N.J. Stat. tit. 34, ch. 16

N.J. Stat. tit. 34, ch. 16
in effect

N.J. Stat. § 34:16-20 Definitions.

1. As used in this chapter: "Division" means the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development, for the rehabilitation of persons with disabilities. "Maintenance" means payments to cover the basic living expenses of a person with a disability, such as: food, shelter, clothing, health maintenance, and other subsistence expenses essential to achievement of the individual's vocational rehabilitation or independent living rehabilitation objective. "Individual with a disability" means, for the purpose of vocational rehabilitation services, any individual who has a physical or mental disability which constitutes a substantial impediment to employment, but which is of such a nature that vocational rehabilitation services may reasonably be expected to give the individual suitable skills to achieve gainful employment outcomes. "Individual with a severe disability" means, for the purpose of independent living rehabilitation services, an individual who has a physical or mental disability, as defined by rules and regulations of the division, as to require institutional care or nursing home care or attendance in the individual's household continuously or for a substantial portion of the time, but who reasonably can be expected as a result of independent living rehabilitation services to achieve an independent living status. "Independent living status" means that degree of independence for individuals with severe disabilities which will eliminate the need for institutional care or nursing home care or eliminate or substantially reduce the need for an attendant's care at home and which may in many instances make such persons capable of achieving vocational rehabilitation. "Prosthetic device" means any appliance designed to support or take the place of a part of the body, or to increase the acuity of a sensory organ. "Vocational rehabilitation services" means diagnostic and related services (including transportation) incidental to the determination of eligibility for and the nature and scope of services to be provided; training, books, and training material, including necessary small tools, such prosthetic devices as are essential to obtaining or retaining employment, occupational licenses, guidance and placement services for individuals with disabilities; and in the case of an individual found to require financial assistance with respect to these services, after full consideration of the individual's eligibility for any similar benefit by way of pension, compensation, and insurance, any other goods and services necessary to give the individual suitable skills to achieve gainful employment outcomes (including gainful homebound work), including but not limited to the following physical rehabilitation and other goods and services: (1) Corrective surgery or therapeutic treatment to correct or improve a physical or mental condition which constitutes a substantial impediment to employment; (2) Necessary hospitalization in connection with surgery or treatment specified in paragraph (1); (3) Maintenance, not exceeding the estimated cost of subsistence, during rehabilitation; (4) Tools, equipment, initial stocks, and supplies, including equipment and initial stocks and supplies for vending stands; (5) Transportation (except where necessary in connection with determination of eligibility or nature and scope of services); (6) Acquisition of vending stands or other equipment, and initial stocks and supplies for small business enterprises conducted by individuals with severe disabilities under the supervision of the State agency; (7) The establishment of public and other nonprofit rehabilitation facilities to provide services for individuals with disabilities and the establishment of public and other nonprofit workshops for individuals with severe disabilities. "Vocational rehabilitation services" (for purposes of the determination of rehabilitation potential) also means: diagnosis and related services (including transportation), training, books, and training material, including necessary small tools, prosthetic devices, and guidance, which are provided to an individual who has a physical or mental disability which constitutes a substantial impediment to employment, during the period specified to be necessary for and which are provided for the purpose of ascertaining whether it may be reasonably expected that the individual will be able to achieve gainful employment through the provision of goods and services described in the preceding paragraph; and in the case of any such individual found to require financial assistance with respect thereto, after full consideration of the individual's eligibility for any similar benefit by way of pension, compensation, and insurance, any other goods and services necessary to the determination of a rehabilitation potential, including but not limited to physical rehabilitation and other goods and services. "Independent living rehabilitation service" means counseling, diagnostic, and related services (including transportation) provided to individuals with severe disabilities, and needed prosthetic appliances, books training materials, and other devices which will contribute to independent living, training in the use of these devices, and in the case of any individual found to require financial assistance with respect thereto, after full consideration of the individual's eligibility for any similar benefits by way of pension, compensation, and insurance, such term shall include but shall not be limited to the following: (1) physical rehabilitation and related services, including corrective surgery, therapeutic treatment, and hospitalization; (2) maintenance needed to assure the availability of such services, not exceeding the estimated cost of subsistence; (3) such rehabilitation services necessary for the achievement of independent living status. "Rehabilitation facility" means a facility operated for the primary purpose of assisting in the vocational rehabilitation and independent living rehabilitation of individuals with disabilities and individuals with severe disabilities, (1) which provides one or more of the following types of service: testing, fitting, or training in the use of prosthetic devices; prevocational or conditioning therapy; physical or occupational therapy, adjustment training, evaluation, treatment, or control of disabilities; or (2) through which is provided an integrated program of medical, psychological, social and vocational evaluation and services under competent professional supervision; provided, that the major portion of such evaluation and service is furnished within the facility, and that all medical and related health services are prescribed by, or under the formal supervision of, persons licensed to practice medicine or surgery in the State. "Workshop" means a place where any manufacture or handiwork is carried on, and which is operated for the primary purpose of providing gainful employment to individuals with disabilities (1) as an interim step in the rehabilitation process for those who cannot be readily absorbed in the competitive labor market; or (2) during such time as employment opportunities for individuals with disabilities in the competitive labor market do not exist. "Gainful employment" includes employment in the competitive labor market; practice of a profession; self-employment; homemaking, farm, or family work (including work for which payment is in kind rather than cash); sheltered employment; and home industries or other homebound work of a gainful nature. L.1955, c.64, s.1; amended 1961, c.20, s.1; 1967, c.123, s.1; 1969, c.91, s.1; 2017, c.131, s.133.

