100.00         Cyclo cyro therapy                                      240.00
Low vision exam for clients whose most recent                               Argon laser or surgical trabeculectomy                  400.00
  eye report is over one year old                            125.00         Cornea:
Up to three low vision exam follow-up visits                                Keratotomy:
  which occur within four months of the date of                                Removal of foreign body from surface                  25.00
  the initial low vision exam, each                           25.00            Embedded in Cornea                                    35.00
Low vision exam follow-up visit to fit fresnel                              Keratectomy                                             240.00
  prisms                                                      22.00         Keratoplasty (corneal transplant)                       710.00
Motility examination                                          60.00         Radial keratotomy (as approved by
Neuro-ophthalmoJogical examination                           130.00            Administrative Medical Consultant)                   635.00
Neuro-ophthalrnological follow-up exam, up to                               Epikeratophakia                                         635.00
  three allowed                                               30.00 each    Removal of foreign body anterior chamber                370.00
In-hospital consultations, first consultation with                          Delimiting keratotomy                                    95.00
  detailed report                                            130.00         Cauterization or cryotherapy of lesion of cornea         50.00
   Each succeeding day                                        30.00         Crystalline lens:
Oculo-plastic examination                                     60.00         Cataract extraction by phaco                            615.00
Ocular trauma examination                                     60.00         Cataract extraction with intraocular lens
Orthoptic evaluation                                          40.00            insertion                                            915.00
Orthoptic follow-up exam                                      25.00 each    Cost ofintraocular lens                                 370.00tt
Orthoptic therapy, each session                               20.00         Secondary lens implant                                  615.00
Out of hospital pre-operative ophthalmic                                    Discission of lens, surgical                            215.00
  examination or consult                                      45.00         Y AG laser posterior capsulotomy                        475.00
Pediatric ophthalmological examination                        60.00         Removal of intraocular lens                             615.00
Pleoptic evaluation                                           40.00         Eyeball:
Pleoptic therapy, each session                                20.00         Excision:
Retinal examination                                           60.00            Enucleation or evisceration                          330.00
Uveitis, tumor evaluation                                     60.00            With non movable implant                             330.00
Uveitis evaluation follow-up                                  25.00            With movable implant                                 375.00
Specialized eye procedures:                                                 Suture for wound or injury:
Eyelids:                                                                       Non-perforating                                      140.00
Excision of cyst                                              55.00            Perforating                                          470.00
Chalazion (multiple $150.00)                                  80.00         Retina and vitreous:
Lesion (tumor)                                               135.00         Scleral buckling                                        845.00
Plastic repair of lid laceration:                                           Sealing of retinal tear by argon laser coagula tion     630.00
  Without graft                                              185.00         Focal/Argon or krypton photo-coagulation for
  With Graft                                                 370.00            Rx of diabetic retinopathy unilateral:
Surgical correction of entropion or ectropion                345.00            Unilateral, initial treatment                        290.00
Ptosis surgical repair                                      LC.t               Up to three additional treatments (each)             190.00
Extensive plastic repair of lids and orbits                 LC.t            Pan retinal photo-coagulation for vein occlusion,
Incision and drainage of abscess                              55.00            initial treatment                                    290.00
Canthotomy                                                   160.00            One additional treatment                             190.00
Excision of xanthoma:                                                       Pan retinal photo-coagulation for diabetic
  Unilateral                                                 160.00            retinopathy initial treatment                        290.00
  Bilateral                                                  320.00             Up to two additional treatments (each)              190.00
Tarsorrhaphy                                                 160.00         Vitrectomy pars plana approach with or without
Canthorrhaphy                                                160.00            lensectomy                                          1,035.00
Punctual occlusion, other eye                                160.00         Cryoablation of retina (blind eye)                       240.00
Conjunctiva;                                                                Gas fluid exchange                                       250.00
Incision and removal of foreign body:                                       Endophotocoagula tion                                    250.00
  Surface                                                     25.00         Orbit:
  Imbedded                                                    30.00         Plastic repair of orbit:
Excision-lesion of conjunctiva:                                                 Fracture of floor                                   655.00
  Biopsy                                                      35.00            Orbitotomy                                           375.00
  Excision of cyst or nevus                                   80.00             Removal of intra-orbital foreign body               425.00
     Excision of pterygium                                   180.00         Orbitotomy (kroenlein) as in exophthalmos               610.00




                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                     (CITE 21 N.J.R. 2771)
                                  You're viewing an archived copy from the New Jersey State Library.
HUMAN SERVICES                                                                                                                 PROPOSALS

Ocular Muscles:                                                           Spectacles prescribed as a result of a low vision evaluation:
Strabismus Surgery:                                                       For the first or only pair made, the Commission
   One Muscle                                            425.00           will pay invoice costs for lenses and frames in-
   Two Muscles, one or both eyes                         470.00           cluding a $25.00 dispensing fee. A copy of the
   Three or more muscles, one or both eyes               525.00           actual invoice shall be submitted for lenses and
Lacrimal procedures:                                                      frames.
Dacryocystorhinostomy                                    425.00           For each additional pair provided at the same
Dacryocystectomy                                         375.00           time as the initial pair, the Commission will pay
Incision and drainage of lacrimal sac or lacrimal                         invoice costs and a $12.50 dispensing fee. A copy
   gland abscess                                          80.00           of the actual invoice shall be submitted for lenses
Plastic repair of torn canaliculi                        265.00           and frames.
Probing of naso-Iacrimal duct                             30.00           Spectacle mounted bioptics or clip-on low vision aids or custom made
Subsequent (Max 4)                                        20.00           spectacles:
X-ray:                                                                    The Commission will pay invoice costs for lenses
Skull-less than four views with or without stereo         25.00           and frames and a $50.00 dispensing fee. A copy
Skull-complete, four views                                45.00           of the actual invoice shall be submitted for lenses
Chest-single view                                         45.00           and frames.
Chest two views or stereo                                 30.00           Hard contact lenses:
Interpretation of chest-two views or stereo               15.00           Single lens                                               135.00
Chest-three views                                         40.00           Two lens                                                  225.00
Chest-four views                                          45.00           Replacement lens                                            45.00
GI series-upper gastrointestinal tract                    95.00           Hard pin hold contact lens (Aniridia)                     335.00
CAT computerized tomography                              200.00                                                                    up to 390.00
Interpretation of CAT Scan                                45.00           Soft contact lenses (shall be initially approved by Administrative
Special clinical tests:                                                   Medical Consultant):
ECG, EKG, Electrocardiogram                                25.00          Single lens                                               180.00
ECG, EKG interpretation                                    15.00          Two lens                                                  270.00
ERG electro retinogram                                     55.00          Replacement lens (each)                                     67.00
VER electro encephalogram                                  55.00          Perma lens                                                200.00
Cardiovascular stress test                                 85.00          Perma lens (pair)                                         225.00
Electroencephalogram                                       55.00          Replacement perma lens (each)                               73.00
Microscopic pathological evaluation of cataract                           Gas permeable lens                                        200.00
   after extraction                                         5.00          Gas permeable lens (pair)                                 300.00
LABORATORY TESTS:                                                         Replacement gas permeable lens (each)                       85.00
Bun, Urea                                                   7.00          Bandage lens also called therapeutic lens                 200.00
CBC (complete blood count)                                  7.00          Ocular prosthesis:
Createnine                                                  7.00          Custom fitted, hand painted, plastic ocular
 Blood sugar                                                7.00             prosthesis                                             335.00
 Hemoglobin                                                 6.00          Custom fitted, hand painted, plastic scleral shell
Serology                                                    7.00             type ocular prosthesis                                 390.00
 Urine                                                      6.00          Orbital impression                                         110.00
SMA 12                                                     60.00          Custom fitted temporary ocular prosthesis                   55.00
 Prothrombin (bleeding time)                                6.00          Narcissus lens                                            390.00
 PTT (partial thromboplastin time)                          7.00          Non-spectacle low vision aids:
 Pre-operative pre-admission testing, including                           The Commission will pay the price as listed in one
    chest x-ray, EKG, SMA 12 and urinalysis               130.00          of the following catalogs:
 Price list for spectacles:                                                  I. House of vision;
 Spectacles complete with frames prescribed as a                             2. Lighthouse:
    result of a general vision examination, no                               3. American Optical Company; or
    dispensing fee:                                                          4. Designs for Vision.
 Single vision-distance or reading, spherical,                            A copy of the page of the applicable catalog which stipulates the cost
    hyperopia (+) or myopia (-)                            60.00          of the low vision aid shall be submitted by the low vision director.
 Single vision-distance or reading, sphero-                               If an aid or device appears in a catalog distinct from those listed
    cylindrical, astigmatism in addition to                               above, the Commission's payment shall be set by its low vision
    hyperopia or myopia                                    70.00          consultant.
 Spherical bifocals, corrects both distance and                           Hospital clinic and office specialty procedures:
    reading                                                80.00          Beta radiation therapy following excision of
 If bifocal "add" greater than + 3.00                      95.00             pterygium (up to three treatments)                       50.00
 Sphero-cylindrical bifocals (same as spherical                           Bronson ultrasound B scan (introcular foreign
    bifocals, except also corrects for astigmatism)        85.00             body)                                                    95.00
 If bifocal "add" greater than + 3.00                     100.00          Color perimetry                                             90.00
 Singlevision spherical cataract glass                     95.00          Color fundus photos                                         45.00
 Single vision sphero-cylindrical cataract glass          100.00          Corneal transplant tissue                                 235.00
 Bifocal-spherical cataract glass                         140.00           Dark adapt gross rod                                     130.00
 Bifocal-sphero-cylindrical cataract glass                150.00           Dark adapt rod and cone plateau                          160.00
 Welsh 4 Drop or OSI cataract glass                       180.00          Electroculography                                          100.00
 Corning CPF UV lens                                      205.00          Electro retinography                                       100.00
 (Commission low vision consultants suggest that                           Endothelial cell count                                    100.00
 the examining doctor consider prescribing less                            Fluorescein angiogram with intepretation and
 expensive alternatives to these Corning lenses,                             written report                                          100.00
 that is, Younger PLS 530, 540 and 550)                                    Fresnell prism monocular                                   20.00
                                                                           Fresnell prism binocular                                   30.00
(CITE 21 N.J.R. 2772)                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                               You're viewing an archived copy from the New Jersey State Library.

 'ROPOSALS                                          Interested Persons see Inside Front Cover                                HUMAN SERVICES

 resnell prism adaption                                      15.00                                             (a)
lonioscopy                                                   15.00
loldman lens vitreous exam                                   15.00          DIVISION OF MEDICAL ASSISTANCE AND HEALTH
less screen exam                                             60.00            SERVICES
 achymetry                                                  100.00
erimetry (visual field)                                      25.00          Notice of Pre-Proposal
'erimetry (threshold)                                        75.00          Pre-Admission Screening and Annual Residential
'erimetry (octopus)                                         100.00            Review for Medicaid Patients Seeking Admission
accadic velocity evaluation                                 105.00            to, or Residing in, Long Term Care Facilities
ervices provided by an ambulatory surgical
                                                                            Authorized By: Drew Altman, Commissioner, Department of
  center                                                    700.00
                                                             60.00              Human Services.
lurgery set up (minor surgery)
"onography                                                   35.00          Pre-Proposal Number: PPR 1989-6.
 Jltrasonography A (axial length measure                                       Take notice that, pursuant to Section 1919(e)of the Social Security Act,
  monocular)                                                105.00          Medicaid patients who seek admission to long term care facilities
Jltrasonography A (axial length measure                                     (LTCFs) are required to undergo pre-admission screening, commencing
  binocular                                                  180.00         January I, 1989. This mandatory screening supersedes the Department's
Jltrasonography B (scan for vitreal and retinal                             rules at N.J.A.C. 1O:63-1.16(i)lii, which states that no prior authorization
                                                                            is needed for admission to an LTCF for an eligible Medicaid recipient
  pathology)                                                100.00          from a general hospital, class "A" special hospital and a New Jersey Title
Jse for laser and room (only in hospital)                   200.00          XIX certified psychiatric hospital.
visual evoked response evaluation                           [ [5.00            Pursuant to his authority under NJ.S.A. 30:4D-7, as required under
.vater bath ultrasound-monocular                            170.00          the Federal Act, Drew Altman, Commissioner of the Department of
nndividual consideration by the Commission's administrative medi-           Human Services, instituted pre-admission screening of Medicaid patients
;al consultant.                                                             for admission to LTCFs on January I, 1989. The following describes the
rtTo be allowed as a separate payment when outpatient surgery is            pre-screening program now in operation:
                                                                               Medicaid patients being admitted to long term care facilities (LTCFs)
oerformed in a freestanding outpatient facility or when surgery is
                                                                            must be screened prior to admission. The patient may be living in the
performed on a "same day surgery" basis at a hospital. However,
                                                                            community, or may be hospitalized in an acute care general hospital. The
when surgery is performed on an in-patient basis, the cost of the lens      patient could also be institutionalized in a private, state or county psy-
is included in the DRG allowance.                                           chiatric hospital, or in an Intermediate .Care Facility for the Mentally
10:91-7.2 Liability of Commission for missed medical appointments           Retarded (ICF /MR). The purpose of the screening is to determine the
   (a) The Commission shall make no payment to a medical services           suitability for nursing home care, and determine whether the patient
provider for an education or allied services client who has given 24        requires active treatment for mental illness or mental retardation.
hours notice of appointment cancellation.                                      The initial patient evaluation will be conducted by a Regional Staff
   (b) In the event that a Commission client fails to appear for a          nurse from the Division of Medical Assistance and Health Services.
                                                                            Regional Staff Nurses have been evaluating patients for their need for
scheduled medical appointment or a Commission client fails to cancel
                                                                            care in an LTCF since the inception of the Medicaid program. However,
a scheduled appointment prior to the date scheduled for the examin-         the federal law cited above requires that the assessment (evaluation) be
ation, the Commission shall be liable for one-half of the health            performed prior to the patient being admitted to the LTCF.
provider's customary fee.                                                      In addition to the regular nursing level of care assessment, the nurse
   (c) Pursuant to Federal regulations, the Rehabilitation Services         must also determine if a referral for active treatment for mental illness
Administration has advised that the Commission shall not be liable          needs to be made. The federal law specifies that an individual is con-
for any fees associated with a missed medical appointment by a VR           sidered mentally ill if there is a primary or secondary diagnosis of mental
client.                                                                     disorder.
                                                                               Based on this diagnosis, and other appropriate criteria, the patient will
10:91-7.3 Cataract surgery covered costs                                    be referred to the Division of Mental Health and Hospitals (DMH&H)
  The Commission shall cover the cost of outpatient facilities and          for their review and evaluation by an independent psychiatrist. If there
services related to cataract surgery, for an eligible client, whether the   is a finding that active treatment is required, appropriate services will
surgery is conventional or employs a special procedure, such as an          be provided or arranged for.
intraocular lens implant.                                                      The same procedure would apply to mentally retarded individuals, who
10:91-7.4 Payment to psychologists                                          would be referred to the Division of Developmental Disabilities (DOD)
   (a) Psychologists who provide inservice training or who make             for their portion of the active treatment review. If DOD's determination
formal presentations upon the request of the Commission shall be            is that active treatment is appropriate, services will be provided or ar-
                                                                            ranged for.
compensated at the rate of $180.00 per diem.
                                                                               Persons adversely affected by determinations of active treatment for
   (b) In the event that an education or allied services Commission         mental illness or mental retardation are entitled to a hearing.
client fails to appear for a scheduled test at the psychologist's office       Take further notice that the referenced Federal statute also requires the
or fails to cancel an appointment to be tested prior to the date            State to conduct assessments and active treatment reviews of residents
scheduled for the examination, a psychologist shall be reimbursed           residing in LTCFs. The deadline for such reviews is April I, 1990.
in the amount of $45.00.                                                       Public comment on these requirements and the program set forth above
   (c) In the event that an education or allied services Commission         is requested by the Department to assist it in formulating rules to govern
client fails to appear for a scheduled test at the Commission's offices     the assessments, reviews and pre-admission screenings.
or a location other than the psychologist's office, or fails to cancel         Interested persons may submit comments by October 5, 1989 to:
an appointment prior to the date scheduled for the examination, a                      Henry W. Hardy, Esq.
psychologist shall be reimbursed in the amount of $90.00.                              Administrative Practice Officer
                                                                                       Division of Medical Assistance and Health Services
                                                                                       CN 712
                                                                                       Trenton, New Jersey 08625




                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                       (CITE 21 N.J.R. 2773)
                                  You're viewing an archived copy from the New Jersey State Library.

