New Jersey Register Exhibit (Dkt. 42-4) — Children's Health Defense v. Rutgers (D.N.J.)

Record facts

U.S. District Court, District of New Jersey · No. 3:21-cv-15333-ZNQ-TJB · Doc. 42-4 · 2022-01-11 · Docket on CourtListener

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THE JOURNAL OF STATE AGENCY RULEMAKING
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VOLUME 21
NUMBER 22
November 20, 1989
Indexed 21 N.J .R. 3585-3688
(Includes adopted rules filed through October 26, 1989)
MOST RECENT UPDATE TO NEW JERSEY ADMINISTRATIVE CODE: SEPTEMBER 18, 1989
See the Register Index for Subsequent Rulemaking Activity.
NEXT UPDATE: SUPPLEMENT OCTOBER 16, 1989
RULEMAKING IN THIS ISSUE
3642(a)
3630(a)
3605(a)
3590(a)
3594(a)
3671(a)
3663(a)
3665(b)
3657(a)
3631(a)
3633(a)
3666(3)
3666(b)
3668(3)
3668(b)
3670(3)
3670(b)
3658(3)
3663(b)
....
3664(a), 3665(a)
...............
3658(b)
RULE ADOPTIONS
Sellers of health club services: registration fee
PUBLI C UTILITIES
InterLATA telecommunications ca rriers
TRANSPORTATION
Bus Ope rat ing Assistan ce Program
COMMUN ITY AFFAIRS
Departm ent or gan izat ion
.
ENVIRO NM ENTA L PROTECTION
Solid a nd hazardou s waste operations: licensing of
individuals
...
HEALTH
Long-term car e facilities: enforcement of starring
requirements
..
.
Local boards of health: basic educational prog ram
conce rning HIV infection
..
Inte rchangeab le d rug produ cts
.
CO RREC TI ONS
Expungemen t or sealing of inmate records
INSURANCE
Propert y/ liabil ity claims settlement: administrative
correction to N.J.A.C.
11 :2-17.10
..
Motor vehicle self-insurance
..
Hospital workers' compensa tion: group self-insura nce
Reports to Nat ional Automo bile Theft Bureau
......
LAW AND PUBLIC SAF ETY
Board of Dentistry licensure and registration fees
......
Audiology and speec h-language patholog y: licensure
TRANSPORTAT ION
Right-of-way acq uisitions
..
(Continued on Next Page )
3607(a)
3625(a)
3622(a)
3618(a)
3613(a)
3646(a)
3655(a)
RULE PROPOSALS
ADM IN IST RAT IVE LAW
Transcripts of OAL hearings
3587(a)
Withdrawal of request for hearing or defense raised
3589(a )
ENVIRONMENTAL PROTECTION
NJPDES fee schedule for permittees and app licants
Water suppl y alloca tion permits
HEALTH
New born biochemica l screening
3633(a)
Birth defects registry
.......................................
3636(a)
Hospital reimbu rsement: uncom pensa ted care a udit
3638(3)
Hospital reimbursement: on-site aud its
3639(a)
Hospita l reimbursement: outside collection cos ts
.
3639(b)
Megavo ltage radiation onco logy units: need review
3640(a)
Hospital licensure: newbor n ca re physica l
plant standards
.
HIGHER ED UCATION
Stud ent immunization requirements
INSURANCE
Formation of property and casualty insurance
corporation or reciprocal insura nce exchange
Credit for prope rty/cas ualty reinsurance
..
Orderly withd rawa l of insurance business
.
Product liability risk retenti on gro ups and pu rchasing
groups
..
Commercial Aut omobile Insurance Plan
LABOR
Worker Adjustment and Retraining No tification (WARN)
proced ures
.
LAW AND PUBLIC SAFETY
Motor vehicle race tracks
.......
Mort uary science: continuing education
.
Interested persons comment deadline
3586
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STATE AGENCY RULEMAKING
INTERESTED PERSONS
Interested persons may submit, in writing. information o r arguments concern ing any of the rule proposals in th is issu e un til December 20, 1989.