N.J. Stat. § 34:16-21 Rehabilitation commission; membership

There is hereby established the Rehabilitation Commission which is placed in the Department of Labor and Industry for housekeeping purposes. The commission is hereby designated as the sole State agency to administer and supervise vocational rehabilitation and independent living rehabilitation authorized by this chapter. The commission shall consist of the Commissioner of Labor and Industry, the Commissioner of Education, the Commissioner of the Department of Institutions and Agencies, the Commissioner of Health, ex officio, or such deputy as any of them respectfully designate, and 8 members appointed by the Governor. Of the 8 members so appointed by the Governor, one and only one shall be a person who by reason of vocation, activities and affiliations can be considered as a representative of the employers of labor of the State. One member, and only one, shall be a person who by reason of vocation, activities and affiliations can be considered as a representative of organized labor of the State. Two members, one of whom shall be a woman, shall be chosen because of their special interest in and knowledge of the field of social welfare. L.1955, c. 64, p. 213, s. 2. Amended by L.1961, c. 20, s. 2; L.1967, c. 123, s. 2, eff. June 21, 1967.

N.J. Stat. § 34:16-22 Chairman

The chairman of the commission shall be the Commissioner of Labor and Industry of the State of New Jersey. L.1955, c. 64, p. 213, s. 3.

N.J. Stat. § 34:16-23 Terms of office; vacancies

Of the members of the commission appointed by the Governor, the first members shall be appointed, 3 for 1 year, 3 for 2 years, 2 for 3 years, and their successors shall be appointed for terms of 3 years. The members so appointed shall hold over until their respective successors are appointed and shall qualify. Vacancies shall be filled for the unexpired terms only. L.1955, c. 64, p. 213, s. 4.

N.J. Stat. § 34:16-24 Compensation; expenses

The members of the commission shall serve without pay but actual expenses incurred in the performance of their duties shall be paid out of funds appropriated for the purposes of the commission. L.1955, c. 64, p. 213, s. 5.

N.J. Stat. § 34:16-25 Removal of members

The Governor may at any time remove for inefficiency or neglect of duty any member of the commission appointed by him, charges in writing having been preferred and sustained after public hearing. L.1955, c. 64, p. 213, s. 6.

N.J. Stat. § 34:16-26 Report to Governor; recommendations

The commission shall annually make report to the Governor of its work in carrying out the provisions of this chapter and shall submit to him its recommendations concerning legislation and a statement of the sum necessary for such work for the ensuing year. L.1955, c. 64, p. 214, s. 7.

N.J. Stat. § 34:16-27 Powers of division.