COMMUNITY AFFAIRS                                                                                                                            PROPOSAl.

              COMMUNITY AFFAIRS                                                  Division decision in the case of Community Health Law Project et al \
                                                                                 New Jersey Department of Community Affairs. Dkt. No. A-1496-861
                                                                                 (App. Div. 1988), certif den. 113 N.J. 343 (1988).
                     (a)                                                         N.J.A.C. 5:23-7.9 Use Group 1
DIVISION OF HOUSING AND DEVELOPMENT                                                 Language has been added to make clear that accessible patient roon
                                                                                 are to be proportionately distributed among all patient care areas ar
Uniform Construction Code                                                        all types and classes of patient rooms. Additionally, information c
Barrier Free Subcode                                                             requirements for parking has been moved to N.J.A.C. 5:23-7.12 whic
                                                                                 contains all other requirements for parking. Also, a requirement f(
Proposed Amendments: N.J.A.C. 5:23-7.2 through
                                                                                 accessible inmate confinement areas has been added in accordance wu
  7.6,7.8,7.9,7.11,7.12,7.17,7.18,7.30,7.37,7.41,                                the Appellate Division decision in this matter cited above.
  7.55 through 7.57, 7.61,7.67,7.68,7.71 through                                 N.J.A.C. 5:23-7.1 I Use Groups R-2 and R-3
  7.73,7.75,7.76,7.80 through 7.82, 7.87,7.94                                       To comply with the Appellate Division decision cited above, sever
  through 7.97                                                                   clarifications have been made in this section. Specifically, a reference t
Authorized By: Anthony M. Villane, Jr., D.D.S., Commissioner,                    N.J.A.C. 5:23-7.94 through 7.97 has been added as these sections contai
                                                                                 the technical criteria for adaptable units. Also, the word "building" h,
    Department of Community Affairs.                                             been added to the section on multi-level units to clarify that buildin]
Authority: N.J.S.A. 52:270-124.                                                  or projects with such units would fall into this category. Finally, tt
Proposal Number: PRN 1989-466.                                                   height restriction for applying the requirements of the subcode to entranc
   A public hearing on these proposed amendments will be held on Octo-           platforms serving only one unit has been removed.
ber 2, 1989 at the offices of the Department of Community Affairs,               N.J .A.C. 5:23-7.12 Parking lots and parking garages
Construction Code Element, 3131 Princeton Pike, Building 3, Law-                    Requirements for parking in areas associated with buildings of U~
renceville, New Jersey, beginning at 9:30 A.M. All those interested in           Group 1-2 have been moved to this section from N.J.A.C. 5:23-7.9 fc
testifying are asked to notify the Administrative Practice Officer at the        uniformity.
below address.
                                                                                 N.J.A.C. 5:23-7.13 Parking spaces
   Submit written comments by November 6, 1989 to:                                  Figures 7.l3b and 7.13c are replaced with identical, but graphical!
          Michael L. Ticktin, Esq.                                               clearer, figures.
          Administrative Practice Officer                                        N.J.A.C. 5:23-7.17(a)1 Accessible routes, walks and floors
          Department of Community Affairs
                                                                                    This paragraph has been deleted as it has caused some confusion a
          CN 802
                                                                                 to where accessible routes are to be provided.
          Trenton, NJ 08625
                                                                                 N.J.A.C. 5:23-7.18 Accessible routes: change in level
The agency proposal follows:
                                                                                    This section has been amended for consistency with the changes to th
                                  Summary                                        statute. Also. changes to the permitted uses for platform lifts made UpOI
   Many of the following changes are being proposed to correct problems          adoption of the subcode in November, 1986 have been proposed fo
which have been noted with the Barrier Free Subcode adopted in Novem-            comment in accordance with the Appellate Division decision.
ber, 1986. These amendments are derived from comments received from              N.J.A.C. 5:23-7.19 Accessible routes: width
licensed officials, architects and others using the subcode. Additionally           Figure 7.19c is replaced with a revised figure which corrects the "4'-0
proposed are changes to incorporate amendments made to enabling statu-           or less" requirement to "less than 4'-0"".
te. N.J.S.A. 52:32-4 et seq. The following is a more detailed description        N.J.A.C. 5:23-7.20 Accessible routes: protruding objects
of the proposed changes:                                                            Figure 7.20c is replaced with an identical, but graphically clearer
N.J.A.C. 5:23-7.2 Scope and applicability                                        figure.
   This section is amended to differentiate between large buildings (total       N.J.A.C. 5:23-7.30 Ramps: additional requirements
gross enclosed floor area of 10,000 square feet or more) and small build-           The diagram reference has been corrected to coincide with diagran
ings (total gross enclosed floor area of less than 10,000 square feet) as        changes.
required by the amendments made to the statute.
                                                                                 N.J.A.C. 5:23-7.31 Curb ramps: special requirements
N.J .A.C. 5:23-7.3(a) Exemptions                                                    Figure 7.31fis replaced with an identical, but graphically clearer, figure
   Exemption 1 has been changed from four or fewer dwelling units to
                                                                                 N.J.A.C. 5:23-7.37(a)2 Accessible entrances
three or fewer dwelling units to comply with the Federal Fair Housing
Amendments Act of 1988. Exemption 5 has been deleted in accordance                  A cross reference to the section on additions· has been added.
with the amended statute. Similarly, a new exemption 7 was added to              N.J.A.C. 5:23-7.41 Doors and doorways: double leaf, revolving and
reflect changes made to the enabling legislation. Exemption 7 for histori-                              turnstiles
cal buildings has been deleted as including historical buildings under              The title has been changed to reflect accurately the section content.
exemptions is misleading. Provisions for historical buildings have been          N.J.A.C. 5:23-7.42 Doors and doorways: clear width
added to N.J.A.C. 5:23-7.8. Alterations or changes of use. The language             Figures 7.42a through 7.42c are replaced with new figures which better
dealing with mechanical spaces has been amended for clarity.                     illustrate the rule requirements.
N.J.A.C. 5:23-7.4 Variations and exceptions                                      N.J.A.C. 5:23-7.55(a)l, 5 Accessible toilet and bathing facilities: water
   A sentence has been added to this section to indicate that accessible                                      closets
facilities suitable for use by adults must also be provided at facilities           The requirement that toilets be mounted with flush controls on the wide
primarily serving children.                                                      side of the access area has been deleted to allow an option for design
N.J.A.C. 5:23-7.6 Definitions                                                    professionals. Also, the language has been changed to indicate that toilet
   Definitions of "area," "large building," and "small building" have            paper dispensers should be mounted at a height measured from the
been added to implement the changes to the statute.                              centerline of the dispenser. A new Figure 7.55d is proposed to reflect this
N.J.A.C. 5:23-7.8 Alterations or changes of use                                  revision.
   The title has been changed to reflect properly the content of this section.   N.J.A.C. 5:23-7.56 Accessible toilet and bathing facilities: toilet stalls
Subsection (c) has been added to clarify that the provisions for alterations        The caption of Figure 7.56a is corrected, and Figure 7.56b is revised
contained in the balance of the Uniform Construction Code apply in               to reflect a three foot clear minimum only. The language has been
addition to the provisions contained in this section. Additionally, para-        changed to indicate that toilet paper dispensers should be mounted at
graph (c)1 and subsection (d) have been added to incorporate changes             a height measured from the centerline of the dispenser. Figure 7.56d is
to the statute dealing with alterations and changes of use. Finally, subsec-     revised to conform.
tion (e) has been added to describe the treatment of historic buildings,         N.J.A.C. 5:23-7.57 Accessible toilet and bathing facilities: urinals
structures or sites under the subcode. This amendment is made to provide            Standards have been added for a grab bar to be mounted next to urinals
an objective method for determining the applicability of the provisions          of standard height.
of the subchapter to historic buildings as required by the Appellate

(CITE 21 N.J.R. 2774)                    NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                 You're viewing an archived copy from the New Jersey State Library.

PROPOSAlS                                             Interested Persons see Inside Front Cover                           COMMUNITY AFFAIRS

'l.J.A.C.5:23-7.58 Accessible toilet and bathing facilities: lavatories        required to be accessible. Additionally, the corrections proposed should
    Figure 7.58a is replaced with an identical, but graphically clearer,       enhance the use of public buildings by the disabled.
 igure.
                                                                                                            Economic Impact
 'l.J.A.C.5:23-7.61 Accessible toilet and bathing facilities: bathtubs and       The economic impact of these proposed amendments depends upon
                       showers                                                 the design of the individual building. Those constructing or purchasing
    A height has been added for the grab bar to be provided for tubs. The      new buildings or making renovations to existing buildings may incur some
 Igure captions have been clarified, and a figure added to Figure 7.61a        additional cost to comply with these proposed regulations. This cost will
iepicting "clear floor space with ledge seat (Frontal Approach)."              vary widely depending upon the building design.
~.J.A.C. 5:23-7.65 Minimally accessible toilet and bathing facilities:           The amendment of the rules to include office buildings of less than
                       clear spaces                                            10,000 square feet will have some economic impact on those constructing
    This rule is revised to require that fixtures be arranged as shown in      or purchasing new buildings or renovating existing buildings of this size.
Figure 7.65. The figure has been revised to include a note with this           The dollar amount of the impact depends upon the design of the individ-
requirement.                                                                   ual building.
N.J.A.C. 5:23-7.67 Minimally accessible toilet and bathing facilities:                               Regulatory Flexibility Analysis
                       grab bars                                                  Because the rules now apply to office buildings of less than 10,000
    This section has been modified to differentiate between facilities in      square feet, there will be some economic impact on small businesses. As
buildings of Use Group R-I, where the occupants change constantly, and         stated above, the nature of this impact depends upon the design of the
facilities in buildings of Use Group R-2 where the occupants are more          individual building. However, the need to provide the access for the
permanent.                                                                     handicapped that is required by statute precludes the making of special
N.J.A.C. 5:23-7.68 Elevators                                                   exceptions for buildings owned by small businesses.
    The requirements for the provision of elevators have been changed to
conform with the amendments to the statute.                                       Full text of the proposal follows (additions indicated in boldface
N.J.A.C. 5:23-7.71 Elevator door operation                                     thus; deletions indicated in brackets [thus]):
    The reference at the end of this section has been deleted as it is            AGENCY NOTE: At N.J.A.C. 5:23-7.l8(a)3,language regarding
repetitious and may become obsolete.                                           platform lifts deleted upon adoption of the rule in November, 1986,
N.J.A.C. 5:23-7.72 Elevator car                                                is shown in brackets and italics to invite public comment upon the
    This section has been amended to include a requirement for handrails       deletion.
within elevator cars which was included in previous standards, but was
inadvertently omitted from the subcode.                                        5:23-7.2 Scope and [Applicability] applicability
N.J.A.C. 5:23-7.73, 7.75 Elevators: car controls, lobby call buttons              (a) The provisions of this subchapter shall apply to all buildings,
    The requirement for both visual and audible signals indicating when        building sites, and portions thereof, as delineated in (a)I and 2 below,
a call is registered and answered has been deleted as this requirement         unless exempted by N.J.A.C. 5:23-7.3.
exceeds the industry standard and would cause confusion.                          I. Large buildings, defined as those with a total gross enclosed floor
N.J.A.C. 5:23-7.76 Elevators: hall lanterns                                    area of 10,000 square feet or more, shall be required to have accessible
    This proposed change would limit the use of in-car lanterns mounted        entrances, facilities for the physically handicapped on all accessible
on car door jambs for hall lanterns to elevators with not more than two        floors, and elevators or other means of access for the physically handi-
landings.                                                                      capped between floors.
N.J.A.C. 5:23-7.80, 7.81 Platform lifts                                           2. Small buildings, defined as those with a total gross enclosed floor
    Several amendments are proposed to distinguish between vertical and        area of less than 10,000 square feet, shall have accessible entrances
inclined platform lifts.                                                       servicing the first or ground floor areas and facilities for the physically
N.J.A.C. 5:23-7.82 Drinking fountains and water coolers                        handicapped on any other floors which are on an accessible route of
    The requirements for installing drinking fountains have been corrected     travel.
to indicate the proper height for mounting.                                       (b)-(d) (No change.)
N.J.A.C. 5:23-7.87 Assembly areas                                              5:23-7.3 Exemptions
    Language has been added to clarify which type of assembly areas are
                                                                                  (a) The following are exempt from the provisions of this
meant to be included in this section.
                                                                               subchapter:
N.J.A.C. 5:23-7.88 Mercantile fitting/dressing rooms                               I. Buildings or projects of Use Group R-2 or R-3 with [four]three
    An amendment has been made to this section to cross reference the          or fewer dwelling units, having common entrances or separate en-
requirements for accessible entrances.
                                                                               trances directly from the exterior, whether for rental or arranged for
N.J.A.C. 5:23-7.94 Residential adaptable units                                 sale shall be exempt. A dwelling unit shall be deemed to be "arranged
    Reference to N.J.A.C. 5:23-7.95 through 7.97 has been added to clarify     for sale" if it is located on a separate lot or is part of a condominium
that all of these sections apply to adaptable dwelling units.                  project for which a Master Deed has been filed and which has been
N.J.A.C. 5:23-7.95 Adaptable units: kitchens                                   approved for registration as a planned real estate development by
    This section has been modified to delete the requirements for adjustable   the Department at the time that the building permit is issued.
countertops and removable base cabinets, as well as the requirement               i. (No change.)
pertaining to controls on appliances, as these requirements present certain       2.-4. (No change.)
problems for residents and the items in question can be altered for use
                                                                                  [5. Use Group B buildings used as offices with a total enclosed
by the disabled without a great deal of difficulty.
                                                                               building area of all floors combined of 10,000 square feet or less shall
NJ.A.C. 5:23-7.96 Adaptable units: bathrooms                                   be exempt.]
    The stipulation that the bathroom door cannot swing into the clear            [6.]5. (No change in text.)
floor space has been deleted as the door could be reversed for a disabled
                                                                                  [7. Historic buildings and sites shall be exempt with regard to
resident.
                                                                               those provisions of this subchapter which would change the historic
N.J.A.C. 5:23-7.97 Adaptable units: consumer information                       character of the building.]
    A correction has been made changing the word "accessible" to "adap-           [8. Mechanical and incidental storage spaces] 6. Floors or spaces
table."                                                                        containing only mechanical equipment shall be exempt.
                             Social Impact                                        7. Floors in large buildings which contain less than 3,000 square feet
  The major change effected by these proposed amendments is the im-            of total floor area and are at other than the entrance level shall be
plementation of the amendment to the statute. As amended, the statute          exempt.
no longer provides an exemption for office buildings of less than 10,000          I, Exception: Floors which contain less than 3,000 square feet of total
square feet. Accordingly, disabled individuals will now be afforded an         floor area, but are served by an elevator or other means of access, shall
opportunity to obtain services, work and participate in other activities       not be exempt.
in newly-constructed small office buildings which were not previously
                                       NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                        (CITE 21 N,J.R. 2775)
                                   You're viewing an archived copy from the New Jersey State Library.