Submission s and any inquiries a bout submissions sho uld be add ressed to the agency o ffice r spec ified fo r a particula r proposal or group of proposals.
On occasion, a proposin g agency ma y ext end the 30-day co mmen t per iod to acc o mmoda te pub lic hearings o r to elicit greater public response to
a pr oposed new rule or amendmen t. An extended co m men t deadli ne will be noted in the heading of a prop osal o r a ppea r in a su bseque nt notice in
the Register.
At the close of the pe riod for co mments, the pr oposin g age ncy may the reafte r adopt a proposal, with out change. or with chan ges not in viol ati on
of the rulemaking procedures at N.J.A .C. J:30-4.3 , The ad option becomes effective upon publication in the Regist er of a notice of adoption , un less
ot herwise ind icated in the adoptio n not ice. Prom ulgati o n in the New Jersey Register esta blishes a new or amen de d rule as an official part o f the New
Jersey Administrative Cod e.
RULEMAKING IN THIS ISSUE-Continued
Bridge Re habilitati on and Imp rovement Bond Act rules
...
3674(a)
TREASURY-G ENERAL/ COMM ERCE, EN E RG Y
AND ECONOMIC DEVELOPMENT
Registration as mino rity o r fema le business:
adminis tra tive co rrection
3674(a)
TREASURY-TA XATION
Local pr operty tax appeals: ad ministra tive correctio n
to N.J .A. C. 18:12A -1.6
3674(c)
TURNPIK E AUTHORITY
Petitions for rule s
3675(a)
Filing Deadlines
INDEX OF RULE PROPOSALS
AND ADOPTIONS
3678
December 18 issue:
Adoptions
November 27
January 2, 1990 issue:
Proposals
December I
Adoptions
December 8
January 16 issue:
Proposals
December 14
Adoptions
December 21
February 5 issue:
Proposals
January 5
Adoptions
January 12
..... ......
3677(b)
CAS INO CONT RO L CO MM ISSIO N
Agent redemption of checks an d cou nterchecks:
rulemaking petition
.
3676(a)
3676(b)
3676(c)
3677( a)
PUBLIC NOTICES
EN VIRO N M ENTA L PROTECTION
1989- 90 NJ PDE S Annu al Fee Report an d Fee Sched ule:
public hearing
LAW AND PUBLIC SAFETY
Practice of op tomet ry: petitio n fo r rule making co ncern ing
post-operative care
Co ntrac t carrier ap plica nt
..
PUBLIC EM P LO Y MENT RELATIONS CO M M ISSION
Interest arbitra tio n: agency response to petitio n
to amend N.J .A.C. 19: 16-5.7
.
NEW JERSEY REGISTER
The official pu blication co ntaining not ices of proposed rule s an d rules ado pted by State agenc ies
pursuant to the New Jersey Constitutio n. Art. V, Sec. IV. Para, 6 and the Administra tive
Procedure Act . N.J ,S.A . 52:14B-1 et seq. Issu ed monthly since Septem ber 1969, and twice-monthly
since November 198 1.
Material published in the New Jer sey Register is the property of the Sta te of New Jersey. However , it may be copied. rep roduced or repu blished by
an y person for an y purpose whatsoever without permissi on, providing that no such reproduction or republication shall bear the title " Ne w Jersey
Register" o r "Official Ru les Publication" without the written permission of the Director. Office of Ad minis tra tive Law.
Th e New Jersey Regis ter (IS SN 0300 ·6069) is pu blished the first and third Mondays (T uesday, if Mond ay is a holiday) of each mo nt h by OAL Pu blications
of the Offi ce of Administrati ve Law , C N 301, Trenton , Ne w Jersey 08625. Telephone: (609 ) 588-6606. Subscriptions. payable in adv ance, are one yea r.
$90 ($ 180 by First Cla ss Mail); back issu es whe n availa ble, $ 10 eac h. Make chec ks payab le to OAL Pu blicati ons.