8. The division shall be authorized to: (a) Adopt and promulgate such rules and regulations as may be necessary to carry out the provisions of P.L.1955, c.64 (C.34:16-20 et seq.). (b) Provide vocational rehabilitation and independent living rehabilitation services, directly or through public or private instrumentalities, to eligible individuals with disabilities without discrimination as to sex, race, color, creed, or national origin, except that the division shall not duplicate services provided for persons who are blind through the Commission for the Blind and Visually Impaired and persons who are deaf or hard of hearing through the New Jersey School for the Deaf, Katzenbach Campus, nor shall the division provide services for persons who in its judgment will not benefit from rehabilitation. In case vocational rehabilitation and independent living rehabilitation services cannot be provided to all eligible individuals with disabilities who apply for such services, the division shall provide, by regulation, the order to be followed in selecting those to whom such services will be provided. (c) Construct or establish and operate rehabilitation facilities and workshops, which may include residential accommodations related to the rehabilitation of individuals with disabilities and make grants to public and other nonprofit organizations for such purposes. (d) Establish and supervise the operation of vending stands and other small businesses established pursuant to P.L.1955, c.64 (C.34:16-20 et seq.) to be conducted by individuals with severe disabilities. (e) Make studies, investigations, demonstrations, and reports, and provide training and instruction (including the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary) in matters relating to vocational rehabilitation and independent living rehabilitation. (f) Enter into reciprocal agreements with other states to provide for the vocational rehabilitation and independent living rehabilitation of residents of the states concerned. (g) Accept and use gifts made, by will or otherwise, for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the division are proper and consistent with the provisions of this chapter, may be accepted, held, invested, reinvested, or used in accordance with the conditions, if any, of the gift. (h) Take such action as it deems necessary or appropriate to carry out the purposes of P.L.1955, c.64 (C.34:16-20 et seq.). L.1955, c.64, s.8; amended 1961, c.20, s.3; 1967, c.123, s.3; 1969, c.91, s.2; 2007, c.39, s.4; 2017, c.131, s.134.

N.J. Stat. § 34:16-28 Director; employees and special assistants

The commission shall appoint a director, who shall be its executive officer and have primary responsibility for, and shall devote his full time to the administration of the program, and who shall employ such staff and special assistants as may be necessary to carry out the purposes and objects of this chapter. The chairman of the commission shall be the individual with whom the director shall consult when the commission is not in session. Notwithstanding the provisions of this act or any other law to the contrary, the director and all employees and special assistants shall be appointed pursuant to the provisions of Title 11, Civil Service, and shall continue to be subject thereto. L.1955, c. 64, p. 215, s. 9.

N.J. Stat. § 34:16-29 Cooperation with other agencies; administration; services and facilities

The commission is also authorized: (a) To co-operate with the Federal Government in carrying out the purposes of any Federal statutes pertaining to vocational rehabilitation and independent living rehabilitation and to adopt such methods of administration as are found by the Federal Government to further the proper and efficient operation of agreements or plans for vocational rehabilitation and independent living rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of such Federal statutes. (b) To comply with conditions specified in Federal statutes which authorize the use of Federal funds by the commission without matching State funds, notwithstanding other sections of this statute. (c) To co-operate with and utilize the services of the State agency or agencies administering the State's Public Assistance program, the Federal Bureau of Old-Age and Survivors' Insurance (Department of Health, Education and Welfare), and other public and private agencies providing services related to vocational rehabilitation and independent living rehabilitation, and with the State system of public employment offices in the State, and shall make maximum feasible utilization of the job placement and employment counseling services and other services and facilities of such offices. (d) To co-operate with and make grants to political subdivisions, other public and nonprofit organizations and agencies, for the construction of or for the establishment of workshops and rehabilitation facilities, and in providing vocational rehabilitation and independent living rehabilitation services to utilize such facilities meeting the standards established by the commission. (e) Upon designation by the Governor, to perform other related functions and services for the Federal Government, including making determinations of disability under Title II of the Federal Social Security Act. L.1955, c. 64, p. 215, s. 10. Amended by L.1961, c. 20, p. 104, s. 4; L.1967, c. 123, s. 4, eff. June 21, 1967.