COMMUNITY AFFAIRS                                                                                                                        PROPOSALS

5:23-7.4 Variatons and exceptions                                              of rooms within the areas (one-bedded, two-bedded, three-bedded and
   (a) (No change.)                                                            four-bedded rooms).
   (b) In buildings, facilities, or portions thereof which primarily              4. Outpatient Facilities licensed by the Department of Health shall
serve children, variations and exceptions are not required for adjust-         be made accessible as follows:
ments of dimensions to make them suitable for children. However,                  i. (No change.)
in such buildings, accessible facilities for use by adults must be provided.      [ii. Ten percent of the parking spaces, but not less than two, shall
   (c)-(d) (No change.)                                                        be accessi ble.]
                                                                                 (c) Buildings or portions thereof of Use Group 1-3 shall be made
5:23-7.5 Construction Boards of Appeals
                                                                               accessible as follows:
  (a)-(b) (No change.)
                                                                                  1. At least one inmate confinement area or room per institution shall
  (c) DCA shall sponsor and provide training to qualified handi-
                                                                               be accessible.
capped persons and their advocates for inclusion on the list specified
                                                                                  2. At least one toilet and bathing facility per institution provided for
in [(c)] (b) above.
                                                                               inmates shall be accessible.
5:23-7.6 Definitions                                                              [I.] 3. All public or common areas and employee areas, including
  The following words and terms, when used in this subchapter, shall           toilet or bathing facilities associated with these areas, shall be made
have the following meanings unless the context clearly indicates               accessible.
otherwise:
                                                                               5:23-7.1 I Use Group R-2 and R-3
                                                                                 (a) Buildings of Use Group R-2 or R-3, which are not exempted
  "Area" means the total gross floor area enclosed by exterior walls
                                                                               by N.J.A.C. 5:23-7.3, shall be made accessible to handicapped per-
or fire walls. For the purposes of computing area or otherwise applying
                                                                               sons as follows:
the provisions of this subchapter, the fire walls shall not be penetrated
                                                                                  1.-2. (No change.)
by openings of any kind whether protected or unprotected.
                                                                                 3. All units in elevator serviced buildings and all entry and/or
  "Large building" means a building with a total gross enclosed floor
                                                                               grade level units in non-elevator serviced buildings shall be made
area of 10,000 square feet or more.
                                                                               adaptable in accordance with N.J.A.C. 5:23-7.94 through 7.97.
                                                                                 4. (No change.)
  "Small building" means a building with a total gross enclosed floor
                                                                                 5. Each dwelling unit which has two or more levels of living space
area of less than 10,000 square feet.
                                                                               with an elevation difference of more than 24 inches and which does
5:23-7.8 Alterations or changes of use                                         not have an internal elevator, is exempt from the requirements of
   (a)-(b) (No change.)                                                        N.J.A.C. 5:23-7.1 l(a)3. However, in each building or project contain-
   (c) The degree to which alterations to existing buildings shall comply      ing such multi-level units, at least four percent of the total number
with the provisions of this subchapter shall be determined in accordance       of units[,] (rounded to the next whole number) shall be accessible
with N.J.A.C. 5:23-2.4.                                                        or 100 percent of the units shall be adaptable.
   1. Exception: The provisions of this subchapter shall not apply to            6. (No change.)
renovations or modifications of a small building as defined in N.J.A.C.
                                                                               5:23-7.12 Parking lots and parking garages
5:23-7.6 if there is insufficient space between the building and its lot
                                                                                 (a) Every parking lot or parking garage servicing an accessible
lines or between the building and the public way to allow for the
                                                                               entrance as described in this subchapter shall have at least the number
installation of an entrance ramp which meets the criteria of this
                                                                               of accessible parking spaces for the handicapped as set forth in Table
subchapter where one would be required.
                                                                               7.12.
   (d) The provisions of this subchapter shall not apply to a change of
                                                                                  I. Parking lots or parking garages servicing buildings of Use
use group of a small building as defined in N.J.A.C. 5:23-7.6.
                                                                               Group 1-2 licensed by the Department of Health shall have at least
   (e) The provisions of this subchapter shall not be mandatory for the
                                                                               the number of accessible parking spaces for the handicapped as set
alteration of historic buildings, structures or sites provided that the
                                                                               forth below:
following conditions are met:
                                                                                 i.-iii. (No change.)
   1. The historic building, structure or site is designated, listed or
                                                                                 fv. In parking lots or parking garages servicing an outpatient facility,
registered by the State or Federal government authority as an historic
                                                                               10 percent of the parking spaces, but not less than two, shall be
building or site; and
                                                                               accessible.
   2. A finding is made by the designating, listing or registering               (b)-(c) (No change.)
authority that compliance with the provision of the subchapter in ques-
tion would alter the historic character of the building or site.               5:23-7.13 Parking spaces
                                                                                 (a)-(b) (No change.)
5:23-7.9 Use Group I
                                                                                 (c) There shall be four acceptable configurations for accessible
   (a) (No change.)
                                                                               parking spaces as illustrated in Figures 7.13a through 7.l3d.
   (b) Buildings or portions thereof of Use Group 1-2 shall be made
                                                                                  I. (No change.)
accessible as follows:
                                                                                 2. Parking spaces each not less than eight feet wide with an adja-
    I. Hospitals licensed by the Department of Health shall be made
                                                                               cent access aisle at least five feet wide.
accessible as follows:
                                                                                 AGENCY NOTE: Current Figure 7.l3b is proposed for deletion,
   i. Ten percent of patient bedrooms, rounded to the next higher
                                                                               but is not reproduced herein. The following is proposed new Figure
whole number, shall be accessible.
                                                                               7.13b.
   (1)-(2) (No change.)
   (3) Accessible patient bedrooms shall be proportionately dis-
tributed among all patient care areas and through all types and classes
of rooms within the areas (one-bedded, two-bedded, three-bedded and
four-bedded rooms).
   2. (No change.)
   3. Long Term Care Facilities (skilled nursing homes) licensed by
the Department of Health shall be made accessible as follows:
   i. Fifty percent of patient bedrooms, rounded to the next higher
whole number, shall be accessible.
   (1)-(2) (No change.)
   (3) Accessible patient bedrooms shall be proportionately dis-
tributed among all patient care areas and through all types and classes


(CITE 21 N.J.R. 2776)                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                You're viewing an archived copy from the New Jersey State Library.

 JROPOSALS                                          Interested Persons see Inside Front Cover                         COMMUNITY AFFAIRS

                             Flgure 7.l3b                                    on an accessible route or travel and provided that identical facilities
                            Parking Spaces                                   and services are available on accessible levels.
                                                                               3. (No change.)
                                                                             5:23-7.19 Accessible routes: width
                                                              walkway
                                                                                (a) Accessible routes, walks and floors, shall provide clearances
                                                                             for moving wheelchairs as follows:
                                                                                I. (N 0 change.)
                                                                                2. Maximum maneuvering clearances as shown in Figures 7.19b
                                                                             and 7.19c if the accessible route requires a turn around an obstruc-
                                                                             tion.
                                                                                Figure 7.19b (No change.)
                                                                                AGENCY NOTE: Current Figure 7.19c is proposed for deletion,
                                                                             but is not reproduced herein. The following is proposed new Figure
        8'-0"      5'-0"       6'-0"      5'-0"      6'-0"                   7.19c.

                                         LJ
  3. Curb side parking, provided that the curb has been indented                                        Flgure 7.19c
It least four feet so that a handicapped person does not exit from                               Turn-Maneuvering Clearance
I vehicle into a traffic lane.
                                                                                         •                             60                    .


  AGENCY NOTE: Current Figure 7.13c is proposed for deletion,
Jut is not reproduced herein. The following is proposed new Figure
U3c.
                                                                                 c
                                                                                     .
                                                                                 E
                                                                                ::
                             Flgare 7.l3c                                       o
                            Parking Spaces                                       I




                                                                                             3'-6"mln.                      3'-6"mln.
                                                                                                                        less than 4' - 0"

                                                                               3. (No change.)
  4. (No change.)
  (d) (No change.)                                                           5:23-7.20 Accessible routes: protruding objects
                                                                                (a) No protruding objects shall reduce the clear width of an ac-
5:23-7.17 Accessible routes, walks and floors                                cessible route or maneuvering space below the minimum required by
  (a) At least one accessible route shall comply with N.J.A.C.               N.J.A.C. 5:23-7.[9. See Figure 7.20a.
5:23-7.[8 through 5:23-7.23 and shall connect each accessible building          Figure 7.20a (No change.)
entrance to the following:                                                      I. (No change.)
  [I. Accessible building entrances are not required to be connected            2. Objects fixed to wall surfaces may project more than four inches
to one another on the exterior of the building.].                            if mounted with the lower extreme of their leading edge less than
  Renumber 2.-6. as 1.-5. (No change in text.)                               two feet three inches above the finished floor. These objects shall not
5:23-7. J8 Accessible routes: change in level                                project, however, into the minimum required clear width specified
   (a) All changes in level or grade on accessible routes, walks, or         in N.J.A.C. 5:23-7.19. See Figure 7.2Oc.
floors, chall comply with the following:                                        AGENCY NOTE: Current Figure 7.20c is proposed for deletion,
   /.-2. (No change.)                                                        but is not reproduced herein. The following is proposed new Figure
   3. Changes in level of greater than three-quarter inch are to be          7.2Oc.
connected by ramp, curb ramp, elevator, or platform lift meeting
criteria of this subchapter. However, the maximum change in level
within a building which may be bridged by a ramp shall be 60 inches.
[Platform lifts may be used to bridge any level differential in modi-
fication and/or renovation work. In new construction. platform lifts
shall be ulilized only for access to special purpose areas and shall not
be used on accessible routes between major floor areas or accessible
entrances]
   4. (No change.)
   (b) The following are exceptions to the requirements of (a) above:
   I. (No change.)
   2. In Use Group[sJ A-2 and in those buildingsor areas or Use Group
A·3 that are used as restaurants, raised or depressed areas not exceed-
ing [32 inches in height] 3,000 square reet or total Door area shall
be allowed provided [they encompass less than ten percent of the
usable net area] that at least one-third or the usable net area is located

                                      NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                       (CITE 21 N.J.R. 2777)
                                                                                      You're viewing an archived copy from the New Jersey State Library.

COMMUNITY AFFAIRS                                                                                                                                                                                                                                                                        PROPOSALS

                                                                        Figure 7.20c                                                                                                                                                         Figure 7.30e1
                                                                        Clear Width                                                                                                                                                   Ramp with Extended Platform
                                                                                                                                                                                                                                                                    '·O"min.
                                  any amount                                                                                         I

                                                I                clear
                                                                                                                                     I
                                                                                                                                       ":!J
                                                                                                                                                                                                                                                                    -l,,",m"OI
                                                l_WJ~th_
                                                J
                                                                                                                                                                                                   : :~ :[l=: : :(CJ=;= =: : :{:r=Y=: {: : lr= ji5'&4Ci
                                                                                                                                                                                                   RAiLING WITH
                                                                                                                                                                                                                                                                               U_'wD~
                    II)
                    II)
                  ..!2
                                               !                3' - 0"
                                                                                                                                                                                                   EXTENDED
                                                                                                                                                                                                   PLATFORM

                    ...
                    o
                                                I minimum                                                                                                                                  5:23-7.31 Curb ramps: special requirements
                                                I                                                                                                                                            (a) In addition to the requirements of NJ.A.C. 5:23-7.24 through


                  N
                                               !I
                                                                                                                                ~ -:::~::
                                                                                                                                                                                           5:23-7.30 above, curb ramps shall comply with the following require-
                                                                                                                                                                                           ments:
                                                                                                                                                                                              1.-3. (No change.)
                                                                                                                                                                                             4. Diagonal or corner-type ramps having flared sides shall have
                                                I                                                                                     t:::·                                                at least a two foot long segment of straight curb located on each
                                                I                                                               I                                                                          side of the curb ramp and within the marked crossings. See Figure
                                                I                                                               I                                                                          7.3If.
                                                                                                                I                                                                             AGENCY NOTE: Current Figure 7.31f is proposed for deletion,
                                               !                                                                I                        t~:~                                              but is not reproduced herein. The following is proposed new Figure
           'E':~':':':':':':':':':':':':':':':':':':':': ';': ':':':.:.: :~: : .: :.: : :.: :.: .: ~: :.:.~: :.: : : : : : : :-: : : : : ":': : : :.':':': : : :':':': : : : -:f: :~       7.3If.

                                                                                                                                                                                                                                                          Figure 7.31f
  3. (No change.)                                                                                                                                                                                                                                           Crossing
                                                                                                                                                                                                                                                                                   ::
5:23-7.30 Ramps: additional requirements                                                                                                                                                                                                                                           o
                                                                                                                                                                                                                                                                                    I
  (a) In addition to the requirements of N.J.A.C. 5:23-7.24 through
7.29, all ramps shall meet the following requirements:                                                                                                                                                                     ...
                                                                                                                                                                                                      ..................:!:...                                                     C\J

                                                                                                                                                                                                      ~~~~~~~~~~~~~
  1.-2. (No change.)
  3. Provide curbs, walls, vertical guards or projected edges at ramps
and landings with drop-offs exceeding six inches. Minimum curb
height shall be two inches. See Figures 7.30a through 7.30[c]d.


                                                                  Figure 7.30a
                                                                                                                                                                                                  ~


                                                                                                                                                                                                                                                       dJ  ......
                                                                                                                                                                                                                                                        . ...



                                                                 Ramp with Curb                                                                                                                          2 '- 0 II,
    ELEVATION                                                                                                                              SECTION
                                                                                                                                                                                                                                                                         mark e d
    "O"min.                                                                 ,'O"min.                                                                                                                                                                                     era 5 5 In9
                                                                                                                                             3'O"min.




                                                                                                                                         I                                 i                                                                                        I,..... curb
                                                                                                                                                                                                                                                                         ramp

                                                                     Figure 7.30b                                                                                                                                                                      .. .
                                                                                                                                                                                                                                                        . .......
                                                                    Ramp with Wall
                                                                                                                                                                                                                                                             ..
                                                                                                                                                                                                                                                           ....
                                                                                                                                                                                                  0                                                          . .
                                                                                                                                                                                                      ..............-_.__
                                                                                                                                                                                                      ........._ .._.. ...
                                                                                                                                                                                                       ................................
                                                                                                                                                                                                      ............................
                                                                                                                                                                                                                                                                               I
                                                                                                                                                                                                      .................. a ....a ••

                                                                                                                                                                                                       ................................
                                                                                                                                                                                                      . . . . . . a • • • • • _ _. . . . . . . . . .
                                                                                                                                                                                                      •• a ..... a •••• a .......             a ••

                                                                                                                                                                                                                                               ...

        WALL
                                                                                                                                                                                             5.-8. (No change.)

                                                     Figure 7.30c                                                                                                                          5:23-7.37 Accessible entrances
                                               Ramp with Vertical Guards                                                                                                                      (a) The following entrances to a building or facility shall be con-
                                                                                                                                                                                           structed in a manner that makes them accessible either through
                                                                                                            2'8" to 2"0" 3'0"                                                          .   adjusting the exterior grade level to coincide with the entrance or
                                                                                                                                  I                         1                   mIni       providing walkways, ramps, elevators or platform lifts which comply
                                                                                                                                                                                           with this subchapter:

          j]]JI[[[[[ If U
                                                                                                                                                                                              1.-2. (No change.)
                                                                                                                                                                                              3. For additions to existing buildings, the above requirements shall
          ~*~:::::~::::::::::::::::::::::::::::::::::::::::::::~:t::~::::::::::/::titttt(: -~- k:::~:::::::::::::::::::::::::::J                                                           apply except if it can be shown that they have all been appropriately
          VERTICAL GUARDRAIL

(CITE 21 N.J.R. 2778)                                                                                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                           You're viewing an archived copy from the New Jersey State Library.