POSTMASTER: Send add ress cha nges to : New Jersey Register, CN 301. Trenton. New Jersey 08625. Second Cl ass Post age paid in South Plainfield .
New Jersey.
The NEW JERSE Y A DMINISTRA TlVE CODE is published on a continuing basis by OAL Publications oj the Offic e oj Administrative Law. Subscription
rates for this 42-volume, regularly updated set oj State administrative rules are available on request. The Code is sold either in the full set or in one to
jive volumes depending on the Department coverage desired.
(CITE 21 N.J.R. 3586 )
NEW JERSEY REGISTER, MONDAY, NOVEMBER 20, 1989
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PROPOSALS
Interested Persons see Inside Front Cover
HIGHER EDUCATION
iii. Ground and surface
water diversions
in which waters are
returned undiminished
to the source
5460
5750
51440
51730
52020
52310
7:19-6.10
Water supply critical areas; general
(a)-(b) (No change.)
(c) Within water supply critical areas of the type described in (a)l
and 2 above, where it is necessary to balance competing needs, the
Department may [reduce the privilege given to users to withdraw
water, as previously allocated or authorized, and] require those users
to substitute water from a reasonably available alternative source.
To the extent practicable, all users shall equitably share the burden
of [reductions and/or] costs of replacement supplies. Procedures set
forth in N.J.A.C. 7:19-2 are applicable to reallocations.
(d) Within critical water supply areas of the type described in (a)2
and 3 above, the Department may require the following:
I. (No change.)
[2. Reduction in the amounts of water withdrawn by users;]
[3]2.-[5]4. (No change in text.)
(e)-(I) (No change.)
SUBCHAPTER 7.
PROCEDURES FOR CONTRACT REVIEW
AND APPROVAL
7:19-7.1
Scope
This subchapter prescribes the procedures which shall be followed by
applicants applying for approval of contracts for the sale of water.
7:19-7.2
Appliability
This subchapter applies to contract arrangements between purveyors
for the routine sale and purchase of water. Contract arrangements for
emergency purposes are excluded.
7:19-7.3
Procedures for contract approval
(a) The applicant for approval of a contract shall be the party which
is selling water.
(b) The applicant shall contact the Department in accordance with
N.J.A.C. 7:19-1.7 to obtain application forms and other instructions
necessary to file a complete application.
(c) The applicant shall follow the instructions to complete the appli-
cation forms and shall submit the completed application with a copy
of the contract to the Department.
(d) For new contracts, the contract and application forms shall be
filed at least two months prior to the effective date of the contract.
(e) For all contracts which are in force as of the effective date of
this subchapter, the applicant shall file an application and copy of the
contract with the Department within six months after the effectivedate
of this subchapter.
(f) The Department, upon receipt of the contract and application
forms, shall review the material and determine whether the applicant
has sufficient allocation to supply the buyer.
7:19-7.4
Appeal procedure
The applicant or any interested party whowouldbe adverselyaffected
by the Department's decision may request a hearing in accordance with
N.J.A.C. 7:19-2.15.
HIGHER EDUCATION
(a)
BOARD OF HIGHER EDUCATION
Immunization Requirements
Proposed New Rules: N.J.A.C. 9:2-14
Authorized By: Board of Higher Education, T. Edward
Hollander, Chancellor and Secretary.
Authority: N.J.S.A. 18A:6ID-1.
Proposal Number: PRN 1989-617.
Submit comments by December 20, 1989 to:
Grey J. Dirnenna, Esq.
Director of Governmental Affairs
Department of Higher Education
CN 542
Trenton, New Jersey 08625
The agency proposal follows:
Summary
These proposed new rules will implement the legislative mandate of
N.J.S.A. 18A:6ID-1 (P.L. 1988, c.158) requiring all undergraduate and
graduate students under the age of 30 (as of 1987) and enrolled in a
program leading to an academic degree to submit to their institution of
higher education a valid immunization record as a condition of admission
or continued enrollment. Institutions of higher education may exempt
from this requirement any students who attended an elementary or sec-
ondary school located in New Jersey (students attending these schools
had to comply with identical immunization requirements), any student
whose religious beliefs do not permit immunizations and students for
whom an immunization is medically contraindicated.