N.J. Stat. § 34:16-29.1 Division of Vocational Rehabilitation Services administrators, duties

32. The director or other chief administrative officer of the Division of Vocational Rehabilitation Services in the Department of Labor shall: a. cause copies of the voter registration forms and instructions provided for in subsections e. and f. of section 16 of P.L.1974, c.30 (C.19:31-6.4) and the declination form provided for in subsection b. of section 26 of P.L.1994, c.182 (C.19:31-6.11) to be distributed at each office thereof to each person appearing in person at the office to apply for services or assistance provided by the office or to seek a recertification, renewal or change of address relative to the assistance provided at such office. An employee of the office shall inquire of every such person whether the person, if not already registered to vote from the place of his or her present residence, wishes to be so registered and shall inform the person that whether or not the applicant chooses to register will not affect the person's eligibility for those services. The employee shall subsequently review the forms to determine whether or not the person wishes to register to vote. If the person does not wish to register, the employee shall provide the person with any assistance necessary to complete the declination form and then inform the person that the form will be retained by the employee. If the person wishes to register, the employee shall provide the person with any assistance necessary in completing the voter registration form; shall inform the applicant that the applicant may leave the completed form with the employee or mail it personally to the Secretary of State; and if the applicant chooses to leave the form, shall accept the completed form, stamp or otherwise mark the lower right hand corner of the document with the date on which it was so received, and forward it to the Secretary of State. The employee shall provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the voter registration form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses such assistance; b. provide for the continuous supply of the forms and instructions specified in subsection a. of this section to each such office; c. provide the forms and instructions specified in subsection a. of this section in both the English and Spanish languages in those offices which are located in any county in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4); d. provide for the collection of completed voter registration forms by any employee of the office and for the transmittal of the forms to the Secretary of State; e. provide that the forms, instructions and assistance specified in subsection a. of this section shall be provided to any person with a disability who receives assistance or services at that person's home from an employee of the office; f. inform each employee of the office who assists in registering a person to vote that that employee shall not: (1) seek to influence an applicant's political preference or party registration; (2) display any such political preference or party allegiance; (3) make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or (4) make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits; and g. make certain that no information relating to a declination to register to vote by an individual in connection with any type of application for service made by that individual at any office is used for any purpose other than voter registration. L.1994,c.182,s.32.

N.J. Stat. § 34:16-30 State treasurer as custodian of funds

The State Treasurer is hereby designated as the custodian of all funds received from the Federal Government for the purpose of carrying out any Federal statutes pertaining to vocational rehabilitation and independent living rehabilitation or any agreement authorized by this chapter. The State Treasurer shall make disbursements from such funds and from all State funds available for vocational rehabilitation and independent living rehabilitation purposes upon certification by the commission. L.1955, c. 64, p. 216, s. 11. Amended by L.1961, c. 20, p. 104, s. 5.

N.J. Stat. § 34:16-31 Hearings

Any individual applying for or receiving vocational rehabilitation or independent living rehabilitation who is aggrieved by any action or inaction of the commission shall be entitled in accordance with regulations to a hearing by the commission. L.1955, c. 64, p. 216, s. 12. Amended by L.1961, c. 20, p. 105, s. 6.

N.J. Stat. § 34:16-32 Prohibited activities

No officer or employee engaged in the administration of the vocational rehabilitation and independent living rehabilitation programs shall use his official authority to influence or permit the use of the vocational rehabilitation and independent living rehabilitation programs for the purpose of interfering with an election or affecting the results thereof or for any partisan political purpose. No such officer or employee shall solicit or receive, nor shall any officer or employee be obliged to contribute or render, any service, assistance, subscription, assessment, or contribution for any political purpose. Any officer or employee violating this provision shall be subject to discharge or suspension. L.1955, c. 64, p. 216, s. 13. Amended by L.1961, c. 20, p. 105, s. 7.

N.J. Stat. § 34:16-33 Confidential character of records

All records relating to the receipt of or application for vocational rehabilitation or independent living rehabilitation services shall be confidential and shall not be published or open to public inspection. No member, officer or employee of the commission shall, except for purposes directly connected with the administration of the vocational rehabilitation or independent living rehabilitation programs, and in accordance with regulations, solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation or independent living rehabilitation, directly or indirectly derived from the records, papers, files, or communications of the State or subdivisions or agencies thereof, or acquired in the course of the performance of official duties. Any such act on the part of a member, officer or employee of the commission shall be grounds for dismissal by the Governor as to members and as to officers and employees, in accordance with the provisions of Title 11, Civil Service, of the Revised Statutes and of rules and regulations issued pursuant thereto. L.1955, c. 64, p. 217, s. 14. Amended by L.1961, c. 20, p. 105, s. 8.

N.J. Stat. § 34:16-34 Amendment or repeal of act

The Legislature reserves the right to amend or repeal all or any part of this act at any time; and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this act or by acts done pursuant thereto shall exist subject to the power of the Legislature to amend or repeal this act at any time. L.1955, c. 64, p. 217, s. 15.