PROPOSALS                                         Interested Persons see Inside Front Cover                       COMMUNITY AFFAIRS

met in the structure to which an addition is being made and there          1.-2. (No change.)
is an accessible route of travel from such entrances to the addition.      3. Have automatic or hand operated /lush controls. Controls shall
Such entrances and accessible route must be available during all         be mounted [on the wide side of the access area] no higher than 44
hours of operation of functions within the addition (see N.J.A.C.        inches above finished floor.
5:23-7.7.);                                                                4. Have grab bars mounted as shown in Figures 7.55c and d.
                                                                           Figure 7.55c (No change.)
5:23-7.41 Doors and doorways: [technical criteria] double leaf,            AGENCY NOTE: Current Figure 7.55d is proposed for deletion,
           revolving and turnstiles                                      but is not reproduced herein. The following is proposed new Figure
  (a)-(b) (No change.)                                                   7.55d.
5:23-7.42 Doors and doorways; clear width
  (a) Accessible doorways shall provide a clear opening of two feet
eight inches as measured with the door open 90 degrees between the                                   Figure 7.55d
face of the door and the latch side stop. See Figure 7.42a, b,                                        Side Wall
and c.
  AGENCY NOTE: Current Figures 7.42a, b, and c are proposed                        :::
for deletion, but are not reproduced herein. The following are                     0
proposed new Figures 7.42a, b, and c.                                              :                  4'-4"mln.
                                                                                   (t)
                                                                                                                             (")


                           Figure 7.42a
                           Hinged Door
                                                                                   -0
                                                                                   :::
                                                                                   Ol
                                                                                   :
                                                                                                       "'-Q"max.
                                                                                                                             ...
                                                                                                                             ..
                                                                                                                             0
                                      Z'8"min                                      N
                                                                                                                             N


2'0"   maxI

                                                                            5. Have toilet paper dispensers mounted as shown in Figure 7.55d.
                                                                         Height measured from the [bottom] centerline of the dispenser to the
                                                                         finished /loor shall be one foot nine inches. Dispensers shall not
                                                                         project beyond the front edge of the water closet. Dispensers that
                                                                         control delivery or do not permit continuous paper flow shall not
                       2'8" min.                                         be used.
                                                                         5:23-7.56 Accessible toilet and bathing facilities: toilet stalls
                                                                           (a) In toilet rooms containing toilet stalls, at least four percent,
                                                I   2'0"   max.          rounded off to next higher whole number, but not less than one stall,
                                                                         shall be made accessible.
                                                                           I. (No change.)
                                                                           2. Accessible toilet stalls shall be of the size and arrangement as
                                                                         shown in Figure 7.56a. Stall configuration may be reversed for left
                                                                         or right hand approach. In alteration work, where the provision of
                                                                         the standard stall (Figure 7.56a) is structurally impractical or plumb-
                                                                         ing fixture code requirements prevent combining existing stalls to
                                                                         provide necessary space, the alternate stall configuration of Figure
                                                                         7.56b may be utilized.
                            Figure 7.42b
                            Sliding Door




                                              ..
                                2'8" min.                                                            Figure 7.56a
                                                                                                 Standard [Wall] StaU
                                              1
                                                                           (No change in Figure 7.56a.)
                                                                           AGENCY NOTE: Figure 7.56b is proposed for deletion, but is
                           Figure 7.42c                                  not reproduced herein. The following is proposed new Figure 7.56b.
                           Folding Door

                                 2'8" min.




                                              -
                                              1

(b) (No change.)
5:23-7.55 Accessible toilet and bathing facilities: Water closets
  (a) At least four percent (rounded off to the next higher whole
number) but not less than one water closet in each toilet room shall:
                                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                   (CITE 21 N.J.R. 2779)
                                                    You're viewing an archived copy from the New Jersey State Library.

COMMUNITY AFFAIRS                                                                                                                                                                              PROPOSALS

                                        figure 7.56b                                                                                 5:23-7.58 Accessible toilet and bathing facilities: lavatories
                                       Alternate Stall                                                                                 (a) Four percent (rounded off to next higher whole number) in
                                                                                                                                     each toilet room or bathing facility, but not less than one, shall be
       3'-S"mln.
       latch approacn                                                                                                                accessible. Accessible lavatories shall meet the following require-
       only,                                                                                                                         ments.
                                                                                                                                        I. Lavatories with the rim or counter surface shall be mounted
                                                                                                                                     no higher than [2] two feet II inches above finished floor. Knee space
  i-
  I
                         -I                                                                                                          between bottom of apron and finished floor shall be at least two feet
                                                                                                                                     six inches high, two feet six inches wide, and one foot seven inches
                                                                                                                                     deep. Toe space of at least nine inches high shall be provided. See
  I                                                                                                                                  Figure 7.58a.
  I                                                                                                                                     AGENCY NOTE: Current Figure 7.58a is proposed for deletion,
  I
  I                                                                                                                                  but is not reproduced herein. The following is proposed new Figure
  I                                                                                                                                  7.58a.
  I
  :"11-
  •                                                                                                                                                               Figure 7.58a
                                                      4'-S"mln.                                                                                                     Lavatory
                                                    5'-S"mln.

                                                5'-9"mln.                                                                                                                    knee space:
                                                                                                                                                                             dashed area
  3.-5. (No change.)
  6. Accessible toilet stalls shall have grab bars mounted as shown
in Figures 7.56c and d.
  Figure 7.56c (No change.)
  AGENCY NOTE: Current Figure 7.56d is proposed for deletion,
but is not reproduced herein. The following is proposed new Figure                                                                          x
7.56d.                                                                                                                                      ~
                                                                                                                                                                                            ::
                                                                                                                                            E                                            :::.-
                                                                                                                                           ::                                            to .-
                                                                                                                                           "t                                              I
                                          figure 7.56d                                                                                      I
                                            Side Wall                                                                                                                                    C\J N




                    i ..
 ::                  ...

                                                                                                                                                                 ~
 o
  •                  '-'j
                     .::.~
                                      4     t
                                                -6      JJ
                                                               m In.               pj
                     ......J                                                                              ,
                                                                                                          ,
                                                                                                                                                          I"", 6/1 m i n .
 o                   ":."1
                          ,
                     ......                                                                              (T)

                     :~3
                                                    -0         ma x            .                         .    I




                     I-
                     .....J                     t
 Cl                              Jr
                                         1                1/
                                                                                                          or-                                                       1'-7"min.
  I
                                                                                                           0
 N                                                                                                        ......
                                      C                                                :2l                ::
                     =.                                                                                   N
                                                r-, t 0 i I e t
        ,
        ,
                ,    ~'?-1
                     ~
                                                L_.J
                                                             PaPer                                        -
                                                                                                          T'""
                                                                                                              I                        2.-5. (No change.)
                                                                                                                                     5:23-7.61 Accessible toilet and bathing facilities: bathtubs and
                                                                                                                                                  showers
                     ~~)
        Cl
        .
        ,...
            I                                                                                                      ~~
                                                                                                                                       (a) At least one fixture of each type provided shall be made ac-
                                                                                                                                     cessible in each toilet or bathing facility (where required). Accessible
                                                                                                                                     bathtubs or showers shall:
                     ::::t:::~~~:::?::::~~:,:,:::,:::~~~:::::=±~:~:::,:=:::;;;;;~~?-.:..;,:",   .....;;~.:.:.::::=:::::,?':::,:::~     1.-2. (No change.)
                                                                                                                                       3. Have grab bars mounted as shown in Figures 7.61a through
  7. Accessible toilet stalls shall have toilet paper dispensers                                                                     7.61e. Grab bars provided for tubs shall be mounted at a height of nine
mounted as shown in Figure 7.56d. Height measured from the [bot-                                                                     inches above the flood rim. See specifications for grab bars in N.J.A.C.
tom] centerline of the dispenser to the finished floor shall be one foot                                                             5:23-7.62.
nine inches. Dispensers shall not project beyond the front edge of
the water closet. Dispensers that control delivery or do not permit                                                                                               Figure 7.61a
continuous flow shall not be used.                                                                                                                     Clear floor space with ledge seat
                                                                                                                                                              (Lateral Approach)
5:23·7.57 Accessible toilet and bathing facilities: urinals
  (a) (No change.)
  (b) A vertical grab bar shall be located next to at least one standard
height urinal [at standard height]. The grab bar should be 24 inches                                                                   (No change in current Figure 7.6Ia; proposed additional aspect
in length, installed with its centerline 36 inches from the finished floor.                                                          of Figure 7.61a reproduced below.)



(CITE 21 N.J.R. 2780)                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989
                                                                                                    You're viewing an archived copy from the New Jersey State Library.
f»ROPOSALS                                                                                                        Interested Persons see Inside Front Cover                                     COMMUNITY AFFAIRS

                   Clear floor space with ledge seat                                                                                                                              Figure 7.65
                          (Frontal Approach)                                                                                                                                      Clear Space


                                                                                                                                                      Note: Fixtures must be arranged as shown .
                 ....................................._                                                                                        .
                \ir':-:':':-:':':':-:-:':':':':-:':':':':-:':-:-:'' ':-:-:'' ':':-:::·:-:·:·:·:·:-:·:·:::·:-:·:-:·:·:-:·:·:·:·:·:·:·:·:·:·:·:tII

                                                                                                                                        . ...: •.
                .:,:....
                    -:.:.                                                                                                     .....     :-:.:.:
                :::::::        0                                                                                               It1 :::::::
                .:::                                                                                                           Q) :::.
                                                                                                                               (l)




    -[
     -
     0_
     ~
       C
            E



                                                                                                                                                                       I~      S'-Q"m/n.
                                                                                                                                                                                                     ·1
                                                                                                                                                      2. (No change.)
                           Figure 7.61b                                                                                                             5:23-7.67    Minimally accessible toilet and bathing facilities: grab
                Clear floor space with in-tub seat                                                                                                               bars
                         Frontal Approach                                                                                                             [Each] In buildings of Use Group R-I, each toilet room and bathing
                                                                                                                                                    facility required to be minimally accessible shall have grab bars
                                                                                                                                                    meeting criteria ofN.l.A.C. 5:23-7.62 mounted at the foot and back
                                                                                                                                                    of tubs of the length and positioning shown in figures 7.67a and b.
  (No change in Figure 7.61b)                                                                                                                       In buildings of Use Groups R-2 and R-3, each toilet room and bathing
                                                                                                                                                    facility required to be minimally accessible shall have blocking for grab
                                                                                                                                                    bars at the foot and back of tubs, positioned as indicated in Figures
                           Figure 7.61c                                                                                                             7.67a and b.
                Clear floor space with in-tub seat                                                                                                     Figures 7.67a and b. (No change.)
                         Lateral Approach                                                                                                           5:23-7.68 Elevators
                                                                                                                                                      (a) Every multi-storied building shall provide e1evator(s) that are
                                                                                                                                                    accessible to and usable by physically handicapped people with the
  (No change in Figure 7.61c                                                                                                                        following exceptions:
                                                                                                                                                       I. Small buildings as defined in N.J.A.C. 5:23-7.6;
                                                                                                                                                       2. In large buildings as defined in N.J.A.C. 5:23-7.6, floors which
                                                                                                                                                    contain less than 3,000 square feet of total floor area or floors which
                                        Figure 7.61d                                                                                                contain only mechanical equipment;
                                      Clear floor space                                                                                                [I. In Use Group B, buildings with less than 6,000 square feet of
                                    Transfer stall shower                                                                                           total gross area at other than the principal entrance level.]
                                                                                                                                                       [2.]3. In Use Groups Band F, mezzanines of less than [10,000]
                                                                                                                                                    3,000 square feet total gross area.
  (No change in Figure 7.6Id.)                                                                                                                         Renumber 3. as 4. (No change in text.)
                                                                                                                                                      (b)-(c) (No change.)
                                                                                                                                                    5:23-7.71 Elevator door operation
                                          Figure 7.61e                                                                                                (a) Elevator doors shall be a minimum of three feet-wide and
                                        Clear floor space                                                                                           automatic door controls shall comply with the following require-
                                       Roll-in stall shower                                                                                         ments:
                                                                                                                                                       1.-2. (No change.)
                                                                                                                                                      3. Doors shall have a reopening device which will function to stop
                                                                                                                                                    and reopen the car door and adjacent hoistway door in case the
  (No change in Figure 7.6Ie.)                                                                                                                      cardoor is obstructed when the door is closing. This reopening device
  4.-7. (No change.)                                                                                                                                shall also be capable of sensing an object or person in the path of
5:23-7.65   Minimally accessible toilet and bathing facilities: clear                                                                               a closing door without requiring contact for activation at a nominal
            spaces                                                                                                                                  height of five inches and two feet five inches above finished floor.
  (a) Each toilet room and bathing facility shall have an un-                                                                                       Such devices shall remain effective for a period not less than 20
obstructed clear space that:                                                                                                                        seconds. [For additional information, see ANSI A17.1 as referenced
   I. Is a minimum of 60 inches long and 32 inches wide, with the                                                                                   in Appendix A of the building subcode.]
door opening onto the 32 inches side. See Figure 7.65. Fixtures must                                                                                5:23-7.72 Elevator car
be arranged as shown in Figure 7.65.                                                                                                                  (a)-(b) (No change.)
  AGENCY NOTE: Current Figure 7.65 is proposed for deletion,                                                                                          (c) Handrails shall be provided on all walls of cars except where
but is not reproduced herein. The following is proposed new Figure                                                                                  doors occur. Rails shall be smooth and the inside surface at least one
7.65.

                                                                        NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                                                          (CITE 21 N.J.R. 2781)
                                 You're viewing an archived copy from the New Jersey State Library.
COMMUNITY AFFAIRS                                                                                                               PROPOSALS

and one-half inches clear of the walls at a nominal height of 32 inches    5:23-7.94 Residential adaptable units
from the Ooor.                                                               (a) (No change.)
                                                                             (b) Adaptable units shall comply with N.J.A.C. 5:23-7.95 through
5:23-7.73 Elevators: car controls
                                                                           7.97.
  (a)-(b) (No change).
  [(c) Both a visual and audible signal indicating when each call is       5:23-7.95 Adaptable units: kitchens
registered and answered shall be provided.]                                   (a) Kitchens in adaptable units shall be on an accessible route and
   Redesignate (d)-(e) as (c)-(d). (No change in text.)                    shall meet the following criteria:
  [(I)] (e) All control buttons shall be designated by raised standard        1.-2. (No change.)
alphabet characters for letters, arabic characters for numerals, or          [3. All controls for appliances, sinks and other equipment shall
standard symbols as shown in Figure 7.73b. [For additional infor-          comply with N.J.A.C. 5:23-7.85 (Controls and operating mechan-
mation see ANSI A 17.1 as referenced in Appendix A of building             isms).]
subcode and see also NEIl suggested Minimum Elevator Require-                 [4.]3. At least one 30 inch section of counter shall provide a work
ments for the Handicapped.] Raised designations shall be placed to         surface that complies with the following requirements:
the immediate left of the button to which they apply. Permanently            [i. The counter shall be adjustable or replaceable as a unit to
attached or applied plates are acceptable. The call button for the         provide alternative heights of 28 inches, 32 inches, and 36 inches
main entry floor shall be located in the left-most column designated       measured from the floor to the top of the counter surface;]
with a raised star as shown in Figure 7.73b.                                  [ii. Base cabinets, if provided, shall be removable under the full
   Figure 7.73b (No change.)                                               30 inches minimum frontage of the counter.] I, The finished floor
   Redesignate (g) as (C). (No change in text.)                            shall extend under the counter to the wall;
                                                                              Renumber iii. as ii. (No change in text.)
5:23-7.75 Elevators: lobby call buttons
                                                                              [iv.] iii. A clear floor space 30 inches by 48 inches shall allow a
  (a) Lobby call buttons shall:
                                                                           forward approach to the counter. Nineteen inches maximum of clear
   1.-2. (No change.)
                                                                           floor space required may extend underneath the counter. The knee
   3. Have [both] visual [and audible] signals indicating when a call
                                                                           space shall have a minimum clear width of 30 inches and a minimum
is registered and answered;
                                                                           clear depth of J9 inches. NOTE: The measurement of knee space
   4.-6. (No change.)
                                                                           assumes the removal of base cabinets;
5:23-7.76 Elevators: hall lanterns                                            Renumber v. as iv. (No change in text.)
  (a) Audible and visual signals shall be provided at each hoistway           [5.]4. The sink and surrounding counter shall comply with the
entrance to indicate car arrival and its travel direction.                 following requirements:
  1.-2. (No change.)                                                          i. [The sink and surrounding counter shall be adjustable or re-
  3. For elevators with not more than two landings, [In]in-car lanterns    placeable as a unit to provide alternative heights of 28 inches, 32
mounted on car door jambs and that comply with N.J.A.C. 5:23-7.74          inches, and 36 inches, measured from the floor to the top of the
are acceptable.                                                            counter surface or sink rim.] The total width of sink and counter
                                                                           area shall be 30 inches minimum;
5:23-7.80 Platform lifts
                                                                              ii. (No change.)
  (a) Platform lifts shall:
                                                                              iii. [Base cabinets, if provided, shall be removable under the full
  I. Accommodate an occupied wheelchair. [See Figure 7.80.] For
                                                                           30 inch minimum frontage of the sink and surrounding counter.] The
vertical lifts, the platform shall be at least 30 inches in width and 48
                                                                           finished flooring shall extend under the counter to the wall;
inches in length. For inclined lifts, the platform shall he at least 28
                                                                              iv, (No change.)
inches in width and 35 inches in length.
                                                                              v. A clear floor space 30 inches by 48 inches shall allow forward
  AGENCY NOTE: Figure 7.80, not reproduced herein, is proposed             approach to the sink. Nineteen inches maximum of the clear floor
for deletion.                                                              space may extend underneath the sink. The knee space shall have
  2.-4. (No change.)                                                       a minimum clear width of 30 inches and a clear depth of 19
5:23-7.81 Technical criteria for platform lifts                            inches. NOTE: The measurement of knee space assumes the removal
  (a)-(c) (No change.)                                                     of base cabinets;
  (d) [Guarding] For vertical lifts, guarding around the lift shall be        vi. (No change.)
provided as follows:                                                       5:23-7.96 Adaptable units: bathrooms
   1.-2. (No change.)
                                                                             (a) Each bathroom required to be adaptable shall be on an ac-
  (e) through (I) (No change.)
                                                                           cessible route and shall meet the requirements of this section.
5:23-7.82 Drinking fountains and water coolers                               [I. Doors shall not swing into the clear floor space required for
  (a) through (b) (No change.)                                             any fixture.]
  (c) Water spouts on accessible drinking fountains shall:                   Renumber 2.-5. as 1.-4. (No change in text.)
   I. Be mounted [no higher than] three feet above the finished floor,
                                                                           5:23-7.97 Adaptable units: consumer information
measured to the water outlet of the spout:
                                                                             (a) To ensure that the existence of adaptable features will be
  3. (No change.)
                                                                           known to the owner or occupant of a dwelling, the following con-
  (d) (No change.)
                                                                           sumer information shall be provided in each [accessible] adaptable
5:23-7.87 Assembly areas                                                   dwelling unit for rent or sale:
  (a) Assembly areas, such as auditoriums and other similar assembly         1.-5. (No change.)
areas, which provide fixed seating for viewing a performance or event
shall comply with this section. Assembly areas shall provide the
number of accessible viewing position as specified in Table 7.87.
   1.-3. (No change.)
5:23-7.88 Mercantile-fitting/dressing rooms
   In each department (for example, sportswear, swimsuits, lingerie,
etc.) where fitting rooms are provided, at least one fitting/dressing
room shall be made accessible and a size five feet by five feet (mini-
mum) with [a clear opening of 43 inches minimum] an entrance having
a clear opening complying with N.J.A.C. 5:23-7.42 through 7.46.
[Hardware on fitting room doors shall comply with NJ.A.C.
5:23-7.46.]
(CITE 21 N.J.R. 2782)                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                 You're viewing an archived copy from the New Jersey State Library.
PROPOSALS                                             Interested Persons see Inside Front Cover                          COMMUNITY AFFAIRS