The Department of Health's Section on Communicable Disease and
Epidemiology recommended the inclusion of specific technical immuniza-
tion requirements in these rules. These call for proper immunization
against
three
vaccine-preventable
communicable
diseases-measles,
mumps and rubella-representing the most likely cases of epidemic on
a college campus.
Institutions of higher education will be required to document proper
immunization or exemption for all new or continuing students enrolled
in programs leading to an academic degree as a condition of enrollment.
The statute requires implementation effective September I, 1989. Institu-
tions are required to maintain a record of student immunization in hard
copy format and keep it separately from other medical and academic
records so they are accessible for use by public health personnel in the
event of an outbreak of disease.
Annually, institutions will report summary numbers to the State De-
partment of Health regarding the total enrollment, the number of ex-
empted students and the number for whom required immunizations have
been verified.
Social Impact
The proposed new rules will have a beneficial social impact by increas-
ing the level of immunity to contagious disease and by facilitating efforts
to reduce the likelihood of epidemics on New Jersey's college and univer-
sity campuses. Recent experience in New Jersey high schools and colleges
show that current students are not necessarily immune to either mumps
or measles. As rubella epidemics have been documented on college cam-
puses in New York, California, Washington and Massachusetts, it is
important that New Jersey institutions be prepared in the event of an
outbreak and New Jersey students be immunized for these contagious
diseases.
Economic Impact
There is minimal economic impact to the students and a small impact
to the institutions. The economic impact to the institutions will be the
administrative costs of implementing this requirement. Many of New
Jersey's institutions already require some immunizations and, as a result
of a survey of these institutions, the Department found that most four-
year and graduate institutions already have health facilities and personnel
to monitor student immunization requirements. The administrative tasks
required by the rules can be managed by a trained clerical worker. The
Department of Health will assist the institutions initially by providing
some training for staff to identify and maintain proper records.
Students who wish to attend a New Jersey institution of higher educa-
tion and who have not been immunized for these contagious diseases will
have to obtain the immunizations. Over 90 percent of New Jersey college
students are State residents, who probably attended a New Jersey high
school. Therefore, the majority of the students will be either exempt from
or already in compliance with the requirements of these rules. The stu-
dents most likely to be impacted are those from out-of-State or country.
The current single dose cost for the combined MMR vaccine (measles-
mumps-rubella) is $27.23, plus any additional service charge from a health
NEW JERSEY REGISTER, MONDAY, NOVEMBER 20, 1989
(CITE 21 N.J.R. 3605)
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HIGHER EDUCATION
care provider. A vaccination against one of the three diseases given singly
costs about $15.00. This expense is reasonable when balanced against the
health risks associated with these contagious diseases.
Regulatory Flexibility Statement
A regulatory flexibility analysis is not required because the proposed
new rules do not impose reporting, recordkeeping or other compliance
requirements on small businesses. The rules set forth immunization re-
quirements for students attending institutions of higher education in New
Jersey.
Full text of the proposed new rules follows:
SUBCHAPTER 14.
IMMUNIZATION REQUIREMENTS
9:2-14.1
Applicability
This subchapter applies to every new or continuing full-time and
part-time undergraduate or graduate student enrolled in a program
leading to an academic degree at any public or independent institu-
tion of higher education licensed by the New Jersey Board of Higher
Education.
9:2-14.2
Exemptions
(a) Students shall be exempt from immunization requirements for
medical or religious grounds under conditions set forth in N.J.A.C.
9:2-14.7 and 14.8.
(b) An exemption may be made, in the discretion of an institution
for the following categories of students:
'
I. Each student born before 1957;
2. Each student who presents proof of having attended an elemen-
tary or secondary school located in New Jersey (such as the school
record of immunization, transcript, or diploma). An institution which
grants an exemption on this basis should still request that the student
furnish
a record of immunization in accordance with N.J.A.C.