N.J. Stat. § 34:16-35 Severability

If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby. L.1955, c. 64, p. 217, s. 16.

N.J. Stat. § 34:16-36 Liberal construction

The provisions of this chapter shall be liberally construed in order that its purposes and objects may be fully effectuated. L.1955, c. 64, p. 217, s. 17.

N.J. Stat. § 34:16-37 Repeals

Sections 34:16-1, 34:16-2, 34:16-3, 34:16-4, 34:16-5, 34:16-6, 34:16-7, 34:16-8, 34:16-9, 34:16-10, 34:16-11, 34:16-12, 34:16-13, 34:16-14, 34:16-15, 34:16-16, 34:16-17, 34:16-18, 34:16-19, 18:17-6, 18:17-7, 18:17-8, and 18:17-9 of the Revised Statutes and "An act authorizing the New Jersey Rehabilitation Commission to appoint therein special examiners to serve tuberculous persons," approved May 24, 1941 (P.L.1941, c. 155), and section 22 of the "Department of Labor and Industry Act of 1948," approved October 21, 1948 (P.L.1948, c. 446), are repealed. L.1955, c. 64, p. 218, s. 18.

N.J. Stat. § 34:16-38 Short title

This act shall be known and may be cited as the "Vocational Rehabilitation Act of 1955." L.1955, c. 64, p. 218, s. 19.

N.J. Stat. § 34:16-39 Short title

This act shall be known and cited as the "Sheltered Workshop Act of 1971." L.1971, c. 272, s. 1.

N.J. Stat. § 34:16-40 Definitions.

2. As used in P.L.1971, c.272 (C.34:16-39 et seq.): a. "Sheltered workshop" means an occupation oriented facility operated by a nonprofit agency, public or private, which except for its staff, employs only persons with disabilities; b. "Division" means the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development; c. "Commission" means the New Jersey Commission for the Blind and Visually Impaired in the Department of Human Services; d. "Extended employee" means a person with a severe disability who meets the following requirements: (1) shall have completed a prescribed workshop program; (2) shall have been found, due to the nature and severity of the person's disability to be incapable of competing in the open or customary labor market; and (3) shall have been certified as being an extended employee by the staff of the division or the commission; or (4) shall have been certified by the division or the commission as an extended employee qualified to perform industrial homework under the supervision of a sheltered workshop; e. "Extended employment program" means a program designed for those persons with disabilities whose disabilities make sheltered employment in a sheltered workshop or in performance of industrial homework under the supervision of a sheltered workshop, after completion of a certified program of vocational evaluation and training the only suitable form of employment, or for those persons with severe disabilities who were not eligible for vocational rehabilitation services under laws and regulations in effect at the date of enactment of this act and who could benefit from the provisions of this act. L.1971, c.272, s.2; amended 1973, c.45, s.1; 1979, c.335, s.1; 2017, c.131, s.135.

N.J. Stat. § 34:16-41 Programs of vocational rehabilitation or extended employment

The division shall administer a program of vocational rehabilitation to an extended employee and shall plan, institute, support, and administer a program of extended employment in, or under the supervision of a sheltered workshop provided for in this act. L.1971, c. 272, s. 3. Amended by L.1973, c. 45, s. 2, eff. Feb. 27, 1973; L.1979, c. 335, s. 2, eff. Jan. 21, 1980.

N.J. Stat. § 34:16-42 Contracts with approved sheltered workshops; amount payable.

4. The division is hereby authorized to contract with an approved sheltered workshop for the furnishing of extended employment programs to persons with severe disabilities when it shall appear to the satisfaction of the division, or upon certification to the division by the commission, that a person with a severe disability could reasonably be expected to benefit from, or reasonably requires, extended rehabilitation services. The division is authorized to contract for the payment of a sum for each person with a severe disability not exceeding the amount appropriated for the purposes of P.L.1971, c.272 (C.34:16-39 et seq.) toward the cost of providing an extended employment program pursuant to this act. L.1971, c.272, s.4; amended 1979, c.335, s.3; 2017, c.131, s.136. 34:16-43. Authority of division and commission. 5. The division and the commission are hereby vested with the authority: a. to determine the eligibility of persons with severe disabilities for the extended employment program in consultation with the shaltered workshops providing the program; b. to establish standards of staffing, physical plant and services required for the operation of facilities of sheltered workshops furnishing services under P.L.1971, c.272 (C.34:16-39 e seq.) by contract with the State; and c. to require an appropriate progress report on each individual participating in the extended employment program. L.1971, c. 272, s. 5. Amended by L.1979, c. 335; 2017, c.131, s.137.