                                                                                 Code officials and representatives of the Department of Education have
                                   (a)                                         been confused by the code section's apparent intent but incomplete refer-
                                                                               ence.
OIVISION OF HOUSING AND DEVELOPMENT                                              This amendment should prevent further confusion with regard to this
Uniform Construction Code                                                      matter.
Educational Facility Use Group                                                                              Social Impact
Proposed Amendment: N.J.A.C. 5:23-3.5                                            There is no anticipated substantive social impact from this clerical
                                                                               amendment. It is intended to update an incomplete reference in the code
Authorized By: Anthony M. Villane Jr., D.D.S., Commissioner,
                                                                               which has caused confusion among enforcement officials.
  Department of Community Affairs.
Authority: N.J.S.A. 52:27D-123.                                                                           Economic Impact
Proposal Number: PRN 1989-449.                                                    There is no anticipated economic impact from this clerical amendment.
                                                                               What is required by the code section is similarly required by N.J.A.C.
  Submit comments by October 5, 1989 to:
                                                                               5:18-3.2, Article 1500 (F·1500.4), of the New Jersey Uniform Fire Code.
        Michael L. Ticktin, Esq.
                                                                               It is assumed that most educational facilities are already complying with
        Administrative Practice Officer
                                                                               the substance of this requirement.
        Department of Community Affairs
        CN 802                                                                                     Regulatory Flexibility Analysis
        Trenton, New Jersey 08625                                                This clerical amendment has no differential effect on large and small
The agency proposal follows:                                                   businesses, and in fact, does not present any new requirements for which
                                                                               there would be a cost for compliance.
                                 Summary
   When the original text of the rules for the State Uniform Construction        Full text of the proposal follows (additions indicated in boldface
Code was written in 1977,it was based on references to the 1978Edition         thus):
of the BOCA Building Code. Under that edition of the code, educational
                                                                               5:23-3.5 Posting structures
facilities were categorized as "A·4," a type of assembly building, there
being no category of buildings specific to those used for education.              (a) (No change.)
   Because educational facilities were found to differ from other types of        (b) Posted occupancy load: Every building and structure and part
"assembly uses" (movies, theatres, convention halls, night clubs, etc.),       thereof designed for use as a place of public assembly or as an
a new E Use Group for educational facilities was developed. It appears         institutional building for harboring people for penal, correctional,
in the 1984 Edition of the BOCA Building Code and is in the current            educational, medical or other care or treatment (use groups A, E and
1987 Edition (with 1988 and 1989 supplements).                                 I) shall be posted with an approved placard designating the maximum
   The text of N.J.A.C. 5:23·3.5(b), adopted in 1977, purports to apply        occupancy load.
to educational buildings, but does not include a reference to the E Use           (cj-Ie) (No change.)
Group. The code section was never amended when the E Use Group was
created and thus the text is inconsistent with other provisions of the Code.




                                       NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                      (CITE 21 N,J.R. 2783)
                                  You're viewing an archived copy from the New Jersey State Library.
BANKING                                                                                                                                  ADOPTIONS

                                     RULE ADOPTIONS
                            BANKING                                                                     EDUCATION
                              (a)                                                                          (b)
DIVISION OF BANKING                                                            STA'rE BOARD OF EDUCATION
Notice of Administrative Correction                                            Substance Abuse
Check Cashing Facilities                                                       Adopted Amendments: N.J.A.C. 6:29-9
Conduct of Business                                                            Proposed: June 19, 1989 at 21 N.J.R.1603(a).
N.J.A.C. 3:24-5.1                                                              Adopted: August 2, 1989 by Saul Cooperman, Commissioner,
  Take notice that the Department of Banking, Division of Banking, has            Department of Education; Secretary, State Board of
discovered several spelling errors in the Spanish-language sign text re-          Education.
quired, pursuant to N.J.A.C. 3:24-5.I(a)I, to be posted in all check           Filed: August 14, 1989 as R.1989 d.480, with substantive and
cashing facilities. This notice of administrative correction is published in      technical changes not requiring additional public notice and
accordance with NJ.A.C. 1:30-2.7(a)1.                                             comment (N .J.A.C. 1:30-4.3).
  Full text of the corrected rule follows (additions indicated in              Authority: N.J.S.A. 18A:I-I, 18A:4-1O, 18A:4-15, 18A:40A·I,
boldface thus; deletions indicated in brackets [thus]):                           18A:40A-2, 18A:40A-4, 18A:40A·10, 18A:40A-II,
3:24-5.1 Conduct of business                                                      J8A:40A-12, 18A:40A-13, 18A:40A-14, 18A:40A-15 and
  (a) Every licensee shall:                                                      42 CFR 2.
   I. Post and at all times display in a conspicuous place on the              Effective Date: September 5, 1989.
premises the license and also the schedule of rates to be charged.             Expiration Date: March 25, 1990.
  i. The Department of Banking shall provide signs to each licensed
                                                                               Summary of Public Comments and Agency Responses:
check casher which shall be posted in the licensed premises. The
                                                                                  Two letters with comments were received; one individual spoke at the
Department of Banking shall determine the number of signs which                public testimony opportunity. A summary of their comments and agency
shall be posted and shall designate those areas in the check cashing           responses follows:
facility where these signs shall be displayed. These signs shall be in            COMMENT: One individual submitted the following comments:
both the English and Spanish languages. The contents of the signs                  I. Has N.J.A.C. 6:29-9.4 been omitted from the Code since it did nol
shall be as follows, except that different language may be mandated            appear in the New Jersey Register?
by the Department as it deems necessary to accomplish the purpose                 2. The definition of treatment (N.J.A.C. 6:29-9.2) should remain as i.
of this chapter:                                                               is in the existing version.
  (No change in English-language sign text.)                                      3. NJ.A.C. 6:29-9.5(a)8, which states that refusal or failure by a parent
                                                                               to comply with the provisions of NJ.S.A. 18A:40A-12 shall be deemed
      CASAS DE CAMBIO CON [LICENSIA] LICENCIA                                  a violation of compulsory attendance, should be eliminated.
                        DEL ESTADO                                                 RESPONSE: The response by the Department to these comments is
    TARIFAS MAXIMAS CUAL DEBE SER COBRADAS                                     the following:
               CHEQUES DE NUEVA JERSEY                                             I. No, NJ.A.C. 6:29-9.4 has not been omitted from the Code. That
              J% DEL TOTAL DE SU CHEQUE                                        section had no changes and, therefore, was not printed in the New Jersey
Ejemplo:                                                                       Register.
  Cheques de Nueva Jersey           $300.00                                        2. The change in structure of the definition of treatment was made to
  Tarifa maxima                     $ 3.00    1%                               move that part of the definition which was regulatory in nature to a more
  Restante de su cheque             $297.00                                    appropriate section of the chapter (NJ.A.C. 6:29-9.3(c)5).
                                                                                   3. Failure by a parent or guardian to obtain the second physician's
     CHEQUES [FUETA] FUERA DE NUEVA JERSEY                                     report required by NJ.S.A. 18A:40A-12 results in pupil non-attendance
             IY2% DEL TOTAL DE SU CHEQUE                                       at school. N.J.A.C. 6:29-9.5(a)8 clarifies the statutory implications of this
Ejemplo:                                                                       sequence of events.
  Cheques fuera de Nueva Jersey      $300.00                                       COMMENT: One organization submitted the following question:
  Tarifa maxima                      ~       Ilh%                                  Does the language in N.J.A.C. 6:29-9.3(c)5 regarding appropriate treat-
  Restante de su cheque              $295.50                                   ment providers include licensed school psychologists?
                                                                                   RESPONSE: Yes, the language at N.J.A.C. 6:29-9.3(c)5 regarding ap-
   [Cuendo] Cuando cambie su cheque debe recibir un RECIBO el                  propriate treatment providers does include certified school psychologists
cual diga: el nombre de la casa de cambio, [mumbero] numero de                  if they are also trained in alcohol and other drug abuse prevention.
cajera, [decuanto] de cuanto fue su cheque, la tarifa que usted pago,              COMMENT: One individual spoke at the public testimony opportuni-
y cuanto recibio usted en efectivo.                                             ty. His position was the following:
   Si usted tiene alguna queja 0 problema 0 si no recibio un recibo,               A person's religious understanding is the root of substance abuse.
lIame gratis al 1-800-421-0069.                                                Therefore, taxpayers' monies should not be used for substance abuse
                           Departmento de Bancos                               counseling and rehabilitation. It is a violation of the separation of church
                                   CN 040                                       and state.
                          Trenton, New Jersey 08625                                RESPONSE: The decision to use or not use substances relies on a host
                       Casa de Cambio (               _                         of precipitating psychosocial factors. Most important, however, is the fact
                     Numero de Referencia               _                       that a student under the influence of substances is physically and mentally
                                                                                unable to perform in school. N.J.S.A. 18A:40A-IO compels districts to
   ii-iii, (No change.)
                                                                                provide intervention services to alcohol and other drug affected students.
   2.-8. (No change.)
   (b) (No change.)                                                             Agency Initiated Changes
                                                                                   Throughout the subchapter, the Department has changed the words
                                                                                "drug and alcohol" to the more accurate "alcohol and other drug." At
                                                                                N.J.A.C. 6:29-9.3(c)5, certified substance awareness coordinators have
                                                                                been added as acceptable treating individuals in order to parallel the
                                                                                requirement for assessors in N.J.A.C. 6:29-9.3(c)4iii. Various technical
                                                                                changes were also made.

(CITE 21 N.J.R. 2784)                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                              You're viewing an archived copy from the New Jersey State Library.
ADOPTIONS                                                                                                                          EDUCATION