9:2-14.6;
3. A student enrolled in a program for which students do not
congregate, whether for classes or to participate in institution spon-
sored events, such as those in programs for individualized home study
or conducted solely via electronic media.
(c)
in these rules should be construed as limiting the
authority of a New Jersey institution of higher education to establish
additional requirements for student immunizations and documenta-
tion that it determines appropriate.
9:2-14.3
Required immunizations
(a) The following immunizations or proof of thereof shall be re-
quired pursuant to this subchapter:
I. Measles virus vaccine:
i. Each student shall document immunization of one dose of
measles virus vaccine, live attenuated, or any vaccine combination
containing measles antigen, that was administered after 1968 and on
or after the student's first birthday.
ii. A student vaccinated with killed or an unknown vaccine prior
to 1968 shall be revaccinated or produce laboratory proof of measles
immunity.
iii. A student who
presents serologic laboratory evidence
of
measles immunity shall not be required to receive measles vaccine.
2. Mumps virus vaccine:
i. Each student shall document immunization of one dose of
mumps virus vaccine, live attenuated, or any vaccine combination
containing mumps antigen that was administered on or after the
student's first birthday.
ii. A student with a history of physician diagnosed mumps disease
substantiated by a physician's statement shall not be required to
receive a mumps vaccine.
iii. A student who
presents serologic laboratory evidence
of
mumps immunity shall not be required to receive a mumps vaccine.
3. Rubella vaccine:
i. Each student shall document immunization of one dose of
rubella virus vaccine, live attenuated, or any vaccine combination
containing rubella antigen, that was administered on or after the
student's first birthday.
ii. A student who presents serologic laboratory evidence of rubella
immunity shall not be required to receive rubella vaccine.
PROPOSALS
9:2-14.4
Institutional responsibility for enforcement
(a) Each institution shall require acceptable evidence of immuniza-
tion as a prerequisite to enrollment of each student who is not exempt
from the requirements set forth in N.J.A.C. 9:2-14.2 in accordance
with this subchapter.
(b) Each institution shall identify to the New Jersey State Depart-
ment of Health an institutional official responsible for the adminis-
tration and enforcement of this subchapter and for the maintenance
of immunization records.
(c) Each institution shall establish policies and procedures to en-
force student compliance with this subchapter within 60 days of
enrollment.
9:2-14.5
Provisional admission
(a) A student may be admitted and enrolled into the institution
on a provisional basis for his or her first term if required immuniza-
tion documentation is not available at the time of registration.
(b) Prior to the second term, a student must present documenta-
tion or acceptable proof of immunity in accordance with the require-
ments of this subchapter or be reimmunized.
(c) In the event of a vaccine preventable disease outbreak, the
institution may, in consultation with the State Department of Health,
exclude each student with provisional status from attending classes
and participating in institution sponsored activities until proof of
adequate immunization is furnished (N.J.A.C. 8:57-1.7 and 1.8).
9:2-14.6
Documents accepted as evidence of immunization
(a) An institution shall accept the following documents as evidence
of a student's immunization history provided the specific immuniza-
tion and the exact date of each immunization administered is listed:
I. An official school immunization record or copy thereof from
any primary or secondary school indicating compliance with the
immunization requirements of N.J.A.C. 9:2-14.3;
2. A record from any public health department indicating com-
pliance with the immunization requirements ofN.J.A.C. 9:2-14.3; or
3. A record signed by a physician licensed to practice medicine
or osteopathy in any jurisdiction of the United States or foreign
country or other licensed health professional approved by the New
Jersey State Department of Health indicating compliance with the
immunization requirements of NJ.A.C. 9:2-14.3.
9:2-14.7
Medical exemption to immunization
(a) A student shall be exempt from receiving or documenting
receipt of any required immunizations which are medically contrain-
dicated in accordance with NJ.A.C. 9:2-14.2(a). The conditions
which comprise valid contraindication to vaccine administration shall
be those set forth within the most recent Recommendations of the
Immunization Practices Advisory Committee published periodically
by the Centers for Disease Control, Atlanta, Georgia 30333. Such
students shall present a written statement from a physician licensed
to practice mediclne or osteopathy within
the United States or
another foreign country stating that a specific immunization is medi-
cally contraindicated for a specific period and the reasons for the
medical contraindication which exempt a student from the specific
immunization requirements of N.J.A.C. 9:2-14.3.