N.J. Stat. § 34:16-43 Determination of eligibility for extended employment program; standards for operation of sheltered workshop; progress reports

The division and the commission are hereby vested with the authority: a. to determine the eligibility of severely handicapped persons for the extended employment program in consultation with the sheltered workshops providing the program; b. to establish standards of staffing, physical plant and services required for the operation of facilities of sheltered workshops furnishing services under this act by contract with the State; and c. to require an appropriate progress report on each individual participating in the extended employment program. L.1971, c. 272, s. 5. Amended by L.1979, c. 335, s. 4, eff. Jan. 21, 1980.

N.J. Stat. § 34:16-44 Inapplicability of requirement for employer's permit relating to ratio of employees in home work to those in factory for extended employment program of sheltered workshop

The provisions of P.L.1941, c. 308 (C. 34:6-136.1 et seq.) relating to the ratio of employees engaged in home work to those employed in a factory and the requirement for an employer's permit shall not apply to an extended employment program of a sheltered workshop. L.1973, c. 45, s. 3, eff. Feb. 27, 1973.

N.J. Stat. § 34:16-45 State policy relative to persons with disabilities.

1. It is the policy of the State to assist persons with disabilities and organizations established to aid persons with disabilities in the sale of goods or articles which are the product of the labor of persons with disabilities by providing a means of authenticating the source of such goods and articles and by preventing misrepresentation as to items offered for sale as the product of persons with disabilities. L.1975, c.350, s.1; amended 2017, c.131, s.138.

N.J. Stat. § 34:16-46 Definitions.

2. As used in this act: a. "Person with a disability" means any individual who is unable to engage in any substantial gainful employment by reason of any medically determinable physical or mental impairment which is of a long-continued or indefinite duration or which can be expected to result in death. b. "Direct labor" means all work required for the preparation, processing, and assembling of goods or articles including the packaging and packing thereof, but not including time spent in the supervision, administration, inspection, and shipping of such operations, or in the production of component materials by other than persons with disabilities. L.1975, c.350, s.2; amended 2017, c.131, s.139.

N.J. Stat. § 34:16-47 Registration, authorization to identify goods, articles made by persons with disabilities.

3. To facilitate ready and authoritative identification of goods or articles made by persons with disabilities, any person with a disability and any public or private institution or agency, firm, association, or corporation engaged in the manufacture or distribution of goods or articles made by persons with disabilities shall apply to the division for registration and authorization to use an official imprint, stamp, symbol, or label, designed or approved by the division, to identify goods and articles as made by persons with disabilities. Nothing in P.L.1975, c.350 (C.34:16-45 et seq.) shall authorize the identification of goods or articles as made by persons with disabilities when the direct labor performed by persons with disabilities in connection therewith shall consist solely of the packaging or packing thereof as distinguished from the preparation, processing, or assembling of such goods or articles. The division shall investigate each application, under rules and regulations it shall adopt for the administration of P.L.1975, c.350 (C.34:16-45 et seq.), to assure that such person or organization is actually engaged in the manufacture or distribution of goods or articles made by persons with disabilities. The division may register without investigation nonresident individuals and out-of-state agencies, firms, associations, or corporations upon proof that they are recognized and approved by the state of their residence or organized pursuant to a law of such state imposing requirements substantially similar to those prescribed pursuant to P.L.1975, c.350 (C.34:16-45 et seq.). No fee shall be charged for registration of an individual person with a disability who manufactures and sells products of the person's own labor. A fee of $25 shall be charged and collected for registration of any other person, firm, or corporation. All registrations shall be valid for one year from date of issue. L.1975, c.350, s.3; amended 1979, c.335, s.5; 2017, c.131, s.140.

N.J. Stat. § 34:16-48 Sale of goods by persons with disabilities; identification.

4. No goods or articles made in this or any other state may be displayed, advertised, solicited for sale by telephone, mail or otherwise, offered for sale, or sold in this State upon a representation that such goods or articles are made by persons with disabilities unless they are identified as such by label, imprint, stamp, or symbol and no such goods or articles may be so identified unless at least 75 percent of the total hours of direct labor of producing such goods or articles shall have been performed by one or more persons with a disability. L.1975, c.350, s.4; amended 2017, c.131, s.141.