SUBCHAPTER 9.         SUBSTANCE ABUSE                                         ii. Referral to a community agency approved by the County Local
                                                                           Advisory Council on Alcoholism and Drug Abuse or the State De-
6:29-9.1 Purpose                                                           partment of Health;
  These rules are designed to provide *[guidance to]* *standards for*         iii. Providing support services for pupils who are in care or return-
district boards of education in their development of policies and          ing from care for *[drug and]* alcohol *and other drug* dependency;
procedures to evaluate and treat pupils who have alcohol and *other*
                                                                           and/or
drug*[-]*related problems in the school setting.                              iv, A special class or course designed to meet the needs of pupils
6:29-9.2 Definitions                                                       with *[drug or]* alcohol *or other drug* use problems;
  The following words and terms, when used in this subchapter, shall         6. Procedures for cooperating with law enforcement drug oper-
have the following meanings unless the context clearly indicates           ations and activities on or near school property in accordance with
otherwise:                                                                 the provisions established in N.J.A.C. 6:3-6; and
  "Evaluation" means those procedures used to determine a pupil's             7. Provisions for the establishment of parent/guardian substance
need for an educational program or treatment which extends beyond          abuse educational programs offered at times and places convenient
the regular school program by virtue of the use of alcohol or other        to the parents of the district on school premises or other facilities.
drugs by the pupil or the pupil's family.                                     (d) The policies and procedures for the evaluation and treatment
  "Treatment" means those programs and services offered to help            of *[drug and]* alcohol *and other drug-*affected pupils developed
a pupil because of the use of alcohol or other drugs by the pupil          under this section shall be reviewed and approved by the Department
or the pupil's family.                                                     of Education.
6:29-9.3 Adoption of policies and procedures                               6:29-9.4 Review and availability of policies and procedures
  (a) (No change.)                                                           (a) Each district board of education shall establish an annual
  (b) In adopting and implementing policies and procedures for the         process to review the effectiveness of its alcohol and *other* drug
evaluation and treatment of *[drug or]* alcohol *or other drug-*           policies and procedures. The district board of education shall solicit
affected pupils, district boards of education shall:                       community input as well as consult with local agencies recommended
   I. Consult with local agencies recommended by the State Depart-         by the State Department of Health in the review process.
ment of Health; and                                                          (b) "[Drug and alcohol]* *Alcohol and other drug* policies and
   2. Provide for compliance with the confidentiality requirements         procedures for discipline, evaluation, and treatment of pupils shall
established in Federal regulations found at 42 CFR Part lI.                be made available annually to all school staff, pupils, and parents
   (c) *[Drug and alcohol]" *Alcohol and other drug* policies of           or guardians.
district boards of education shall include, but not be limited to, the
                                                                           6:29-9.5 Reporting, notification and examination procedures
following components:
                                                                              (a) In instances involving alcoholic beverages, controlled danger-
   I. The roles of appropriate school staff when handling a variety
                                                                           ous substances or any chemical or chemical compound as identified
of possible *[drug or]* alcohol *or other drug-*related situations
                                                                           in NJ.A.C. 6:29-9.3(a), the following shall apply:
involving pupils on school property or at school functions;
                                                                              I. Any professional staff member to whom it appears that a pupil
   2. Specific procedures, sanctions and due process provisions for
                                                                           may be under the influence of alcoholic beverages or *other* drugs
violations of the *[drug and]* alcohol *and other drug* policy requir-
                                                                           on school property or at a school function shall report the matter
ing disciplinary action by the district board of education. The sanc-
                                                                           as soon as possible to the school nurse or medical inspector and the
tions should be graded according to the severity of the offense;
                                                                           principal.
   3. Specific procedures to govern instances where emergency room
                                                                              i. In the absence of the principal, his or her designee shall be
services are required in treating alcohol or *other* drug*-*affected
                                                                           notified*[.]**; and*
pupils;
                                                                              ii. (No change.)
   4. The provision of evaluation services for pupils who are affected
                                                                              2.-5. (No change.)
by *[drug or]* alcohol *or other drug* use. These services shall
                                                                              6. If the written report of the medical examination is not submitted
include any of the following:
                                                                           to the parent or guardian *[and]* *,* principal and chief school
   i. Examination by a physician for the purpose of diagnosing
                                                                           administrator within 24 hours, the pupil shall be allowed to return
whether the pupil is under the influence of alcohol and/or other
                                                                           to school until such time as a positive diagnosis of alcohol or other
drugs;
                                                                           d rug use is recei ved.
   ii. Evaluation by the child study team to determine a pupil's
                                                                              7. If there is a positive diagnosis, from the medical examination,
eligibility for special education and/or related services when the pupil
                                                                           indicating that the pupil is under the influence of alcoholic beverages
has been identified as potentially educationally handicapped;
                                                                           or *other* drugs, the pupil shall be returned to the care of a parent
   iii. Assessment by individuals who are certified by the New Jersey
                                                                           or guardian as soon as possible. Attendance at school shall not
State Board of Examiners as substance awareness coordinators or
                                                                           resume until a written report has been submitted to the parent or
by individuals who are appropriately certified by the New Jersey
                                                                           guardian of the pupil, the principal and chief school administrator
State Board of Examiners and trained in alcohol *[and]* *and other*
                                                                           from a physician who has examined the pupil to diagnose alcohol
drug abuse prevention; and/or
                                                                           or *other* drug use. The report shall certify that substance abuse no
   iv, Referral to a community agency approved by the County Local
                                                                           longer interferes with the pupil's physical and mental ability to per-
Advisory Council on Alcoholism and Drug Abuse or the State De-
                                                                           form in school. In addition, the staff member shall complete the
partment of Health*[.]**;*
                                                                           Violence, Vandalism and Substance Abuse lncident Report.
   5. The provision of treatment services for pupils who are affected
                                                                              8. Refusal or failure by a parent to comply with the provisions
by *[drug or]* alcohol *or other drug* use. Treatment shall be
                                                                           of N.J.S.A. l8A:40A-12 shall be deemed a violation of the com-
provided by individuals who are *certified by the New Jersey State
                                                                           pulsory education (N.J.S.A. 18A:38-25 and 18A:38-31) and/or child
Board of Examiners as substance awareness coordinators or by individ-
                                                                           neglect (N.J.S.A. 9:6-1 et seq.) laws.
uals who are* appropriately certified by the New Jersey State Board
                                                                              9. While the pupil is at home because of the medical examination
of Examiners and trained in alcohol *[or]* *and other* drug abuse
                                                                           or after his or her return to school, the school may require additional
prevention. These programs and services shall include any of the
                                                                           evaluation for the purpose of determining the extent of the pupil's
following:
                                                                           alcohol or *other* drug use and its effect on his or her school
   i. Provisions for a program of instruction, counseling and related      performance.
services provided by the district board of education while a pupil is
                                                                              10. The district's policy shall provide for the evaluation and treat-
receiving medical or therapeutic care for a diagnosed *[drug or]*
                                                                           ment of pupils whose use of alcohol and other drugs has affected
alcohol *or other drug* dependency problem;
                                                                           their school performance or who possess or consume alcohol or
                                                                           *other* drugs in school or at school functions.


                                    NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                     (CITE 21 N.J.R. 2785)
EDUCATION                       You're viewing an archived copy from the New Jersey State Library.
                                                                                                                                   ADOPTIONS

  II. Any staff member who reports a pupil to the principal or his         by (a) and (b) above, shall be provided appropriate instructional
or her designee in compliance with the provisions of this subsection       services according to the district's basic skills improvement plan,
shall not be liable in civil damages as a result of making such a report   pursuant to N.J.S.A. 18A:7A-6.
as specified in N.J.S.A. 18A:40A-13 and N.J.S.A. 18A:40A-14.                  I. A waiver of this requirement may be granted if the program
                                                                           of needs assessment conducted pursuant to N.J.A.C. 6:8-7.I(b)1 and
6:29-9.6 Curriculum and instruction
                                                                           4 clearly demonstrates such enrollment is unnecessary as certified by
   (a) Each school district having kindergarten through sixth grades
                                                                           the chief school administrator.
shall incorporate into its curriculum at each grade level *[drug and]*
alcohol *and other drug* education appropriate for the pupil's age         6:39-1.4 Dissemination of information
and maturity, in accordance with Department of Education Chemical             (a) Dissemination of information procedures relative to basic skills
Health Guidelines *pursuant to N.J.S.A. 18A:40A-l*. These guide-           proficiency in reading, writing, and mathematics as measured by the
lines are available through the New Jersey State Department of             High School Proficiency Test (HSPT) shall be as follows:
Education, 225 West State Street, CN 500, Trenton. New Jersey                 1.-2. (No change from proposal.)
08625.                                                                        3. Rosters of pupil performance for tests developed by the Depart-
   (b) Each school district having seventh through twelfth grades          ment of Education shall be distributed to chief school administrators,
shall incorporate into its curriculum at each *seventh through twelfth*    as indicated in (a)2 above, in such a manner as to provide a 3D-day
grade level a minimum of 10 clock hours per school year of *[drug          interpretation period prior to reporting to the district board of educa-
and]* alcohol *and other drug* education in accordance with Depart-        tion and to the public. Following this 3D-day period. the Com-
ment of Education Chemical Health Guidelines", pursuant to                 misioner shall make available to the public reports about each district
N.J.S.A. 18A:40A-l*.                                                       which at a minimum shall list the number of pupils tested and
                                                                           percentage of pupils at or above the established levels of pupil profl-
                                                                           ciency:
                                  (a)                                         i. By grade and by test for tests developed by the Department; and
                                                                              ii. By grade*[,]* for certain other tests administered by each dis-
STATE BOARD OF EDUCATION                                                   trict, as deemed appropriate by the Commissioner.
Statewide Assessment                                                          4.-9. (No change.)
                                                                              (b) Dissemination of information procedures relative to the State-
Readoption with Amendments: N.J.A.C. 6:39-1
                                                                           wide tests of the core course proficiencies identified in N.J.A.C.
Proposed: June 19, 1989at21 N.J.R.1605(a).                                 6:39·I.3(a) shall be as follows:
Adopted: August 2, 1989 by Saul Cooperman, Commissioner,                       I. Notwithstanding the provisions of N.J.A.C. 6:3·2, individual
   Department of Education; Secretary, State Board of                      pupil data shall be released *only* to the pupil, his or her parent(s)
   Education.                                                              or legal guardian, and school personnel and school officials deemed
Filed: August 14, 1989 as R.1989 d.479, with substantive and               appropriate by the Commissioner.
   technical changes not requiring additional public notice and               2.-6. (No change.)
   comment (see N.J.A.C. 1:30-4.3).
Authority: NJ.S.A. 18A:4-15, 18A:4-24, and 18A:7 A-I et seq.
Effective Date: August 14, 1989, Readoption; September 5,1989,                 ENVIRONMENTAL PROTECTION
   Amendments.
Expiration Date: August 14, 1994.                                                         (b)
Summary of Public Comments and Agency Responses:
  No comments received.
                                                                           DIVISION OF WATER RESOURCES
  Upon adoption, the Department has added the word "only" to               Notice of Rule Invalidity
NJ.A.C. 6:39-1.4(b)1 for clarification, and deleted an unnecessary         Water Supply Critical Areas; General
comma in N.J.A.C. 6:39-1.4(a)3ii.                                          Reduction of PriVilege to Withdraw Water
   Full text of the readoption can be found in the New Jersey Admin-       N.J.A.C. 7:19-6.10(c) and (d)2
istrative Code at N.J.A.C. 6:39-1.                                            Take notice that the Superior Court of New Jersey, Appellate Division,
  Full text of the amendments follows (additions to proposal in-           in In the Maller of Water Supply Critical Area No.2, 233 N.J. Super.
dicated in boldface with asterisks *thus*; deletions from proposal         280 (App. Div. 1989), held invalid N.J.A.C. 7:19-6.100c) and (d)2, which
indicated in brackets with asterisks *[thus]*).                            provided that the Department of Environmental Protection, acting on
                                                                           its own without the need for a gubernatorial declaration of a water supply
6:39-1.1 Authority of the Commissioner                                     emergency, may reduce the privilege given to users to withdraw water
  (a) (No change.)                                                         under certain circumstances. "[ w]ithin water supply critical areas of the
  (b) All such means, tests. if determined to be appropriate by the        type described in [N.J.A.C. 7:19-6.IO(a)l, 2 and 3]," respectively.
Commissioner, and examinations to be administered pursuant to this            The decision found these provisions to be without statutory authority.
section shall be conducted by all operating school districts in New        The Water Supply Management Act of 1981, NJ.S.A. 58:IA-1 to 17,
Jersey and shall meet the State criteria.                                  empowers the Commissioner of the Department of Environmental
  (c)-(d) (No change.)                                                     Protection during the duration of a state of water emergency to order
                                                                           any user or distributor to reduce by a specified amount the use or
6:39-1.2 Levels of pupil proficiency                                       distribution of any water supply. The Court concluded that the Com-
   (a) The State Board of Education, after consultation with the           missioner "may exercise this power only after the Governor acts by
Commissioner, shall establish uniform Statewide levels of pupil profi-     executive order and declares a state of water emergency". As the rule
ciency in reading, writing and mathematics skills on the Statewide         provisions did not require that such a state of water emergency be de-
assessment instruments pursuant to N.J.S.A. 18A:17A-6 and for              clared before water usage reductions could be ordered, the Court held
assessments in those grades required for district certification.           them invalid for lack of statutory authority.
   (b) For other grades that are not administered the Statewide               This notice is provided by the Office of Administrative Law pursuant
assessment instruments and are not considered for district certifica-      to N.J.A.C. 1:30-1.13.
tion, the Department of Education shall establish equivalent stan-
dards of pupil proficiency on tests which meet State criteria and
measure performance in reading, writing and mathematics skills.
   (c) All pupils performing below the established levels of pupil
proficiency in reading, writing and mathematics skills, as determined

(CITE 21 N.J.R. 2786)                NEW JERSEY REGISTER, TUESDAY. SEPTEMBER 5, 1989
                                                    You're viewing an archived copy from the New Jersey State Library.
 DOPTIONS                                                                                                                                        HEALTH

                              HEALTH                                                                                 (b)
                                (a)                                               HOSPITAL REIMBURSEMENT
                                                                                  Procedural and Methodological Regulations
 OSPITAL REIMBURSEMENT                                                            Reconciliation: Hospitals
 rocedural and Methodological Regulations                                         Adopted Amendment: N.J.A.C. 8:31B-3.73
 ommission Fees                                                                   Proposed: June 19, 1989 at 21 N.J.R.1606(b).
 dopted Amendment: N.J.A.C. 8:31B-3.66                                            Adopted: August II, 1989 by Molly Joel Coye, M.D., M.P.H.,
 -oposedJune 19, 1989at21 N.J.R.1606(a).                                             Commissioner, Department of Health (with approval of the
 dopted: August 11,1989 by Molly Joel Coye, M.D., M.P.H.,                            Health Care Administration Board).
  Commissioner, Department of Health (with approval of the                        Filed: August 14, 1989 as R.1989 d.471, with a technical change
  Health Care Administration Board).                                                 not requiring additional public notice and comment (see
 .led: August 14, 1989 as R.1989 d.472, without change.                              N.J.A.C. 1:30-4.3).
 uthority: N.J .S.A. 26:2H-I et seq., specifically 26:2H-5b and                   Authority: N.J.S.A. 26:2H-1 et seq., specifically 26:2H-5b and
  26:2H-18d.                                                                         26H:2H-18d.
 ffective Date: September 5, 1989.                                                Effective Date: September 5, 1989.
 xpiration Date: October 15, 1990.                                                Expiration Date: October 15, 1990.
   nnmary of Public Comments and Agency Responses:                                Summary of Changes Upon Adoption:
    COMMENTER: St. Joseph's Hospital and Medical Center                             The Department has made clear that the authority to approve adjust-
    COMMENT: The Department proposes to change the Hospital Rate                  ments rests with the Hospital Rate Setting Commission rather than the
  .tting Commission's fee from a ceiling of $2.00 to $5.00 per adjusted           Department.
  Imission. The actual fee would be proposed to the Commission based              Summary of Public Comments and Agency Responses:
  I projected expenses associated with the hospital rate setting system.
                                                                                      COMMENTERS: Christ Hospital; Cohen, Shapiro, Polisher,
  Ithough the commenter feels that a 150 percent increase in the ceiling          Shiekman, and Cohen,' on behalf of Bergen Pines County Hospital; New-
   te is significant, it is their understanding that the Commission will likely   comb Medical Center; and Wayne General Hospital
  'oject its fees below the proposed ceiling.                                         COMMENT: The commenters requested clarification of NJ.A.C.
    RESPONSE: As referenced by the commenter, the actual fee charged              8:31B-3.73(a)5ii, which states, "The Department of Health may limit rate
  ill be determined by the Hospital Rate Setting Commission and will              adjustments if a hospital has not demonstrated a good faith effort to
  : based on the reasonable costs of operating an all payer hospital rate          obtain from Medicare the appropriate level of reimbursement." Specific
   tting system. It is anticipated that the fee for 1990 will be below the         requests are:
  'oposed ceiling.                                                                    I. Definitions of "good faith effort" and "appropriate level of reim-
    COMMENTER: U.S. Health Care                                                   bursement."
    COMMENT: U.S. Health Care opposes the amendment as proposed.                      2. Detail about how the Department will determine if such an effort
    concern was expressed that health care costs have continued to rise           has been exercised by the hospital.
    New Jersey, despite the existence of the Hospital Rate Setting Com-               3. Detail about the method to be used by the Department to arrive
   ission. The proposed amendment represents a significant actual dollar          at the amount for limiting rate adjustments.
  tpact on HMO-NJ. The adoption of the proposed amendment defeats                     4. Clarification of authority to approve such adjustments.
 re purpose of managed health care, which is to control costs.                        RESPONSE: I. The intent of NJ.A.C. 8:3IB-3.73(a)5ii is to en-
    RESPONSE: The Department of Health believes that the existence of             courage hospitals to collect all of the Medicare revenue to which they
 re all payer hospital rate setting system in New Jersey has helped to            are entitled. This means: all allowed Medicare reimbursement, such as
  mtrol costs. New Jersey hospital costs are estimated to be quite low             Medicare bad debt; disproportionate share adjustments and excluded unit
 impared to the average hospital cost in other states, as referenced in           status where appropriate; PPS appeals; and pass-throughs such as capital
 re Association's 1988 Annual Report: " ... the rate of increase in New           and medical education. Pursuit of all available channels to receive ap-
 irsey hospital costs has been among the lowest nationwide: From                  propriate Medicare reimbursement is encouraged, to protect the remain-
 )81-86 New Jersey hospitals ranked 44th of all states and D.C. in rate           ing payers who participate in Chapter 83 from having Medicare reim-
 f overall cost increases." The goal of the rate setting system is to control     bursable costs shifted to them.
 ists, which is consistent with the expressed desires of U.S. Health Care             2. The Department will determine if hospitals have exercised a good
 ; well as other payers.                                                          faith effort to obtain Medicare reimbursement by reviewing documenta-
   New Jersey's acute care hospital industry represents approximately $5           tion provided by the hospital, Health Care Financing Administration, and
 illion per year in health care expenditures which are regulated by the           the fiscal intermediary.
 iepartment.                                                                          3. The Final Reconciliation Methodology, to be approved by the Hos-
   The maximum amount of revenue which could potentially be generated             pital Rate Setting Commission, shall specify the means of determining
y an increase in the Hospital Rate Setting Commission fee ceiling to              areas where such good faith efforts have not been applied.
ie $5.00 level would represent no more than .1 percent of the total health            4. The Department concurs that the authority to approve such adjust-
He expenditures in the State. This is a small percentage of costs, when           ments rests with the Hospital Rate Setting Commission. The regulatory
ornpared to the accrued benefits of an effective cost containment system.         language has been changed to reflect this.
'he anticipated minor increase in cost to payers, related to this amend-              COMMENTERS: Newcomb Medical Center, Wayne General Hospi-
lent, is significantly less than the costs that payers would potentially bear     tal
I the absence of any cost containment system.
                                                                                      COMMENT: The proposed amendment does not address the mechan-
 Full text of the adoption follows.                                               ism for cash flow relief for any Medicare inpatient shortfalls.
                                                                                      RESPONSE: The cash flow mechanism is separate from, but as-
:] IB-3.66 Commission fees                                                        sociated with, final reconciliation. The recognition of Medicare payment
 (a) A charge of up to $5.00 per adjusted admission, as defined by                differences as an element of final reconciliation allows for cash flow
ie American Hospital Association, for each adjusted admission in                  adjustments during the rate year. The Department believes that authority
ie year of the current cost base, shall be assessed each institution              for such adjustments is provided at N.J.A.C. 8:31B-3.71. In accordance
ir which the Commission determines a preliminary cost base.                       with cash flow procedure, the Medicare Shortfall Cash Flow Method-
 (b) (No change.)                                                                 ology was approved by the Hospital Rate Setting Commission on April
                                                                                  19, 1989 and has already been implemented.
                                                                                     COMMENTER: Wayne General Hospital
                                                                                     COMMENT: "The proposed regulation deals with discharges (inpa-
                                                                                  tients) after January 1, 1989. How will the Department deal with shortfalls