(b) Each institution shall maintain the written physician's state-
ment as
of the immunization record and shall review it annually
to determine whether the exemption shall remain in effect for the
next year. When a student's condition for the medical contraindica-
tion no longer exists, the student must be immunized.
(c) In the event of a vaccine-preventable disease outbreak
the
institution may, in consultation with the State Department of Health,
exclude each student with a medical exemption to the specific relevant
v.acc.ine from attending class and other institution sponsored ac-
nvines.
9:2-14.8
Religious exemption from immunization
. (a) A
is exempt from documenting the required immuniza-
tions set forth
10 N.J.A.C. 9:2-14.3 if the student submits a written
statement to the institution signed by the student and an official
:eprese?tat.ive of the student's religious institution explaining how
imrnuruzauon conflicts with his or her religious beliefs and such
statement is made a part of the student's immunization record.
(CITE 21 N.J.R. 3606)
NEW JERSEY REGISTER, MONDAY, NOVEMBER 20, 1989
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PROPOSALS
Interested Persons see Inside Front Cover
INSURANCE
(b) In the event of a vaccine preventable disease outbreak, the
institution may, in consultation with the State Department of Health,
exclude each student with a religious exemption from attending class
and other institution sponsored activities.
9:2-14.9
Institutional records required
(a) Each institution shall maintain a record of immunizations on
each non-exempted student including those in provisional status, in
accord with N.J.A.C. 9:2-14.6, and on each student described in
N.J.A.C. 9:2-14.2(b)2 in a format specified by the New Jersey Depart-
ment of Health Education, in consultation with the Department of
Higher Education, which shall include the date of each required
immunization.
(b) Each institution shall attach or reference statements pertaining
to physician written medical exemptions, religious exemptions, lab-
oratory evidence of immunity or a physician's diagnosis of mumps
to this record.
(c) An institution shall maintain a complete hard copy set of
immunization record forms separate from each student's academic,
medical or personal records in a manner accessible to health officials
to ensure the confidentiality of each student's other records.
(d) An institution shall, upon request of a student who is trans-
ferring to another institution, send the student's record of immuniza-
tion with any attached statements or a copy thereof to the other
institution.
(e) An institution shall, upon request, release to a student his or
her immunization record or a copy thereof if the student graduates
or leaves the institution for any reason.
(f) The institution shall
maintain each student's immunization
record for three years following a student's graduation, termination,
transfer or departure from the institution.
9:2-14.10
Reports to be provided to the State of New Jersey
(a) Each institution shall send an annual report of the immuniza-
tion status of their students to the State Department of Health in
a form provided by the State Department of Health.
(b) Each institution shall include in this report all students who
are covered by these rules and shall submit this report by December
I of each respective academic year. The report shall document the
total number of students attending the institution, the number and
groups of students specifically covered by these rules, the number
of students with medical exemptions, the number of students with
religious exemptions and the number of students not receiving re-
quired immunizations.
9:2-14.1J
Records available for inspection
(a) Each institution shall maintain centralized records of student
immunization status available for inspection by authorized represen-
tatives of the State Department of Health, the local board of health
in whose jurisdiction the institution is located, or representatives of
the Department of Higher Education within 24 hours of notification.
(b) Authorized representatives will only review records to monitor
compliance with these rules or in the event a vaccine preventable
disease outbreak is threatening.
9:2-14.12
Providing immunization
(a) Each institution may administer the vaccines required by this
subchapter to those students unable to obtain either acceptable vac-
cine documentation or the measles, mumps, or rubella vaccines from
their own health care provider.
(b) In the event of an outbreak or a threat of an outbreak, each
institution may administer the measles, mumps, and rubella vaccine
or other immunizing agents to each student, other than a student
exempt in accordance with N.J.A.C. 9:2-14.2, who are not covered
by these rules when specifically authorized to do so by the State
Department of Health.