N.J. Stat. § 34:16-49 Labels or stamps; contents.

5. Any worker with a disability, or any public or private institution or agency, corporation, firm, or association, registered with the division pursuant to P.L.1975, c.350 (C.34:16-45 et seq.), engaged in the manufacture or distribution of articles of merchandise, made or manufactured by a person or persons with a disability, shall imprint or stamp upon such articles of merchandise or affix thereto labels containing the words, "made by a worker with a disability," to which shall be added the name of the manufacturer, the place of manufacture, and such other information as the division may prescribe. L.1975, c.350, s.5; amended 1979, c.335, s.6; 2017, c.131, s.142.

N.J. Stat. § 34:16-50 Violations.

6. Any person, firm, corporation, institution, or association who (a) shall use or employ an imprint, stamp, or symbol or label issued or approved by the division or an imitation thereof without having registered with the division, or (b) who shall directly or indirectly by any means indicate or tend to indicate or represent that the goods or articles were made by a person or persons with a disability when in fact such goods or articles were not so made, or (c) who shall directly or indirectly by any means indicate or tend to indicate or represent that the goods or articles were sold by or for the benefit of persons with disabilities when in fact such sale was not by or of substantial benefit to a person or persons with a disability is a disorderly person. L.1975, c.350, s.6; amended 1979, c.335, s.7; 2017, c.131, s.143.

N.J. Stat. § 34:16-51 Findings, declarations

The Legislature finds and declares that many handicapped citizens enrolled in sheltered (extended) employment programs at sheltered workshops earn subminimum wages in a noncompetitive working environment and therefore require financial assistance so that they may meet their transportation costs. The Legislature further finds and declares that the Department of Labor through its Division of Vocational Rehabilitation Services, in conjunction with the Division of Developmental Disabilities in the Department of Human Services and the sheltered workshops of this State, should play a major role in defraying the costs of public transportation and paratransit expenses of handicapped citizens enrolled in sheltered (extended) employment programs at sheltered workshops. L. 1987, c. 455, s. 1.

N.J. Stat. § 34:16-52 Definitions.

2. As used in this act: a. "Division" means the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development. b. "Citizen with a disability" means any individual who, by reason of illness, injury, age, congenital condition, or other permanent or temporary incapacity or disability, is unable without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who are not so affected. c. "Paratransit" means and includes any service, other than motorbus regular route service and charter services, including, but not limited to, dial-a-ride, nonregular route, jitney or community minibus, and shared-ride services such as vanpools, limousines, or taxicabs which are regularly available to the public. Paratransit shall not include limousine or taxicab service reserved for the private and exclusive use of individual passengers. d. "Public transportation" means all rail passenger service operated by the New Jersey Transit Corporation, and all motorbus regular route service operated pursuant to P.L.1979, c.150 (C.27:25-1 et seq.) or operated pursuant to R.S.48:4-3. e. "Sheltered (extended) employment programs" means those programs established pursuant to regulations adopted pursuant to section 8 of P.L.1955, c.64 (C.34:16-27). f. "Sheltered workshop" means a facility possessing a valid certificate to vend services to the division issued by the director thereof, in compliance with the rules and regulations governing vocational rehabilitation facilities. L.1987, c.455, s.2; amended 2017, c.131, s.144.

N.J. Stat. § 34:16-53 Transportation expense program.

3. The Commissioner of Labor and Workforce Development is directed to establish and implement within 120 days of the effective date of this act a program to be administered by the division to defray the public transportation or paratransit expenses of citizens with disabilities enrolled in sheltered (extended) employment programs at sheltered workshops. The program may provide for the defraying of these expenses by the purchase of bus cards or other appropriate methods as prescribed by the commissioner. L.1987, c.455, s.3; amended 2017, c.131, s.145.

N.J. Stat. § 34:16-54 Annual survey

The division shall annually conduct a survey to assess the transportation needs of these sheltered workshops. L. 1987, c. 455, s. 4.

N.J. Stat. § 34:16-55 Rules, regulations

The Commissioner of Labor shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) to effectuate the purposes of this act. L. 1987, c. 455, s. 5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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