                                        NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989                                          (CITE 21 N.J.R. 2787)
                                 You're viewing an archived copy from the New Jersey State Library.
HEALTH                                                                                                                                 ADOPTION~

on Medicare outpatients that hospitals may experience during a particular         5. Nonparticipating payers: For discharges after January I, 1985
year?"                                                                          to the extent that payments made by or on behalf of Medicar
   RESPONSE: The Department previously developed a separate meth-               patients are different than Commission-approved revenues for a rat
odology to address outpatient shortfalls which is intended to be continued      year, the Hospital Rate Setting Commission will adjust rates to assur
in 1989.                                                                        that New Jersey hospitals will continue to receive their approve
   COM MENTER: St. Joseph's Hospital and Medical Center                         revenues.
   COMMENT: "Medicare's inclusion of Graduate Medical Educa-                      i. For purposes of final reconciliation, Medicare revenue will b
tion/Severity and Disproportionate Share Adjustment are components
                                                                                defined as revenue accrued during the rate year including deductible:
not found in Chapter 83. As such, it is our opinion that these adjustments
should be retained by the Hospital and not carved out of net revenue            coinsurance, and all pass-through reimbursement such as direc
collected from Chapter 83."                                                     teaching and capital, as adjusted by the Notice of Program Reiff
   RESPONSE: It would be inappropriate to include some, but not all,            bursement (NPR) issued by the fiscal intermediary at final settle men
components of Medicare revenue when comparing payment differences                  ii. The *[Department of Health]* *Hospital Rate Setting COR
between Chapter 83 and Medicare. Graduate Medical Education/Severity            mission* may limit rate adjustments if a hospital has not demor
are indeed recognized in Chapter 83 through a continuous GME method-            strated a good faith effort to obtain from Medicare the appropriat
ology recently adopted, through an updated GROUPER, and through                 level of reimbursement.
the recognition of case-mix that is built into the DRG system. Equity              6. To the extent that Medicare payments for the 1986, 1987 an
dictates that if Medicare shortfalls are restored to hospitals, the scarce      1988 rate years are different than Commission-approved revenue:
areas of Medicare overpayment should also be netted against Chapter             due to Gramm-Rudman-Hollings mandated reductions, the Hospits
83 reimbursement.                                                               Rate Setting Commission will adjust rates to assure that New Jerse
   COMMENTER: Touche Ross & Co.                                                 hospitals will receive their approved revenues for those rate year:
   COMMENT: The following comment refers to N.J.A.C.                            For purposes of final reconciliation, rate year Medicare revenue wi
8:31 B-3.73(a)5:                                                                be defined as in N.J.A.C. 8:3IB-3.73(a)5i above.
   "This section should be expanded to include, not only the rate year
revenue, but also, commission-approved revenue for prior year Final
Reconciliations."
   RESPONSE: NJ.A.C. 8:3IB-3.73(a)6 provides for adjustments                                   HIGHER EDUCATION
necessitated by Gramm-Rudman-Hollings mandated reductions for rate
years prior to 1989. Such reductions will be recognized in the final                                  (a)
reconciliation process for 1986, 1987, and 1988. Any resulting under or
over collections would continue to be treated in future years' rates as         BOARD OF DIRECTORS OF EDUCATIONAL
adjustments to participating payers.                                              OPPORTUNITY FUND
   COM MENTER: Blue Cross                                                       Financial Eligibility for Undergraduate Grants
   COMMENT: The Appellate Division, in New Jersey Hospital Ass'n
v. New Jersey State Dep't of Health. 227 N.J.Super. 557 (App. Div. 1988),       Adopted Amendment: N.J.A.C. 9:11-1.5
remanded this issue to the Hospital Rate Setting Commission to review           Proposed: June 5,1989 at N.J.R. 1489(a).
restoration of the Gramm-Rudman-Hollings reductions on a case by case           Adopted: August II, 1989 by the Board of Directors of the
basis. This regulation is neither appropriate nor necessary.                       Educational Opportunity Fund, Judith Cambria, Chairperson
   RESPONSE: The Department has been advised by the Attorney Gen-
eral's Office that a rule is required to conform with the specific directives   Filed: August 14, 1989 as R.1989 d.468, with a suhstantive change
of the Appellate Division. According to the Attorney General's Office,             not requiring additional public notice and comment (see
 the express language of the court's decision repeatedly provides that             N J .A.C. 1:30-4.3).
 rulemaking procedures must be invoked on remand. Therefore, this rule          Authority: NJ.S.A. 18A:71-33.
 has been proposed and adopted by the Department, pursuant to the               Effective Date: September 5, 1989.
 rulemaking powers in N.J.S.A. 26:2H-5(b), 26:2H-18 and 26:2H-18.1.
                                                                                Expiration Date: April 17, 1994.
   COMMENTER: Health Insurance Association of America
   COMMENT: There should be no across-the-board restorations of the             Summary of Public Comments and Agency Responses:
 Gramm-Rudman-Hollings reductions to hospital rates. The reductions                No comments were received.
 have been adequately addressed through restoration of the un-                     The Board is changing the effective academic year for the grants se
compensated care portion and allowance for individual appeals.                  forth within this section to reflect their applicability to the upcomin
   RESPONSE: It is the Department's interpretation of the Appellate             academic year. The academic year originally listed in the proposal wa
 Division's decision that the record did not establish any basis for reducing   erroneously stated.
 hospital rates by the amount of the Gramm-Rudman-Hollings reduction,
especially because the rates had initially been approved by the Hospital          Full text of the adoption follows (additions to proposal indicate.
 Rate Setting Commission. Given the presumption that the rates as set           in boldface with asterisks *thus*; deletions from proposal indicate.
 by the Hospital Rate Setting Commission are reasonable, the Department         in brackets with asterisks *[thus]*).
 believes that the reductions cannot be justified by any existing principles
 of the rate setting system as established by statute and therefore rec-        9: 11- I.5 Financial eligibility for undergraduate grants
 ommends that they be restored, as proposed and adopted by this rulemak-           (a) A dependent student is financially eligible for an initial E.O.F
ing.                                                                            grant if the gross income of his or her parent(s) or guardian(s) doe
                                                                                not exceed the applicable amount set forth below in the E.O.F
  Full text of the adoption follows (additions to proposal indicated            Income Eligibility Scale. Where the dependent student's parent(s) 0
in boldface with asterisks *thus*; deletions from the proposal in-              guardian(s) are receiving welfare as the primary means of famil
dicated in brackets with asterisks *[thus]*):      .                            support, the student is presumed to be eligible without regard to th
                                                                                amount of primary welfare support.
8:31B-3.73 Reconciliation: Hospitals
                                                                                  I. EOF Dependent Student Eligibility Scale:
  (a) Following receipt of actual patient specific information
pursuant to Rules on Hospital Reporting for Uniform Bill-Patient                     Applicants With                Gross Income
Summaries (in-patient) or N.J.A.C. 8:3IA-IO.7, whichever is ap-                      a Household of:               (Not to Exceed):
propriate: determination of actual case-mix as determined the same                     2 persons                        $15,130
GROUPER used to establish rates, and calculation of the actual                         3                                 17,270
economic factor, the Commissioner shall determine consistent with                      4                                 19,410
the Commission's Order, for each hospital, for the calendar year or                    5                                 21,550
rate period, whichever is appropriate, reconciliation:                                 6                                 23,690
   1.-4. (No change.)                                                                  7                                 25,830


(CITE 21 N.J.R. 2788)                   NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                                 You're viewing an archived copy from the New Jersey State Library.
ADOPTIONS                                                                                                                         HUMAN SERVICES

   2. For each additional member of the household, an allowance of
$2,140 shall be added to this amount in order to determine eligibility
                                                                                                                    (b)
for E.O.F. for the *[[988-89}* *1989-90* Academic Year. This allow-               DIVISION OF ECONOMIC ASSISTANCE
ance shall be adjusted annually to reflect changes in the Standard
Maintenance Allowance as published by the College Scholarship
                                                                                  Public Assistance Manual
Service. In addition, the gross income level for each household size              Child Support Program: Incentive Payment
also shall be adjusted to reflect the change in the annual Standard                 Methodology
Maintenance Allowance.                                                            Adopted Repeal and New Rule: N.J.A.C.10:81-11.6
   3. The E.O.F. Executive Director shall annually inform institu-
                                                                                  Proposed: March 20, 1989 at 21 N J .R. 663(a).
tions of adjustments to the Income Eligibility Scale, in accordance
                                                                                  Adopted: August 9, 1989 by Drew Altman, Commissioner,
with the Standard Maintenance Allowance published by the College
                                                                                     Department of Human Services.
Scholarship Service.
   (b)-(c) (No change.)                                                           Filed: August 10, [989 as R.1989 d.465, with substantive changes
   (d) An independent student is financially eligible for an E.O.F.                  not requiring additional public notice and comment (see
grant providing his or her gross annual income (including spouse)                    N.J.A.C. 1:30-4.3).
for the calendar year prior to the academic year for which aid is                 Authority: NJ.S.A. 44:7-6 and 44:10-3; 45 CFR 303.52(b) and
requested and the calendar year during which aid is received does                    305.46.
not exceed the following schedule:                                                Effective Date: September 5,1989.
   I. $9,260 family size (including student) I;                                   Expiration Date: October 15, 1989.
   2. $11,400 family size (including spouse) 2;
   3. $13,540 family size (including spouse) 3;                                   Summary of Public Comments and Agency Responses:
   4. $15,680 family size (including spouse) 4;                                      COMMENT: One comment was received from a county welfare agen-
   5. Add $2,140 for each additional dependent. This amount should                cy expressing concern that the incentive formula would adversely impact
be adjusted annually to rellect changes in the Independent Student                upon those counties having high non-AFDC child support collections.
Allowance as published by the College Scholarship Service.                        The county welfare agency requested that language be modified in ac-
   6. An independent student who received welfare as the primary                  cordance with Federal regulations at 45 CFR 303.52(b) for more equitable
means of family support is presumed to be eligible without regard                 distribution of incentive monies.
                                                                                     RESPONSE: The Department agrees with the commenter and, for
to the amount of primary welfare support.
                                                                                  clarification purposes, language has been added which allows for the non-
   (e)-(g) (No change.)
                                                                                  AFDC portion of the incentive plan to equal 105 percent in Fiscal Year
                                                                                  1988, 110 percent in Fiscal Year 1989, and 115 percent in Fiscal Year
                                                                                  1990, as delineated in Federal regulations. No fiscal impact is expected
                   HUMAN SERVICES                                                 since the requested modification is currently observed practice.
                                                                                  Summary of Changes Subsequent to Proposal:
                         (a)                                                         At N.J.A.C. 1O:81-11.6(a)4, the term "benefit/cost ratio" is replaced
                                                                                  with "collections to expenses ratio". This change is made as a result of
DIVISION OF MEDICAL ASSISTANCE AND HEALTH                                         internal Departmental review to clarify the text.
  SERVICES                                                                          Full text of the adoption follows (additions to proposal indicated
Notice of Administrative Correction                                               in boldface with asterisks *thus*: deletions from proposal indicated
Administration Manual                                                             in brackets with asterisks *[thus]*).
N.J.A.C.10:49-1.1                                                                  10:81-11.6 Incentive payment
   Take notice that the Department of Human Services has discovered                  (a) CWAs shall receive an appropriate share of any incentive pay-
an error in the published text of the adopted amendment to N.J .A.C.              ments made to the State. based on the efficiency and effectiveness
10:49-I.I(b)9 published in the August 7, 1989 New Jersey Register at 21           of the CWA's activities in carrying out the requirements of the Title
N.J.R. 2838(a). The word "eligible" in that paragraph is incorrect. As            IV-D State Plan. A portion of the incentive payments shall be com-
filed for proposal with the Office of Administrative Law (PRN 1989-188),          puted as a percentage of the State's AFOC collections and a portion
the word was "ineligible," which was mistakenly published for proposal            shall be computed as a percentage of non-AFDC collections. The
(see 21 NJ.R. 965(a» and adoption as "eligible." This error is corrected          percentages shall be computed separately for each segment, based on
by this notice pursuant to N.J .A.C. I :30-2.7(a)3. since the use of "eligible"   the ratio of the State's AFDC collections to the State's total IV-D
is erroneous in light of both the proposal Summary stating that no new            administrative costs. The portion of the incentive payments in recog-
groups of eligible individuals were proposed, which SSI eligible individ-
                                                                                  nition of non-A FDC collections shall be limited by the percentage
uals would be, and the inappropriateness of the usage of "eligible" in
                                                                                  of the portion of the incentive payments paid for a specific year in
the context of both the sentence itself and the purpose of the Medicaid
program (see, for comparison, N.J.A.C. 10:49-I.I(b)6).                            recognition of its AFOC collections", and shall equal 105 percent in
                                                                                  Fiscal Year 1988, 110 percent in Fiscal Year 1989. and liS percent
  Full text of the corrected rule follows (additions indicated in                 in Fiscal Year 1990*.
boldface thus; deletions indicated in brackets [thus]):                              1. AFDC collections means support collections satisfying an as-
                                                                                  signment support obligation, including support collected by one state
10:49-1.1 Who is eligible for Medicaid
                                                                                  on behalf of individuals receiving IV-D services and parents residing
  (a) (No change.)
                                                                                  in another state, which shall be treated as having been collected in
  (b) The following groups are eligible for medical and health ser-
                                                                                  full by each state.
vices covered under the New Jersey Medicaid Program when
                                                                                     2. Non-AFOC collections means support collections on behalf of
provided in conjunction with program requirements specifically
                                                                                  individuals receiving Title IV-D services, satisfying a support obli-
outlined in the second chapter of each service manual. The groups
                                                                                  gation which has not been assigned via Form PA-IJ, including collec-
are not all inclusive:
                                                                                  tions made by one state on behalf of individuals receiving IV-O
   1.-8. (No change.)
                                                                                  services and parents residing in another state. Such interstate collec-
  9. Persons [eligible] ineligible for Supplemental Security Income
                                                                                  tions shall be treated as having been collected in full by each state.
(SSI) because of requirements that do not apply under Medicaid;
                                                                                     3. Total IV -0 administrative costs means total IV- 0 expenditures
   10.-21. (No change.)
                                                                                  claimed by a state in a specified fiscal year, excluding fees paid by
  (c)-(g) (No change.)
                                                                                  individuals, recovered costs and program income, such as interest
                                                                                  earned on collections. Another exclusion from administrative costs
                                                                                  shall be laboratory fees incurred in determining paternity.