9:2-14.13
Existing responsibilities of institutions and of the State in
controlling communicable disease
(a) Each institution shall report the suspected presence of any
reportable communicable disease to the local health officer in con-
formance with N.J.A.C. 8:57-1.2 and 1.5.
(b) In the event that an outbreak or threatened outbreak exists,
the State Commissioner of Health, designated officers, or local health
officers may issue either additional immunization requirements or
modify these immunization requirements to meet the emergency.
These additional requirements may include obtaining immunization
documentation or requiring specific immunizations for each student
not covered by these rules. Each student failing to meet these ad-
ditional requirements may be excluded from attending classes and
participating in institution sponsored activities until proof of ade-
quate immunization is furnished (N.J.A.C. 8:57-1.7 and 1.8).
INSURANCE
(a)
DIVISION OF FINANCIAL EXAMINATIONS AND
LIQUIDATIONS
Formation of a Domestic Property and Casualty
Insurance Corporation (Stock or Mutual) or
Reciprocal Insurance Exchange
Proposed New Rules: N.J.A.C. 11:1-28
Authorized By: Kenneth D. Merin, Commissioner, Department
of Insurance.
Authority: N.J.S.A. 17:1-8.1; 17:IC-6(e), 17:17-1 et seq., 17:46A-I
et seq., 17:46B-1 et seq. and 17:50-1 et seq.
Proposal Number: PRN 1989-613.
Submit comments by December 20, 1989 to:
Verice M. Mason
Assistant Commissioner
Legislative and Regulatory Affairs
Department of Insurance
CN 325
Trenton, New Jersey 08625
The agency proposal follows:
Summary
N.J.S.A. 17:17-1 et seq. sets forth the requirements for the formation
of a domestic property and casualty insurance company in the State of
New Jersey. N.J.S.A. 17:46A-I et seq., 17:46B-I et seq. and 17:50-1 et
seq. provide additional requirements for the formation of mortgage
guarantee insurance companies, title insurance companies and reciprocal
insurance exchanges, respectively.
Pursuant to these statutes, the Department developed informal filing
requirements providing for the submission of specified information by
a proposed domestic property and casualty insurance corporation or
attorney in fact representing a proposed reciprocal insurance exchange
relating to its organization and proposed method of operation. This
information must be received and approved before the Department will
issue to an applicant a certificate of authority to transact property and
casualty insurance. The Department has now determined to codify and
clarify these requirements by proposing these new rules. This will ensure
that the filing requirements for the formation of a domestic property and
casualty insurer or reciprocal insurance exchange will be clearly and
consistently set forth, thus streamlining the application process by ensur-
ing that all applicants will be fully apprised of these requirements.
The proposed rules differ from the existing guidelines by requiring that
more detailed information be filed and by providing a "four-tiered"
application
process
rather than
the "two-tiered" process currently
utilized. Under the proposed rules, an applicant first submits a "feasibility
study" containing specified information relating
to the applicant's
method of operation. A $1,000 filing fee must be included with the
feasibility study to cover the costs of Department reviewof the documents
submitted. Secondly, if the Commissioner determines that the operation
of the applicant is feasible, pursuant to the feasibility study, the applicant
must submit its by-laws, biographical information on its incorporators,
directors and officers and its certificate of incorporation for review. The
officers, directors and incorporators of the applicant are then subject to
and must pay the costs of a criminal history records check pursuant to
proposed N.J.A.C. 11:1-28.7. Finally, the applicant is subject to an or-
ganization exam conducted on the site of its place of business. The
Commissioner may then issue a certificate of authority to the applicant
as provided in proposed N.J.A.C. 11:1-28.9.
NEW JERSEY REGISTER, MONDAY, NOVEMBER 20, 1989
(CITE 21 N.J.R. 3607)
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Case 3:21-cv-15333-ZNQ-TJB   Document 42-4   Filed 01/11/22   Page 5 of 5 PageID: 733

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