                                        NEW JERSEY REGISTER. TUESDAY. SEPTEMBER 5. 1989                                        (CITE 21 N.J.R. 2789)
                                  You're viewing an archived copy from the New Jersey State Library.
HUMAN SERVICES                                                                                                                        ADOPTIONS

   4. In calculating the amount of incentive payments, only those              COMMENT: The agency noted that the regulatory reference at
AFDC and non-AFDC collections distributed and expenditures                  NJ.A.C. 1O:87-9.7(d)li which reads "f(3)" should be "f(4)".
claimed by the State in the fiscal year shall be used to determine the         RESPONSE: The reference has been corrected.
incentive payment payable for a year. The methodology to be em-                COMMENT: The agency noted that it would have difficulty comply-
ployed in the calculation of incentive payments will be the same for        ing with the IO-day replacement of benefits timeframes cited at NJ.A.C.
both program segments (AFDC and non-AFDC); however, the in-                 1O:87-9.7(d) when it must ascertain the validity of each request for re-
centive payment for non-AFDC, as noted above, cannot exceed the             placement prior to issuing the replacement.
amount earned for AFDC collections. Each county will receive its               RESPONSE: N J .A.C. 1O:87-9.7(e) and (f) both require the CWA to
                                                                            determine the validity of a household's request for replacement of benefits
share of the State's incentive payments, based on the *[benefit/cost
                                                                            before issuing the replacement, but only" ... to the extent possible ......
ratio]* ·collections to expenses ratio* truncated at the first decimal
                                                                            The CWA cannot delay the replacement beyond the 10-day replacement
place. This methodology requires the determination of the average           issuance timeframe pending completion of its investigation.
*[benefit/cost ratio]* *collections to expenses ratio* among the coun-
ties. The standard deviation from the average is then determined. A         Summary of Changes Subsequent to Proposal:
scale is established and a value of six percent is assigned to the State      At NJ.A.C. 10:87-6.2(c) and 9.7(a), proposal printing errors are cor-
average. For each movement of a full + 1/2 standard deviation by            rected. At NJ.A.C. 1O:87-9.7(c)3, a technical correction replaces the word
a county's *[benefit/cost ratio]" *collections to expenses ratio*, that     "State" with "CWA" to delineate the correct procedure. At N.J.A.C.
                                                                            10:87-9.7(d)li, a reference is corrected.
county will be entitled to one percent more of incentive payment.
Any resultant surplus will be distributed according to the counties'          Full text of the adoption follows (additions to proposal indicated
proportionate share of the total qualified caseload.                        in boldface with asterisks *thus*; deletions from proposal indicated
   (b) The Federal Office of Child Support Enforcement (OCSE) will          in brackets with asterisks *[thus]*).
estimate the total incentive to be received by a state for the upcoming
fiscal year. In the quarterly collection report, the State will estimate    10:87-2.13 Filing an application
the total payment, thus reducing the amount to be paid to the Federal          (a) Households must file a food stamp application by submitting
government to reimburse its share of assistance payments, IV-A and          the appropriate form to the food stamp office in person, through an
Foster Care maintenance payments. At the end of a fiscal year, the          authorized representative, or by mail. The amount of time for the
OCSE will determine if the estimated incentive payments were correct        CWA to deliver benefits is calculated from the date the application
and, if not, adjustments will be made accordingly.                          is filed in the food stamp office designated to accept the household's
   I. Collections made in one jurisdiction for another jurisdiction         application (see NJ.A.C. 10:87-2.30 and 2.31). Households subject
shall be forwarded to the originating jurisdiction no later than 10         to SSI joint processing (see NJ.A.C. 1O:87-2.12(a)3) must file a food
days after collection was received.                                         stamp application by submitting the appropriate form to the
   i. States and other jurisdictions must have a identifying code for       SSA/DO in person, through an authorized representative, or by mail.
interchange procedures.                                                     The amount of time for the CW A to deliver benefits is calcula ted
                                                                            from the date the application is filed in the SSA/DO designated to
                                                                            accept the household's application (see NJ.A.C. 10:87-2.30). Resi-
                                  (a)                                       dents of public institutions who jointly apply for food stamps and
                                                                            SSI under SSA's Prerelease Program for the Institutionalized shall
DIVISION OF ECONOMIC ASSISTANCE                                             have their date of release from the institution considered as the date
Food Stamp Program                                                          of application for food stamp purposes.
                                                                               (b)-(f) (No change.)
Miscellaneous Program Requirements
Adopted Amendments: N.J.A.C. 10:87-2.13, 2.30,                              10:87-2.30 Normal processing standard
                                                                               (a) The CWA shall provide eligible households that submit a com-
  2.33,2.36,2.37,4.8,5.9 and 6.2                                            plete application an opportunity to participate as soon as possible,
Adopted Repeal and New Rule: N.J.A.C.10:87-9.7                              but not later than 30 calendar days after the application was filed.
Proposed: June 19,1989 at 21 N.J.R. 1636(a).                                An application is considered filed the day the appropriate food stamp
Adopted: August 9,1989 by Drew Altman, Commissioner,                        office receives the application containing the applicant's name and
   Department of Human Services.                                            address and signed by either a responsible member of the household
Filed: August 10, 1989 as R.1989 dA64, with technical changes               or the household's authorized representative. For SSI jointly pro-
   not requiring additional public notice and comment (see                  cessed households, the application shall be considered filed for nor-
   N.J.A.C. 1:30-4.3).                                                      mal processing purposes when the signed application is received by
                                                                            the SSA district office. For residents of public institutions who jointly
Authority: N.J.S.A. 30:4B-2, 54 FR 6990, the Hunger Prevention
                                                                            apply for food stamps and SSI under SSA's Prerelease Program for
   Act of 1988 (P.L. 100-45), the Wartime Relocation of Civilians
                                                                            the Institutionalized, the application shall be considered filed for
   Act (P.L. 100-33), and the Anti-Drug Abuse Act of 1986 (P.L.             normal processing purposes when the resident is released from the
   99-570).                                                                 institution. Households entitled to expedited processing are specified
Effective Date: September 5, 1989.                                          in N.J.A.C. 10:87-2.32 et seq.
Operative Date: October I, 1989.                                               (b) Opportunity to participate: An opportunity to participate con-
Expiration Date: January 27, 1994.                                          sists of providing households with an ATP and having an issuance
                                                                            facility open and available for the household to obtain its allotment.
Summary of Public Comments and Agency Responses:
  Comments were received from a county welfare agency as follows:           If the ATP is mailed, two days shall be allowed for delivery before
  COMMENT: The agency noted that it might encounter difficulty in           determining if the household has been provided an opportunity to
meeting the five-day and 30-day processing standards applied to expedited   participate. A household has not been provided an opportunity to
and non-expedited fcod stamp applications, respectively, if Social Se-      participate within 30 days of application if the ATP is mailed on the
curity Administration (SSA) field offices do not transmit those appli-      29th or 30th day. Neither has an opportunity to participate been
cations to the CWA immediately.                                             provided if the ATP is mailed on the 28th day but no issuance facility
   RESPONSE: The regulations at 7 CFR 273.2, which were published           is open on the 30th day where the household can obtain coupons.
in the January 3D, 1989 edition of the Federal Register, mandated that      The CWA must mail the ATP at least two days in advance of the
the food stamp application processing standards for prerelease applicants   30th day and assure that the ATP can be transacted after it is received
begin on the date of the applicant's release from the institution. The      but before the 30th day expires. The CW A shall ensure that each
preamble of those regulations noted that SSA field offices will notify      certified household is provided an ID card concurrent with the initial
county welfare agencies of the impending release of each applicant from     issuance of food stamp benefits to the household.
an institution, and that SSA field offices anticipate completion and for-      I. Any ATP issued after the 19th day of the month shall not expire
warding of the prerelease applications within one working day.              until the end of the following month.

(CITE 21 N.J.R. 2790)                NEW JERSEY REGISTER, TUESDAY, SEPTEMBER 5, 1989
                                              You're viewing an archived copy from the New Jersey State Library.
ADOPTIONS                                                                                                                  HUMAN SERVICES

  2. A household shall be entitled to replaced benefits, lost as a result   10:87-5.9 Identification of income exclusions
of being unable to obtain a particular allotment, if the validity period       (a) Only the following shall be excluded from household income;
of the ATP expires between the time the household requested a               no other income shall be excluded.
replacement ID card and the delivery of that card to the household.            1.-14. (No change.)
  (c) (No change.)                                                             15. Income excluded by Federal law: Any income that is specifi-
                                                                            cally excluded by any other Federal statute from consideration as
10:87-2.33 Expedited service processing standards
                                                                            income for the purpose of determining eligibility for the Food Stamp
   (a) For households entitled to expedited service, the CW A shall
                                                                            Program shall be excluded. The following qualify under this
make available to the recipient an ATP card not later than the fifth
                                                                            provision.
calendar day following the date an application was filed in the ap-
                                                                               i.-vi. (No change.)
propriate food stamp office. For residents of public institutions who
                                                                               vii. Earned income tax credits:
apply for SSI under SSA's Prerelease Program for the Institu-
                                                                               (I) Earned income tax credits received as a result of Public Law
tionalized, expedited benefits shall be made available within five
                                                                            95-600, the Revenue Act of 1978, which are received before January
calendar days following the date of the resident's release from the
                                                                             I, 1980: and
institution. The CWA shall ensure that a reasonable opportunity for
                                                                               (2) Earned income tax credits made as advance payments which
ATP redemption exists on the day of issuance within the time limits
                                                                            are received on or after January I, 1989.
specified in this section.
                                                                               viii.-xiv. (No change.)
   (b)-(e) (No change.)
                                                                               xv, Payments received under the Wartime Relocation of Civilians
10:87-2.36 Categorically eligible AFDC/SSI households                       Act (P.L. 100-383).
  (a)-(n) (No change.)
                                                                             10:87-6.2 Month of application
  (0) Any household determined AFDC/SSI eligible which is categ-
                                                                               (a) The month of application for all households is the calendar
orically eligible within the 30-day food stamp processing time shall
                                                                            month in which the household filed its application. For those
be provided benefits in accordance with N.J.A.C. 10:87-2.30. Benefits
                                                                            prerelease applicants described at N.J.A.C. 10:87-2.37(b)3, the month
shall be prorated in accordance with current procedures.
  (p)-(r) (No change.)                                                      of application shall be the date of release from the institution. This
                                                                            includes households submitting an application following any period
 10:87-2.37 Procedures for SSI jointly processed households                 of time during which the household was not certified for participation
   (a) (No change.)                                                         in the program. In most cases, the month of application will be the
   (b) Initial application at the Social Security District Office           initial month of the household's certification period (see definition
(SSA/DO): The SSA/DO will inform households eligible for SSI                of initial month in (b) below). The CWA shall determine a house-
joint processing (see N.J .A.C. I0:87-2.12(a)3) of their right to apply     hold's eligibility during the month of application based on the house-
 for food stamps at the SSA/DO without going to the food stamp              hold's circumstances for the entire calendar month in which the
office and will refer all other households to the appropriate food          household filed its application, even if the household filed its appli-
stamp office. The SSA/DO will accept and complete FSP-90IA                  cation on the last day of that calendar month.
 forms received from households eligible for SSI joint processing and          (b) (No change.)
forward them within one working day to the appropriate CWA.                    (c) Determining benefit level for initial month: A household's ben-
Along with the FSP-90IA, the SSA/DO will forward a Social Secur-            efit level for the initial month will be based on the day of the month
ity Administration Transmittal for Food Stamp Applications (Form            it applies for benefits. For those prerelease applicants described in
SSA-4233) which documents all verification obtained by the SSA              N.J.A.C. 10:87-2.37(b)3, the initial benefit shall be based on the date
employee.                                                                   of each individual's release from the institution. Using a 30-day
    1.-2. (No change.)                                                      calendar month, households shall receive benefits prorated from the
   3. Residents of public institutions who apply for SSI under SSA's        day of application to the end of the month. A household applying
Prerelease Program for the Institutionalized may complete a joint           on the 31st of the month will be treated as though it applied on the
application for SSI/FS prior to release from the institutions, and are      30th of the month. The $10.00 minimum benefit for one and two
subject to the same provisions applicable to all other jointly processed    person households shall be prorated. To determine the amount of
SSI households, with the following exceptions:                              the prorated allotment for the month of application the CWA shall
   i. The 3D-dayprocessing standard described in N.J.A.C. 10:87-2.30        use the Allotment Proration Table found in N.J.A.C. 10:87-12.5. If
to deliver benefits to a prerelease applicant shall be based upon the       the allotment for the initial month is less than *[$10,000]* *$10.00*
date the individual is released from the institution, rather than the       the CWA shall not issue benefits to that household.
date the application is filed at the CW A.
                                                                            10:87-9.7 Replacement of benefits
   ii. A prerelease applicant who is entitled to expedited service shall
                                                                               (a) Rules on providing replacement *[issues]* *issuances* are as
be provided food stamp benefits no later than the fifth calendar day
                                                                            follows:
following the date of release from the institution.
                                                                                I. Subject to the restrictions in (b) below, CWAs shall provide
   iii. A prerelease applicant's benefit level for the initial month of
                                                                            replacement issuances to a household when the household reports
certification shall be based on the day of the month the resident is        that:
released from the institution.
                                                                               i. The ATP was not received or was stolen from the mail, was
   (c)-(h) (No change.)
                                                                            stolen after receipt, was destroyed in a household misfortune, or was
10:87-4.8 Identification of resource exclusions                             improperly manufactured or mutilated;
  (a) Only the following shall be classified as resource exclusions by         ii. The coupons were not received in the mail, were stolen from
the CWA:                                                                    the mail, were destroyed in a household misfortune, or were im-
   1.-16. (No change.)                                                      properly manufactured or mutilated;
   17. Resources excluded by Federal law: Resources which are ex-              iii. Food purchased with food stamps was destroyed in a house-
cluded for food stamp purposes by express provision of Federal              hold misfortune; or
statute. The following is a listing of resources excluded by Federal           iv, The household received a partial coupon allotment in the mail.
statute:                                                                       2. CWAs shall not provide replacement issuances to households
   i.-xiii. (No change.)                                                    when coupons are lost, stolen or misplaced after receipt, when ATPs
   xiv. Payments received under the Wartime Relocation of Civilians         are lost or misplaced after receipt, when ATPs or coupons are totally
Act (P.L. 100-383).                                                         destroyed after receipt in other than a disaster or misfortune, or when
   18.-19. (No change.)                                                     coupons sent by registered or certified mail are signed for by anyone
                                                                            residing with or visiting the household. In addition, replacement



                                     NEW JERSEY REGISTER, TUESDAY, SEPTEMBER S, 1989                                    (CITE 21 N.J.R. 2791)
                                   You're viewing an archived copy from the New Jersey State Library.
HUMAN SERVICES                                                                                                                         ADOPTIONS

issuances shall not be made if the household or its authorized rep-               i. The household may request to be placed on an alternate issuance
resentative has not signed and returned the household statement               system after one report of nonreceipt;
required in (c) below where applicable.                                           ii. After two reports in a six-month period of loss or theft prior
   3. Where FNS has issued a disaster declaration and the household           to receipt, the household shall be placed on an alternate delivery
is eligible for emergency food stamp benefits, the household shall not        system;
receive both the disaster allotment and a replacement allotment for               iii. After two reports in a six-month period of loss or theft prior
a misfortune.                                                                 to receipt and/or theft of an ATP after receipt, the CWA may delay
   4. In order for a replacement to be considered non-countable, the          or deny further replacements for such causes; and
replacement must not result in a loss to the program.                             iv. If the statement of nonreceipt is not signed and returned within
   (b) Rules on replacement restrictions are as follows:                      10 days of the date the loss was reported, the CWA shall not replace
    I. Replacement issuances shall be provided only if a household            the coupons or ATP.
timely reports a loss orally or in writing, and provides a statement              (d) Provisions concerning the time limits for making replacements
of nonreceipt if the original ATP or allotment has not been returned          are as fol